THE ORIGIN AND DEVELOPMENT

OF THE MORAL IDEAS

VOL. II

MACMILLAN AND CO., LIMITED
LONDON BOMBAY. CALCUTTA
MELBOURNE

THE MACMILLAN COMPANY
NEW YORK. BOSTON. CHICAGO

ATLANTA. SAN FRANCISCO

THE MACMILLAN CO. OF CANADA, LTD.

TORONTO

EDWARD WESTERMARCK, PH.D.

MARTIN WHITE PROFESSOR OF SOCIOLOGY IN THE UNIVERSITY OF LONDON
PROFESSOR OF MORAL PHILOSOPHY AT THE UNIVERSITY OF FINLAND, HELSINGFORS
AUTHOR OF "THE HISTORY OF HUMAN Marriage"

IN TWO VOLUMES

VOL. II

MACMILLAN AND CO., LIMITED

ST. MARTIN'S STREET, LONDON

Sal

CONTENTS

CHAPTER XXVIII

THE RIGHT OF PROPERTY

The meaning of the term property," p. 1.-Savages accused of thievishness,

p. 2.-Theft condemned by savages, pp. 2-13.-The condemnation of theft

influenced by the value of the goods stolen, pp. 13-15.-The stealing of

objects of a certain kind punished with particular severity, p. 14.-The

appropriation of a small quantity of food not punished at all, p. 14 sq.-

Exceptions to the rule that the punishment of theft is influenced by the worth

or nature of the appropriated property, p. 15.-The degree of criminality

attached to theft influenced by the place where it is committed, p. 15 sq.—Á

theft committed by night punished more heavily than one committed by day,

p. 16-Distinction made between ordinary theft and robbery, p. 16 sq.

Distinction made between manifest and non-manifest theft, p. 17.-Successful

thieves not disapproved of but rather admired, pp. 17-19.-The moral valua-

tion of theft influenced by the social position of the thief and of the person

robbed, p. 19 sq.-Varies according as the victim is a tribesman or fellow-

countryman or a stranger, pp. 20-25.-The treatment of shipwrecked people

in Europe, p. 25.-The destruction of property held legitimate in warfare,

p. 25 sq.-The seizure of private property in war, p. 26 sq.-Military contri-

butions and requisitions levied upon the inhabitants of the hostile territory,

p. 27.-Proprietary incapacities of children, p. 27 sq.-Of women, pp. 28–31.

-Of slaves, pp. 31-33.-The theory that nobody but the chief or king has

proprietary rights, p. 33.

CHAPTER XXIX

THE RIGHT OF PROPERTY (concluded)

Acquisition of property by occupation, pp. 35-39.-By keeping possession of a

thing, pp. 39-41.-By labour, pp. 41-43.-By a transfer of property by its

owner, p. 43.-By inheritance, pp. 44-49.-By the fact that ownership in a

thing directly follows from ownership in another thing, p. 49 sq.-By the

custom which prescribes community of goods, p. 50.-The origin of proprietary

rights and of the various modes of acquisition, pp. 51-57.-Explanation of the

incapacity of children, wives, and slaves to acquire property, p. 57.-Why

the moral judgments vary with regard to different acts of theft, pp. 57-59.-

Theft supposed to be avenged by supernatural powers, pp. 59-69.-The

removing of landmarks regarded as sacrilegious, p. 60 sq.—Cursing as a method

of punishing thieves or compelling them to restore what they have stolen,

p. 62 sq.-Cursing as a means of preventing theft, pp. 63-67.—Spirits or gods

invoked in curses referring to theft, p. 66 sq.-Why gods take notice of

offences against property, pp. 67-69.-The belief that thieves will be punished

after death, p. 69.-The opposition against the established principles of

ownership, pp. 69-71.