International law; Natural law; War (International law)
To allow burial to criminals must have been the practice in the time
of Homer: for we are told, in the third book of the Odyssey, that
Ægisthus, who had added the crime of murder to that of adultery, was
honoured with funeral ceremonies by Orestes, the son of the murdered
king. It was the custom with the Romans, as may be seen from Ulpian,
never to refuse giving the bodies of criminals to their relatives, to
bury. The Emperors, Diocletian, and Maximian, in a rescript, declared,
that they did not refuse to deliver up, for burial, those, who had
deservedly been put to death for their crimes.
In reading the history of civil wars; we find more frequent instances
of indignities offered to the dead, than in the accounts of any foreign
wars. In some cases, the bodies of executed criminals are exposed to
public view, and hung in chains, a custom the propriety of which is
very much doubted both by Theological and Political writers. So far
from approving of the practice, we find such writers bestowing praises
upon many, who had ordered funeral honours to be paid to those, who
would not themselves have allowed the same to others. An action of this
kind was done by Pausanias the Lacedaemonian, who, being urged by the
people of Aegina to retaliate upon the Persians for their treatment
of Leonidas, rejected the advice, as unbecoming his own character and
the Grecian name. The Pharisees allowed burial even to King Jannaeus
Alexander, who had treated the dead bodies of their countrymen with
every kind of insult. Though indeed on certain occasions, God may have
punished some offenders with the loss of such a right, he did so by
virtue of his own prerogative, which places him above the restrictions
of all law. And when David exposed the head of Goliah, it was done to
one, who was an alien, and a despiser of God, and might be justified by
that law, which confined the name and privileges of neighbour to the
Hebrews.
V. There is one thing not improper to be observed, that the rule
prevailing among the Hebrews with respect to burying the dead,
contained an exception, as we are informed by Josephus, excluding
those, who had committed suicide. Nor is it surprising that a mark of
ignominy should be affixed to those, on whom death itself cannot be
inflicted as a punishment. Aristotle in the fifth book of his Ethics,
speaks of the infamy universally attached to suicide. Nor is the
observation at all weakened by the opinions of some of the Grecian
poets, that as the dead are void of all perception, they cannot be
affected either by loss or shame. For it is a sufficient reason to
justify the practice, if the living can be deterred from committing
actions, for which they see a mark of infamy set upon the dead.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account