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Why in early moral codes the so-called negative commandments are much more

prominent than the positive commandments, p. 303.-The little cognisance

which the criminal laws of civilised nations take of forbearances and omis-

sions, p. 303 sq.-The more scrutinising the moral consciousness, the greater

the importance which it attaches to positive commandments, p. 304 sq.-Yet

the customs of all nations contain not only prohibitions, but positive injunc-

tions as well, p. 305.-The unreflecting mind apt to exaggerate the guilt of

a person who out of heedlessness or rashness causes harm by a positive act,

ibid.-Early custom and law may be anxious enough to trace an event to

its source, pp. 305-507.-But they easily fail to discover where there is guilt

or not, and, in case of carelessness, to determine the magnitude of the

offender's guilt, p. 307 sq.-The opinion that a person is answerable for all

the damage which directly ensues from an act of his, even though no foresight

could have reasonably been expected to look out for it, p. 308 sq.-On the

other hand, little or no censure passed on him whose want of foresight or

want of self-restraint is productive of suffering, if only the effect is sufficiently

remote, p. 309 sq.-The moral emotions may as naturally give rise to judg-

ments on human character as to judgments on human conduct, p. 310.-Even

when a moral judgment immediately refers to a distinct act, it takes notice of

the agent's will as a whole, p. 310 sq.-The practice of punishing a second or

third offence more severely than the first, p. 311 sq.-The more a moral

judgment is influenced by reflection, the more it scrutinises the character

which manifests itself in that individual piece of conduct by which the judg-

ment is occasioned, p. 312 sq.-But however superficial it be, it always refers

to a will conceived of as a continuous entity, p. 313.

Necessity of restricting the investigation to the more important modes of conduct

with which the moral consciousness is concerned, p. 327 sq.-The six groups

into which these modes of conduct may be divided, p. 328.-The most

sacred duty which we owe to our fellow-creatures generally considered to be

regard for their lives, ibid. —Among various uncivilised peoples human life

said to be held very cheap, p. 328 sq.-Among others homicide or murder

said to be hardly known, p. 329 sq.- In other instances homicide expressly

said to be regarded as wrong, p. 330 sq.-In every society custom prohibits

homicide within a certain circle of men, p. 331.-Savages distinguish between

an act of homicide committed within their own community and one where the

victim is a stranger, pp. 331-333.-In various instances, however, the rule,

"Thou shalt not kill," applies even to foreigners, p. 333 sq.-Some uncivil-

ised peoples said to have no wars, p. 334.-Savages' recognition of intertribal

rights in times of peace obvious from certain customs connected with their

wars, p. 334 sq.-Savage custom does not always allow indiscriminate

slaughter even in warfare, p. 335 sq.-The readiness with which savages

engage in war, p. 337.--The old distinction between injuries committed

against compatriots and harm done to foreigners remains among peoples more

advanced in culture, p. 337 sq.-The readiness with which such peoples wage

war on foreign nations, and the estimation in which the successful warrior is

held, pp. 338-340.—The life of a guest sacred, p. 340.—The commencement

of international hostilities preceded by special ceremonies, ibid.--Warfare in

some cases condemned, or a distinction made between just and unjust war, pp.

340-342.-Even in war the killing of an enemy under certain circumstances

prohibited, either by custom or by enlightened moral opinion, pp. 342-344.

Homicide of any kind condemned by the early Christians, p. 345.-Their total

condemnation of warfare, p. 345 sq.-This attitude towards war was soon

given up, pp. 346-348.--The feeling that a soldier scarcely could make a good

Christian, p. 348.-Penance prescribed for those who had shed blood in war, p.

348 sq.-Wars forbidden by popes, p. 349.--The military Christianity of the

Crusades, pp. 348-352.-Chivalry, pp. 352-354.-The intimate connection
between chivalry and religion displayed in tournaments, p. 354 sq.-The prac-
tice of private war, p. 355 sq.-The attitude of the Church towards private war,
p. 356.--The Truce of God, p. 357.-The main cause of the abolition of
private war was the increase of the authority of emperors or kings, p. 357 sq.
-War looked upon as a judgment of God, p. 358.—The attitude adopted by

the great Christian congregations towards war one of sympathetic approval,

pp. 359-362.—Religious protests against war, pp. 362–365.—Freethinkers'

opposition to war, pp. 365-367.-The idea of a perpetual peace, p. 367.-

The awakening spirit of nationalism, and the glorification of war, p. 367 sq.

-Arguments against arbitration, p. 368.-The opposition against war rapidly

increasing, p. 368 sq.-The prohibition of needless destruction in war, p.

369 sq.-The survival, in modern civilisation, of the old feeling that the life

of a foreigner is not equally sacred with that of a countryman, p. 370.-The

behaviour of European colonists towards coloured races, p. 370 sq.

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THE KILLING OF PARENTS, SICK PERSONS, CHILDREN-FETICIDE

Parricide the most aggravated form of murder, pp. 383-386.—The custom of aban-

doning or killing parents who are worn out with age or disease, p. 386 sq.-Its

causes, pp. 387-390.-The custom of abandoning or killing persons suffering

from some illness, p. 391 sq.-Its causes, p. 392 sq.-The father's power of

life and death over his children, p. 393 sq. - Infanticide among many savage

races permitted or even enjoined by custom, pp. 394-398.-The causes of infan-

ticide, and how it has grown into a regular custom, pp. 398-402. —Among

many savages infanticide said to be unheard of or almost so, p. 402 sq.-

The custom of infanticide not a survival of earliest savagery, but seems to

have grown up under specific conditions in later stages of development,

P. 403.-Savages who disapprove of infanticide, p. 403 sq.-The custom of

infanticide in most cases requires that the child should be killed immediately

or soon after its birth, p. 404 sq.-Infanticide among semi-civilised or civilised

races, pp. 425-411-The practice of exposing new-born infants vehemently
denounced by the early Fathers of the Church, p. 411.-Christian horror of
infanticide, p. 411 sq.-The punishment of infanticide in Christian countries,
p. 412 sq.-Feticide among savages, p. 413 sq.-Among more civilised
nations, p. 414 sq.-According to Christian views, a form of murder, p. 415 sq.
-Distinctions between an embryo informatus and an embryo formatus, p.

416 sq.-Modern legislation and opinion concerning feticide, p. 417.

The husband's power of life and death over his wife among many of the lower
races, p. 418 sq.-The right of punishing his wife capitally not universally

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 matricide, 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.

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 of

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

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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,

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