Primitive Manners And Customs

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167.
SAVAGE PENAL LAWS. 167 the nature of his offence. But one punishment was especially remarkable, as showing how the right of punishment originally belonging to the family may survive in form long after it has in reality passed to a wider political union. This was the punishment of binding a criminal hand and foot and carrying him suspended from a prickly pole run through between his hands and feet, to the family of the village against which he had transgressed, and there depositing him befo
...re them, as if to signify that he lay at their mercy. 1 And in the villages of Afghanistan, where an assembly of the elders act as the judges of the people, a show is always made of delivering up the criminal to the accuser and of giving the latter the chance of retaliating, though it is perfectly under- stood that he must comply with the wishes of the assembly. This instance, therefore, illustrates the two distinct methods of legal punishment in process of actual transition from one to the other.

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