Suicide and the Law.

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SUICIDE AND THE LAW. By Lawrence Irwell.

UNTIL some centuries after the death of Christ, suicide was legal under varying circumstances among all nations of whom we have any definite knowledge. It was legal ly practiced to a greater or less extent by the Brahmans, Buddhists, Egyptians, Jews, Greeks and Romans. In very early times the Greeks were op posed to self-destruction, but at no time did they fail to excuse it under certain circum stances. At a later period the Grecian law made it legal under conditions which earlier would not have been recognized, and eventu ally — like the Romans — the Greeks estab lished. courts for the purpose of hearing the applications of those persons who were de sirous of quitting life, and of granting or re fusing permission in each case as the court thought fit. With the Romans still greater freedom ex isted. At no time did they condemn selfdestruction when what was considered rea sonable cause was shown; and even when suicide became alarmingly prevalent, the law increased but a little in severity. Insanity, serious bodily suffering or any great sorrow were considered sufficient excuse for the act, and the permission of the court to terminate life could be obtained upon proof of any cal amity having happened to the petitioner. Suicide occasionally occurred among the Jews at all times, and it does not appear to have been illegal under any circumstances. I do not find any distinct statement concern ing the immorality or illegality of it in the Old Testament, unless " Thou shalt not kill" is to be construed as having reference to self-destruction. Josephus, in recording the suicide of Eleazar and that of the whole gar rison at Masada, calls it a " miserable neces sity," but does not say anything in condem nation of it. Indeed he expresses admiration

at the greatness of the Jews' minds and the agreement of such a number of men in the contempt of death. So far as I can ascer tain, no disrespect was shown by the Jews to the body of the suicide in early times, but at about the beginning of the Christian era, the Athenian custom of burying the body after sunset seems to have been adopted. Had suicide been regarded as immoral, or had it been illegal, it would have been specifically forbidden, or openly denounced by Moses or some other lawgiver. The New Testament, like the Old, contains no condemnation of the suicidal mode of death. During the first century of the Christian period the Jews and the Romans were at war, and self-destruction was com monly practiced by both to prevent their falling into the hands of their enemies. This being so, it is incredible that, had the Apos tles seen anything immoral in the act, they would have refrained from denouncing it. The ranks of the early Christians were re cruited from the Jews, Greeks and Romans, all of whom recognized the right of any man to put an end to his life if he chose, and to this must be attributed the length of the period which elapsed before the teachers of the new doctrine could bring themselves un reservedly to condemn a practice which had become quite common. When it eventually was understood that the liberty to terminate one's life was not in harmony with the teachings of the Christian religion, the act was forbidden, and pro nounced a deadly sin; but so firmly was the custom rooted that, even after repeated de nunciation, excuses were made and loopholes were discovered for those who transgressed the new law. The Council of Aries, in 452 A. D., made a sweeping condemnation of suicide, under any circumstances, and abso