granted to the husband in uncivilised communities, p. 419.-The husband's

power of life and death among peoples of a higher type, ibid.—Uxoricide

punished less severely than mariticide, p. 419 sq.-The estimate of a woman's

life sometimes lower than that of a man's, sometimes equal to it, sometimes

higher, p. 420 sq.—The master's power of life and death over his slave, p.

421 sq.-The right, among many savages, of killing his slave at his own dis-

cretion expressly denied to the master, p. 422 sq.-The murder of another

person's slave largely regarded as an offence against the property of the

owner, but not exclusively looked upon in this light, p. 423.-When the sys-

tem of blood-money prevails, the price paid for the life of a slave less than

that paid for the life of a freeman, ibid. —Among the nations of archaic cul-

ture, also, the life of a slave held in less estimation than that of a freeman,

but not even the master in all circumstances allowed to put his slave to death,

pp. 423–426.—Efforts of the Christian Church to secure the life of the slave

against the violence of the master, p. 426.—But neither the ecclesiastical nor

the secular legislation gave him the same protection as was bestowed upon the

free member of the Church and State, pp. 426-428.-In modern times, in

Christian countries, the life of the negro slave was only inadequately protected

by law, p. 428 sq.-Why the life of a slave is held in so little regard, p. 429.

-The killing of a freeman by a slave, especially if the victim be his owner,

commonly punished more severely than if the same act were done by a free

person, p. 429 sq.-In the estimate of life a distinction also made between

different classes of freemen, p. 430 sq.-The magnitude of the crime may

depend not only on the rank of the victim, but on the rank of the manslayer

as well, pp. 431-433.-Explanation of this influence of class, p. 433-

In progressive societies each member of the society at last admitted to be
born with an equal claim to the right to live, ibid.

CHAPTER XIX

HUMAN SACRIFICE

The prevalence of human sacrifice, pp. 434-436.-This practice much more

frequently found among barbarians and semi-civilised peoples than among

genuine savages, p. 436 sq.-Among some peoples it has been noticed to

become increasingly prevalent in the course of time, p. 437.-Human sacri-

fice partly due to the idea that gods have an appetite for human flesh or

blood, p. 437 sq.-Sometimes connected with the idea that gods require

attendants, p. 438.-Moreover, an angry god may be appeased simply by the

death of him or those who aroused his anger, or of some representative of the

offending community, or of somebody belonging to the kin of the offender,

pp. 438-440.-Human sacrifice chiefly a method of life-insurance, based on

the idea of substitution, p. 440.-Human victims offered in war, before

a battle, or during a siege, p. 440 sq.-For the purpose of stopping or pre-

venting epidemics, p. 441 sq.-For the purpose of putting an end to a

devastating famine, p. 442 sq.-For the purpose of preventing famine, p.

443 sq.-Criticism of Dr. Frazer's hypothesis that the human victim who is

killed for the purpose of ensuring good crops is regarded as a representative of

the corn-spirit and is slain as such, pp. 444-451.-Human victims offered

with a view to getting water, p. 451 sq.-With a view to averting perils

arising from the sea or from rivers, pp. 452-454.-For the purpose of pre-

venting the death of some particular individual, especially a chief or a king,

from sickness, old age, or other circumstances, pp. 454-457-For the pur-

pose of helping other men into existence, p. 457 sq.-The killing of the first-

born child, or the first-born son, p. 458 sq.-Explanation of this practice, pp.

459-461.-Human sacrifices offered in connection with the foundation of

buildings, p. 461 sq.-The building-sacrifice, like other kinds of human sacri-

fice, probably based on the idea of substitution, pp. 462-464.-The belief that

the soul of the victim is converted into a protecting demon, p. 464 sq.-The

human victim regarded as a messenger, p. 465 sq.-Human sacrifice not an

act of wanton cruelty, p. 466.-The king or chief sometimes sacrificed, ibid.

-The victims frequently prisoners of war or other aliens, or slaves, or

criminals, pp. 466-468.-The disappearance of human sacrifice, p. 468.—

Human sacrifice condemned, p. 468 sq.-Practices intended to replace it,

p. 469.-Human effigies or animals offered instead of men, p. 469 sq.--

Human sacrifices succeeded by practices involving the effusion of human

blood without loss of life, p. 470.-Bleeding or mutilation practised for

the same purpose as human sacrifice, p. 470 sq.-Why the penal sacrifice of

offenders has outlived all other forms of human sacrifice, p. 471.-Human

beings sacrificed to the dead in order to serve them as slaves, wives, or com-

panions, pp. 472-474.--This custom dwindling into a survival, p. 475.-The

funeral sacrifice of men and animals also seems to involve an intention

to vivify the spirits of the deceased with blood, p. 475 sq.-Manslayers killed

in order to satisfy their victims' craving for revenge, p. 476.

CHAPTER XX

BLOOD-REVENGE AND COMPENSATION-THE PUNISHMENT OF DEATH

The prevalence of the custom of blood-revenge, pp. 477-479.-Blood-revenge

regarded not only as a right, but as a duty, p. 479 sq.-This duty in the first

place regarded as a duty to the dead, whose spirit is believed to find no rest

after death until the injury has been avenged, p. 481 sq.-Blood-revenge a

form of human sacrifice, p. 482.-Blood-revenge also practised on account of

the injury inflicted on the survivors, p. 482 sq.-Murder committed within

the family or kin left unavenged, p. 483.-The injury inflicted on the relatives

of the murdered man suggests not only revenge, but reparation, ibid.—The

taking of life for life may itself, in a way, serve as compensation, p. 483 sq.-

Various methods of compensation, p. 484.-The advantages of the practice

of composition, p. 484 sq.-Its disadvantages, p. 485.-The importance of

these disadvantages depends on the circumstances in each special case,

p. 486 sq.-Among many peoples the rule of revenge strictly followed, and to

accept compensation considered disgraceful, p. 487.-The acceptance of com-

pensation does not always mean that the family of the slain altogether re-

nounce their right of revenge, p. 487 sq.-The acceptance of compensation

allowed as a justifiable alternative for blood-revenge, or even regarded as the

proper method of settling the case, p. 488 sq.-The system of compensation

partly due to the pressure of some intervening authority, p. 489 sq.-The

adoption of this method for the settling of disputes a sign of weakness, p. 491.

-When the central power of jurisdiction is firmly established, the rule of

life for life regains its sway, ibid.-A person may forfeit his right to live by

other crimes besides homicide, p. 491 sq.-Opposition to and arguments

against capital punishment, pp. 492-495.-Modern legislation has undergone

a radical change with reference to capital punishment, p. 495.-Arguments

against its abolition, p. 495 sq.—The chief motive for retaining it in modern

legislation, p. 496.

CHAPTER XXI

THE DUEL

Duelling resorted to as a means of bringing to an end hostilities between different

groups of people, p. 497 sq.-Duels fought for the purpose of settling disputes

between individuals, either by conferring on the victor the right of possessing

b

the object of the strife, or by gratifying a craving for revenge and wiping off

the affront, pp. 498–502.—The circumstances to which these customs are due,

p. 503 sq.—The duel as an ordeal or "judgment of God," p. 504 sq.—The

judicial duel fundamentally derived its efficacy as a means of ascertaining the

truth from its connection with an oath, p. 505 sq.-How it came to be re-

garded as an appeal to the justice of God, p. 506 sq.-The decline and dis-

appearance of the judicial duel, p. 507.-The modern duel of honour,

pp. 507-509.-Its causes, p. 509.-Arguments adduced in support of it,

p. 509 sq.

CHAPTER XXII

BODILY INJURIES

In the case of bodily injuries the magnitude of the offence, other things being

equal, proportionate to the harm inflicted, pp. 511-513.-The degree of the

offence also depends on the station of the parties concerned, and in some

cases the infliction of pain held allowable or even a duty, p. 513. —Children

using violence against their parents, ibid.-Parents' right to inflict corporal

punishment on their children, p. 513 sq.-The husband's right to chastise his

wife, pp. 514-516.-The master's right to inflict corporal punishment on his

slave, p. 516 sq.-The maltreatment of another person's slave regarded as an

injury done to the master, rather than to the slave, p. 517.-Slaves severely

punished for inflicting bodily injuries on freemen, p. 518.-The penalties or fines

for bodily injuries influenced by the class or rank of the parties when both of

them are freemen, p. 518 sq.-Distinction between compatriots and aliens with

reference to bodily injuries, p. 519.-The infliction of sufferings on vanquished

enemies, p. 519 sq.-The right to bodily integrity influenced by religious

differences, p. 520.-Forfeited by the commission of a crime, p. 520 sq.-

Amputation or mutilation of the offending member has particularly been in

vogue among peoples of culture, p. 521 sq.-The disappearance of corporal

punishment in Europe, p. 522.-Corporal punishment has been by preference

a punishment for poor and common people or slaves, p. 522 sq.-The status

of a person influencing his right to bodily integrity with reference to judicial

torture, p. 523 sq.—Explanation of the moral notions regarding the infliction

of bodily injuries, p. 524.-The notions that an act of bodily violence involves

a gross insult, and that corporal punishment disgraces the criminal more than

any other form of penalty, p. 524 sq.

CHAPTER XXIII

CHARITY AND GENEROSITY

The mother's duty to rear her children, p. 526.-The husband's and father's duty

to protect and support his family, pp. 526-529.-The parents' duty of taking

care of their offspring in the first place based on the sentiment of parental

affection, p. 529.-The universality not only of the maternal, but of the

paternal, sentiment in mankind, pp. 529-532.-Marital affection among

savages, p. 532.-Explanation of the simplest paternal and marital duties,

p. 533.-Children's duty of supporting their aged parents, pp. 533–538.-

The duty of assisting brothers and sisters, p. 538.-Of assisting more distant

relatives, pp. 538-540.-Uncivilised peoples as a rule described as kind

towards members of their own community or tribe, enjoin charity between

themselves as a duty, and praise generosity as a virtue, pp. 540-546.-Among

many savages the old people, in particular, have a claim to support and

assistance, p. 546.-The sick often carefully attended to, pp. 546-548.-

Accounts of uncharitable savages, p. 548 sq.-Among semi-civilised and

civilised nations charity universally regarded as a duty, and often strenuously

enjoined by their religions, pp. 549–556.—In the course of progressing civilis-

ation the obligation of assisting the needy has been extended to wider and

wider circles of men, pp. 556-558.-The duty of tending wounded enemies

in war, p. 558.—Explanation of the gradual expansion of the duty of charity,

p. 559. This duty in the first place based on the altruistic sentiment, p. 559

sq.-Egoistic motives for the doing of good to fellow-creatures, p. 560.-By

niggardliness a person may expose himself to supernatural dangers, pp. 560-

562.—Liberality may entail supernatural reward, p. 562 sq.—The curses and

blessings of the poor partly account for the fact that charity has come to be

regarded as a religious duty, pp. 563-565.-The chief cause of the extraor-

dinary stress which the higher religions put on the duty of charity seems to

lie in the connection between almsgiving and sacrifice, the poor becoming the

natural heirs of the god, p. 565.-Instances of sacrificial food being left for,

or distributed among, the poor, p. 565 sq.-Almsgiving itself regarded as a

form of sacrifice, or taking the place of it, pp. 566-569.

CHAPTER XXIV

HOSPITALITY

Instances of great kindness displayed by savages towards persons of a foreign race,

pp. 570-572.-Hospitality a universal custom among the lower races and

among the peoples of culture at the earlier stages of their civilisation,

pp. 572-574.-The stranger treated with special marks of honour, and enjoy-

ing extraordinary privileges as a guest, pp. 574-576.-Custom may require

that hospitality should be shown even to an enemy, p. 576 sq.-To protect a

guest looked upon as a most stringent duty, p. 577 sq.-Hospitality in

a remarkable degree associated with religion, pp. 578-580.-The rules

of hospitality in the main based on egoistic considerations, p. 581.-The

stranger supposed to bring with him good luck or blessings, pp. 581-583.-

The blessings of a stranger considered exceptionally powerful, p. 583 sq.--

The visiting stranger regarded as a potential source of evil, p. 584.-His evil

wishes and curses greatly feared, owing partly to his quasi-supernatural

character, partly to the close contact in which he comes with the host and his

belongings, pp. 584-590.-Precautions taken against the visiting stranger,

pp. 590-593.-Why no payment is received from a guest, p. 593 sq.-The

duty of hospitality limited by time, p. 594 sq.-The cause of this, p. 595 sq.-

The decline of hospitality in progressive communities, p. 596.

CHAPTER XXV

THE SUBJECTION OF CHILDREN

The right of personal freedom never absolute, p. 597.—Among some savages
a man's children are in the power of the head of their mother's family
or of their maternal uncle, p. 597 sq.-Among the great bulk of existing
savages children are in the power of their father, though he may to some
extent have to share his authority with the mother, p. 598 sq.-The extent of
the father's power subject to great variations, p. 599.-Among some savages
the father's authority practically very slight, p. 599 sq.-Other savages by no
means deficient in filial piety, p. 600 sq.-The period during which the
paternal authority lasts, p. 601 sq.-Old age commands respect and gives
authority, pp. 603-605.-Superiority of age also gives a certain amount

of power, p. 605 sq.-The reverence for old age may cease when the grey-

head becomes an incumbrance to those around him, and imbecility may put

an end to the father's authority over his family, p. 606 sq.-Paternal, or

parental, authority and filial reverence at their height among peoples of

archaic culture, pp. 607-613-Among these peoples we also meet with

reverence for the elder brother, for persons of a superior age generally, and

especially for the aged, p. 614 sq.--Decline of the paternal authority in Europe,

p. 615 sq.-Christianity not unfavourable to the emancipation of children,

though obedience to parents was enjoined as a Christian duty, p. 616 sq.—

The Roman notions of paternal rights and filial duties have to some extent

survived in Latin countries, p. 617 sq.-Sources of the parental authority,

p. 618 sq.-Among savages, in particular, filial regard is largely regard for one's

elders or the aged, p. 619.-Causes of the regard for old age, pp. 619–621.-

The chief cause of the connection between filial submissiveness and religious

beliefs the extreme importance attached to parental curses and blessings,

pp. 621-626.—Why the blessings and curses of parents are supposed to possess

an unusual power, p. 626 sq.-Explanation of the extraordinary development

of the paternal authority in the archaic State, p. 627 sq.—Causes of the

downfall of the paternal power, p. 628.

Among the lower races the wife frequently said to be the property or slave of her

husband, p. 629 sq.-Yet even in such cases custom has not left her entirely

destitute of rights, p. 630 sq.-The so-called absolute authority of husbands

over their wives not to be taken too literally, p. 631 sq.-The bride-price

does not eo ipso confer on the husband absolute rights over her, p. 632 sq.-

The hardest drudgeries of life often said to be imposed on the women,

p. 633 sq.-In early society each sex has its own pursuits, p. 634.-The rules

according to which the various occupations of life are divided between the

sexes are on the whole in conformity with the indications given by nature,

p. 635 sq.-This division of labour emphasised by custom and superstition,

p. 636 sq.-It is apt to mislead the travelling stranger, p. 637.-It gives the

wife authority within the circle which is exclusively her own, ibid.-Rejection

of the broad statement that the lower races in general hold their women in a

state of almost complete subjection, pp. 638-646.-The opinion that a

people's civilisation may be measured by the position held by the women not

correct, at least so far as the earlier stages of culture are concerned, p. 646 sq.

-The position of woman among the peoples of archaic civilisation,

pp. 647-653.-Christianity tended to narrow the remarkable liberty granted to

married women under the Roman Empire, p. 653 sq.-Christian orthodoxy

opposed to the doctrine that marriage should be a contract on the footing of

perfect equality between husband and wife, p. 654 sq.-Criticism of the

hypothesis that the social status of women is connected with the system of

tracing descent, p. 655 sq.-The authority of a husband who lives with his

wife in the house or community of her father, p. 656 sq.-Wives' subjection

to their husbands in the first place due to the men's instinctive desire to exert

power, and to the natural inferiority of women in such qualities of body and

mind as are essential for personal independence, p. 657.-Elements in the

sexual impulse which lead to domination on the part of the man

and to submission on the part of the woman, p. 657 sq.--But if the

man's domination is carried beyond the limits of female love, the woman

feels it as a burden, p. 658 sq.-In extreme cases of oppression, at any

rate, the community at large would sympathise with her, and the public

resentment against the oppressor would result in customs or laws limiting the