Changes

==70:10. EVOLUTION OF JUSTICE==

==70:10. EVOLUTION OF JUSTICE==

70:10.1 [[Natural justice][ is a man-made [[theory]]; it is not a [[reality]]. In [[nature]], [[justice]] is purely [[theoretic]], wholly a [[fiction]]. [[Nature]] provides but one kind of [[justice]]—[[inevitable]] [[conformity]] of results to [[causes]].

70:10.1 [[Natural justice]] is a man-made [[theory]]; it is not a [[reality]]. In [[nature]], [[justice]] is purely [[theoretic]], wholly a [[fiction]]. [[Nature]] provides but one kind of [[justice]]—[[inevitable]] [[conformity]] of results to [[causes]].

70:10.2 [[Justice]], as conceived by man, means getting one's [[rights]] and has, therefore, been a matter of [[progressive]] [[evolution]]. The [[concept]] of [[justice]] may well be constitutive in a [[spirit]]-[[endowed]] [[mind]], but it does not spring full-fledgedly into [[existence]] on the [[worlds of space]].

70:10.2 [[Justice]], as conceived by man, means getting one's [[rights]] and has, therefore, been a matter of [[progressive]] [[evolution]]. The [[concept]] of [[justice]] may well be constitutive in a [[spirit]]-[[endowed]] [[mind]], but it does not spring full-fledgedly into [[existence]] on the [[worlds of space]].

70:10.4 In the earliest [[primitive]] [[society]] [[public]] [[opinion]] operated directly; officers of [[law]] were not needed. There was no [[privacy]] in [[primitive]] life. A man's [[neighbors]] were [[responsible]] for his [[conduct]]; therefore their [[right]] to pry into his [[personal]] affairs. [[Society]] was regulated on the [[theory]] that the [[group]] membership should have an interest in, and some [[degree]] of [[control]] over, the [[behavior]] of each [[individual]].

70:10.4 In the earliest [[primitive]] [[society]] [[public]] [[opinion]] operated directly; officers of [[law]] were not needed. There was no [[privacy]] in [[primitive]] life. A man's [[neighbors]] were [[responsible]] for his [[conduct]]; therefore their [[right]] to pry into his [[personal]] affairs. [[Society]] was regulated on the [[theory]] that the [[group]] membership should have an interest in, and some [[degree]] of [[control]] over, the [[behavior]] of each [[individual]].

70:10.5 It was very early believed that [[ghosts]] [[administered]] [[justice]] through the [[medicine men]] and [[priests]]; this [[constituted]] these [[orders]] the first [[crime]] detectors and officers of the [[law]]. Their early [[methods]] of detecting [[crime]] consisted in conducting ordeals of [[poison]], [[fire]], and [[pain]]. These savage [[ordeals]] were nothing more than crude [[techniques]] of [[arbitration]]; they did not [[necessarily]] settle a [[dispute]] justly. For example: When [[poison]] was administered, if the accused vomited, he was innocent.

70:10.5 It was very early believed that [[ghosts]] [[administered]] [[justice]] through the [[medicine men]] and [[priests]]; this [[constituted]] these [[orders]] the first [[crime]] detectors and officers of the [[law]]. Their early [[methods]] of detecting [[crime]] consisted in conducting ordeals of [[poison]], [[fire]], and [[pain]]. These savage [[ordeals]] were nothing more than crude [[techniques]] of [http://www.merriam-webster.com/dictionary/arbitration arbitration]; they did not [[necessarily]] settle a [[dispute]] justly. For example: When [[poison]] was administered, if the accused vomited, he was innocent.

70:10.6 The [[Old Testament]] [[records]] one of these ordeals, a [[marital]] [[guilt]] test: If a man suspected his [[wife]] of being untrue to him, he took her to the [[priest]] and stated his [[suspicions]], after which the [[priest]] would prepare a concoction consisting of [[holy]] [[water]] and sweepings from the [[temple]] floor. After due [[ceremony]], including threatening [[curses]], the accused [[wife]] was made to drink the nasty potion. If she was [[guilty]], "the [[water]] that causes the curse shall enter into her and become bitter, and her belly shall swell, and her thighs shall rot, and the woman shall be accursed among her people."[http://nordan.daynal.org/wiki/index.php?title=Book_of_Numbers#Chapter_.5] If, by any [[chance]], any [[woman]] could quaff this filthy draught and not show [[symptoms]] of [[physical]] illness, she was acquitted of the charges made by her [[jealous]] [[husband]].

70:10.6 The [[Old Testament]] [[records]] one of these ordeals, a [[marital]] [[guilt]] test: If a man suspected his [[wife]] of being untrue to him, he took her to the [[priest]] and stated his [[suspicions]], after which the [[priest]] would prepare a concoction consisting of [[holy]] [[water]] and sweepings from the [[temple]] floor. After due [[ceremony]], including threatening [[curses]], the accused [[wife]] was made to drink the nasty potion. If she was [[guilty]], "the [[water]] that causes the curse shall enter into her and become bitter, and her belly shall swell, and her thighs shall rot, and the woman shall be accursed among her people."[http://nordan.daynal.org/wiki/index.php?title=Book_of_Numbers#Chapter_.5] If, by any [[chance]], any [[woman]] could quaff this filthy draught and not show [[symptoms]] of [[physical]] illness, she was acquitted of the charges made by her [[jealous]] [[husband]].

70:10.7 These atrocious [[methods]] of [[crime]] detection were [[practiced]] by almost all the evolving [[tribes]] at one time or another. [http://www.wikipedia.org/wiki/Dueling Dueling] is a [[modern]] [[survival]] of the [[trial]] by [[ordeal]].

70:10.7 These atrocious [[methods]] of [[crime]] detection were [[practiced]] by almost all the evolving [[tribes]] at one time or another. [http://www.wikipedia.org/wiki/Dueling Dueling] is a [[modern]] [[survival]] of the [[trial]] by [[ordeal]].

70:10.8 It is not to be [[wondered]] that the [[Hebrews]] and other semicivilized [[tribes]] [[practiced]] such [[primitive]] [[techniques]] of [[justice]] [[administration]] three thousand years ago, but it is most amazing that [[thinking]] men would subsequently retain such a [[relic]] of [[barbarism]] within the pages of a [[collection]] of [[sacred]] [[writings]]. [[Reflective]] [[thinking]] should make it clear that no [[divine]] [[being]] ever gave [[mortal]] man such unfair [[instructions]] regarding the detection and [[adjudication]] of suspected marital unfaithfulness.

70:10.8 It is not to be [[wondered]] that the [[Hebrews]] and other semicivilized [[tribes]] [[practiced]] such [[primitive]] [[techniques]] of [[justice]] [[administration]] three thousand years ago, but it is most amazing that [[thinking]] men would subsequently retain such a [[relic]] of [[barbarism]] within the pages of a [[collection]] of [[sacred]] [[writings]]. [[Reflective]] [[thinking]] should make it clear that no [[divine]] [[being]] ever gave [[mortal]] man such unfair instructions regarding the detection and [[adjudication]] of suspected marital unfaithfulness.

70:10.9 [[Society]] early [[adopted]] the paying-back [[attitude]] of [[retaliation]]: an [http://nordan.daynal.org/wiki/index.php?title=Book_of_Exodus#Chapter_.21 eye for an eye, a life for a life]. The evolving [[tribes]] all recognized this right of [http://nordan.daynal.org/wiki/index.php?title=Book_of_Deutoronomy#Chapter_.19 blood vengeance]. [[Vengeance]] became the aim of [[primitive]] life, but [[religion]] has since greatly [[modified]] these early [[tribal]] [[practices]]. The [[teachers]] of [[revealed]] [[religion]] have always proclaimed, " 'Vengeance is mine,' says the Lord. "[http://nordan.daynal.org/wiki/index.php?title=Book_of_Deutoronomy#Chapter_.32] [[Vengeance]] killing in early times was not altogether unlike present-day murders under the pretense of the unwritten [[law]].

70:10.9 [[Society]] early [[adopted]] the paying-back [[attitude]] of [http://www.merriam-webster.com/dictionary/ retaliation]: an [http://nordan.daynal.org/wiki/index.php?title=Book_of_Exodus#Chapter_.21 eye for an eye, a life for a life]. The evolving [[tribes]] all recognized this right of [http://nordan.daynal.org/wiki/index.php?title=Book_of_Deutoronomy#Chapter_.19 blood vengeance]. [http://www.merriam-webster.com/dictionary/Vengeance Vengeance] became the aim of [[primitive]] life, but [[religion]] has since greatly [[modified]] these early [[tribal]] [[practices]]. The [[teachers]] of [[revealed]] [[religion]] have always proclaimed, " 'Vengeance is mine,' says the Lord. "[http://nordan.daynal.org/wiki/index.php?title=Book_of_Deutoronomy#Chapter_.32] [http://www.merriam-webster.com/dictionary/Vengeance Vengeance] killing in early times was not altogether unlike present-day murders under the pretense of the unwritten [[law]].

70:10.10 [[Suicide]] was a common mode of [[retaliation]]. If one were unable to avenge himself in life, he died entertaining the [[belief]] that, as a [[ghost]], he could return and visit [[wrath]] upon his [[enemy]]. And since this [[belief]] was very general, the threat of [[suicide]] on an enemy's doorstep was usually [[sufficient]] to bring him to terms. [[Primitive]] man did not hold life very dear; [[suicide]] over trifles was common, but the [[teachings]] of the [[Dalamatians]] greatly lessened this [[custom]], while in more recent times [[leisure]], comforts, [[religion]], and [[philosophy]] have united to make life sweeter and more [[desirable]]. [[Hunger]] strikes are, however, a [[modern]] analogue of this old-time [[method]] of [[retaliation]].

70:10.10 [[Suicide]] was a common mode of [http://www.merriam-webster.com/dictionary/Retaliation retaliation]. If one were unable to avenge himself in life, he died entertaining the [[belief]] that, as a [[ghost]], he could return and visit [[wrath]] upon his enemy. And since this [[belief]] was very general, the threat of [[suicide]] on an enemy's doorstep was usually sufficient to bring him to terms. [[Primitive]] man did not hold life very dear; [[suicide]] over trifles was common, but the [[teachings]] of the [[Dalamatians]] greatly lessened this [[custom]], while in more recent times [[leisure]], comforts, [[religion]], and [[philosophy]] have united to make life sweeter and more [[desirable]]. [[Hunger]] strikes are, however, a [[modern]] analogue of this old-time [[method]] of [http://www.merriam-webster.com/dictionary/Retaliation retaliation].

70:10.11 One of the earliest [[formulations]] of advanced [[tribal]] [[law]] had to do with the taking over of the blood [[feud]] as a [[tribal]] affair. But strange to relate, even then a man could kill his [[wife]] without [[punishment]] provided he had fully paid for her. The [http://www.wikipedia.org/wiki/Eskimos Eskimos] of today, however, still leave the [[penalty]] for a [[crime]], even for [http://en.wikipedia.org/wiki/Murder murder], to be [[decreed]] and [[administered]] by the [[family]] wronged.

70:10.11 One of the earliest [[formulations]] of advanced [[tribal]] [[law]] had to do with the taking over of the blood [[feud]] as a [[tribal]] affair. But strange to relate, even then a man could kill his [[wife]] without [[punishment]] provided he had fully paid for her. The [http://www.wikipedia.org/wiki/Eskimos Eskimos] of today, however, still leave the penalty for a [[crime]], even for [http://en.wikipedia.org/wiki/Murder murder], to be [[decreed]] and [[administered]] by the [[family]] wronged.

70:10.12 Another advance was the imposition of [[fines]] for [[taboo]] [[violations]], the provision of [[penalties]]. These fines [[constituted]] the first [[public]] [[revenue]]. The [[practice]] of paying "[http://en.wikipedia.org/wiki/Blood_money_%28term%29 blood money]" also came into [[vogue]] as a substitute for blood [[vengeance]]. Such damages were usually paid in [[women]] or cattle; it was a long time before [[actual]] [[fines]], [[monetary]] [[compensation]], were assessed as [[punishment]] for [[crime]]. And since the [[idea]] of [[punishment]] was essentially [[compensation]], everything, including [[human]] life, eventually came to have a price which could be paid as damages. The [[Hebrews]] were the first to abolish the [[practice]] of paying [http://en.wikipedia.org/wiki/Blood_money_%28term%29 blood money].[http://en.wikipedia.org/wiki/Moses Moses] taught that they should "take no [[satisfaction]] for the life of a murderer, who is [[guilty]] of [[death]]; he shall surely be put to death."[http://nordan.daynal.org/wiki/index.php?title=Book_of_Numbers#Chapter_.35]

70:10.12 Another advance was the imposition of fines for [[taboo]] violations, the provision of penalties. These fines [[constituted]] the first [[public]] [[revenue]]. The [[practice]] of paying "[http://en.wikipedia.org/wiki/Blood_money_%28term%29 blood money]" also came into [[vogue]] as a substitute for blood [http://www.merriam-webster.com/dictionary/Vengeance vengeance]. Such damages were usually paid in [[women]] or cattle; it was a long time before [[actual]] fines, [[monetary]] [[compensation]], were assessed as [[punishment]] for [[crime]]. And since the [[idea]] of [[punishment]] was essentially [[compensation]], everything, including [[human]] life, eventually came to have a price which could be paid as damages. The [[Hebrews]] were the first to abolish the [[practice]] of paying [http://en.wikipedia.org/wiki/Blood_money_%28term%29 blood money].[http://en.wikipedia.org/wiki/Moses Moses] taught that they should "take no [[satisfaction]] for the life of a murderer, who is [[guilty]] of [[death]]; he shall surely be put to death."[http://nordan.daynal.org/wiki/index.php?title=Book_of_Numbers#Chapter_.35]

70:10.13 [[Justice]] was thus first meted out by the [[family]], then by the [[clan]], and later on by the [[tribe]]. The [[administration]] of true [[justice]] dates from the taking of [[revenge]] from [[private]] and [[kin]] [[groups]] and lodging it in the hands of the [[social]] [[group]], the [[state]].

70:10.13 [[Justice]] was thus first meted out by the [[family]], then by the [[clan]], and later on by the [[tribe]]. The [[administration]] of true [[justice]] dates from the taking of [[revenge]] from [[private]] and [[kin]] [[groups]] and lodging it in the hands of the [[social]] [[group]], the [[state]].