No systematic collection of Greek laws has come down to us. Our
knowledge of some of the earliest notions of the subject is derived from
the Homeric poems. For the details of Attic law we have to depend on _ex
parte_ statements in the speeches of the Attic orators, and we are
sometimes enabled to check those statements by the trustworthy, but
often imperfect, aid of inscriptions. Incidental illustrations of the
laws of Athens may be found in the Laws of Plato, who deals with the
theory of the subject without exercising any influence on actual
practice. The Laws of Plato are criticized in the _Politics_ of
Aristotle, who, besides discussing laws in their relation to
constitutions, reviews the work of certain early Greek lawgivers. The
treatise on the _Constitution of Athens_ includes an account of the
jurisdiction of the various public officials and of the machinery of the
law courts, and thus enables us to dispense with the second-hand
testimony of grammarians and scholiasts who derived their information
from that treatise (see CONSTITUTION OF ATHENS). The works of
Theophrastus _On the Laws_, which included a recapitulation of the laws
of various barbaric as well as Grecian states, are now represented by
only a few fragments (Nos. 97-106, ed. Wimmer).
Law in Homer.
Our earliest evidence is to be sought in the Homeric poems. In the
primitive society of the heroic age (as noticed by Plato) written laws
were necessarily unknown; for, "in that early period, they had no
letters; they lived by habit and by the customs of their ancestors"
(_Laws_, 680 A). We find a survival from a still more primitive time in
the savage Cyclops, who is "unfamiliar with dooms of law, or rules of
right" ([Greek: oute dikas eu eidota oute themistas], _Od._ ix. 215 and
112 f.).
Dike.
_Dike_ ([Greek: dike]), assigned by Curtius (_Etym._ 134) to the same
root as [Greek: deiknymi], primarily means a "way pointed out," a
"course prescribed by usage," hence "way" or "fashion," "manner" or
"precedent." In the Homeric poems it sometimes signifies a "doom" of
law, a legal "right," a "lawsuit"; while it is rarely synonymous with
"justice," as in _Od._ xiv. 84, where "the gods honour justice,"
[Greek: tiousi diken].
Themis.
Various senses of "right" are expressed in the same poems by _themis_
([Greek: themis]), a term assigned (_ib._ 254) to the same root as
[Greek: tithemi]. In its primary sense _themis_ is that which "has
been laid down"; hence a particular decision or "doom." The plural
_themistes_ implies a body of such precedents, "rules of right," which
the king receives from Zeus with his sceptre (_Il._ ix. 99). _Themis_
and _dike_ have sometimes been compared with the Roman _fas_ and _jus_
respectively, the former being regarded as of divine, the latter of
human origin; and this is more satisfactory than the latest view (that
of Hirzel), which makes "counsel" the primary meaning of _themis_.
Thesmos. Nomos.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account