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 compensation does not always mean that the family of the slain altogether renounce 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 {xviii} 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 regarded as an appeal to the justice of God, p. 506 _sq._--The decline and disappearance 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._