Out of the punishing darkness of savagery and tribal warfare is the speculation that a godlike charismatic figure with a sense of subtle punishment emerged to the awe of the tribe. One who stole meat longer lost a hand, but perhaps was scaffolded for a time without nourishment or gorged till he puked; the woman who committed adultery was quaintly tortured until she revealed the co-perpetrator who was then by the husband humiliatingly switched on the bareback and penis. The wife, if impregnated, was placed under cave arrest until the infant was born at which time the co-perpetrator was obliged to care for the infant and solicit a wet-nurse who received half of his hunting spoils. Stoning to death was forbidden unless the subject was a murderer. Stoning of the bared buttocks was permissible for offenses, such as failing to provide for the family, abusing a wife or children, slacking during a tribal hunt, or cowardice during tribal war.
Thus was born a sense of primitive justice that carved out punishment to fit the degree of crime. Later came the quality of mercy, which explored the potential for doubt and reasonable understanding of intent and motive:
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Was the pilferer hungry because he was too sick or old to hunt for his own nourishment?
Did the perpetrator really fail to provide or was the family excessively demanding and gluttonous?
Did the adulteress actually fall into illicit love under the duress of a forced marriage?
Was the adulterer a sincere romantic or just indiscreetly horny?
Were there extenuating circumstances in the murder? Could it perhaps be partially justified in a fit of anger for what the victim said or did to the perpetrator or his loved ones?
Was it possible that the cowardly warrior was in truth tormented by justifiable fear or hated taking a life?
Was it probable that the slacker during the hunt was actually ill?
Is a lone witness to a crime reliable or capable of holding a grudge?
Is it justifiable to wrest the law into the hands of tribal members without first hearing from the culprit and awaiting the decision of the leader?
When should forgiveness preempt mercy? |
In summation it appears that it took “girlie-men” to bring forth sublimated justice to civilization. California’s governor coined the expression as a negative jest, and it should not be taken ballistically. However, there is a ring of truth to the label in that mankind did indeed get in touch with its feminine side owing to the upbringing of very wise, caring and forgiving motherhood.
Copyright © 2004 Richard R. Kennedy All rights reserved. Revised: July, 22, 2004.