In this case the word is more particularly a philosophical term. But it
was used in a similar sense also in popular language, and corresponds then
closely to the English “denier of God,” denoting a person who denies the
gods of his people and State. From the popular point of view the interest,
of course, centred in those only, not in the exponents of philosophical
theology. Thus we find the word employed both of theoretical denial of the
gods (atheism in our sense) and of practical denial of the gods, as in the
case of the adherents of monotheism, Jews and Christians.
Atheism, in the theoretical as well as the practical sense of the word,
was, according to the ancient conception of law, always a crime; but in
practice it was treated in different ways, which varied both according to
the period in question and according to the more or less dangerous nature
of the threat it offered to established religion. It is only as far as
Athens and Imperial Rome are concerned that we have any definite knowledge
of the law and the judicial procedure on this point; a somewhat detailed
account of the state of things in Athens and Rome cannot be dispensed with
here.
In the criminal law of Athens we meet with the term _asebeia_—literally:
impiety or disrespect towards the gods. As an established formula of
accusation of _asebeia_ existed, legislation must have dealt with the
subject; but how it was defined we do not know. The word itself conveys
the idea that the law particularly had offences against public worship in
view; and this is confirmed by the fact that a number of such
offences—from the felling of sacred trees to the profanation of the
Eleusinian Mysteries—were treated as _asebeia_. When, in the next place,
towards the close of the fifth century B.C., free-thinking began to assume
forms which seemed dangerous to the religion of the State, theoretical
denial of the gods was also included under _asebeia_. From about the
beginning of the Peloponnesian War to the close of the fourth century
B.C., there are on record a number of prosecutions of philosophers who
were tried and condemned for denial of the gods. The indictment seems in
most cases—the trial of Socrates is the only one of which we know
details—to have been on the charge of _asebeia_, and the procedure proper
thereto seems to have been employed, though there was no proof or
assertion of the accused having offended against public worship; as to
Socrates, we know the opposite to have been the case; he worshipped the
gods like any other good citizen. This extension of the conception of
_asebeia_ to include theoretical denial of the gods no doubt had no
foundation in law; this is amongst other things evident from the fact that
it was necessary, in order to convict Anaxagoras, to pass a special public
resolution in virtue of which his free-thinking theories became
indictable. The law presumably dated from a time when theoretical denial
of the gods lay beyond the horizon of legislation.
Public-domain text, read in full here on John Shaqi.
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