The Atlantic Monthly, Volume 07, No. 39, January, 1861 by Various
page 163 of 295 (55%)
page 163 of 295 (55%)
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confinement which amounted to illegal imprisonment, but that "we must
incontestably, and, indeed, principally, regard as such the cruel withholding from him of the most ordinary gifts which Nature with a liberal hand extends even to the most indigent,--the depriving him of all the means of mental development and culture,--the unnatural detention of a human soul in a state of irrational animality." "An attempt," he says, "by artificial contrivances, to seclude a man from Nature and from all intercourse with rational beings, to change the course of his human destiny, and to withdraw from him all the nourishment afforded by those spiritual substances which Nature has appointed for food to the human mind, that it may grow and flourish, and be instructed and developed and formed,--such an attempt must, even quite independently of its actual consequences, be considered as, in itself, a highly criminal invasion of man's most sacred and most peculiar property,--of the freedom and the destiny of his soul. ...Inasmuch as the whole earlier part of his life was thus taken from him, he may be said to have been the subject of a partial soul-murder." This crime, if recognized, would, according to Feuerbach, far outweigh the mere crime of illegal imprisonment, and the latter would be merged in it. Tittmann, in his "Hand-Book of Penal Law," also speaks of crimes against the intellect, and particularly mentions the separation of a person from all human society, if practised upon a child before it has learned to speak and until the intellect Las become sealed up, as well as the intentional rearing of a person to ignorance, as reducible to this head. This was written before Caspar's case had occurred. He says, also, that they are similar to cases of homicide; because the latter are punished for destroying the rational being, and not the physical man. Murder and the destruction of the intellect are, therefore, equally punishable. The |
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