itive community the
fear of a rough handling causes "I must not" to wait upon "I dare not."
One has only to read Mr. Andrew Lang's instructive story of the fate
of "Why Why, the first Radical," to realize how amongst savages--and
is it so very different amongst ourselves?--it pays much better to
be respectable than to play the moral hero.
* * * * *
Let us pass on to examine the beginnings of punitive law. After all,
even under the sway of custom, casual outbreaks are liable to occur.
Some one's passions will prove too much for him, and there will be
an accident. What happens then in the primitive society? Let us first
consider one of the very unorganized communities at the bottom of the
evolutionary scale; as, for example, the little Negritos of the Andaman
Islands. Their justice, explains Mr. Man, in his excellent account
of these people, is administered by the simple method of allowing the
aggrieved party to take the law into his own hands. This he usually
does by flinging a burning faggot at the offender, or by discharging
an arrow at him, though more frequently near him. Meanwhile all others
who may be present are apt to beat a speedy retreat, carrying off as
much of their property as their haste will allow, and remaining hid
in the jungle until sufficient time has elapsed for the quarrel to
have blown over. Sometimes, however, friends interpose, and seek to
deprive the disputants of their weapons. Should, however, one of them
kill the other, nothing is necessarily said or done to him by the rest.
Yet conscience makes cowards of us all; so that the murderer, from
prudential motives, will not uncommonly absent himself until he judges
that the indignation of the victim's friends has sufficiently abated.
Now here we seem to find want of social structure and want of law going
together as cause and effect. The "friends" of whom we hear need to
be organized into a police force. If we now turn to totemic society,
with its elaborate clan-system, it is quite another story.
Blood-revenge ranks amongst the foremost of the clansman's social
obligations. Over the whole world it stands out by itself as the type
of all that law means for the savage. Within the clan, indeed, the
maxim of blood for blood does not hold; though there may be another
kind of punitive law put into force by the totemites against an erring
brother, as, for instance, if they slay one of their number for
disregarding the
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