Poine: a study in ancient Greek blood-vengeanceTreston, Hubert Joseph
History
Poine: a study in ancient Greek blood-vengeance
Treston, Hubert Joseph
Criminal law (Greek law); Greece -- Civilization; Greek drama (Tragedy) -- History and criticism; Homicide (Greek law); Vendetta
[143] _Proleg._ p. 231.
[144] Introd. to _Eumenides_, p. xxxvii ff.
[145] _Infra_, p. 298 ff.
[146] _Infra_, pp. 143, 173 ff.
[147] _e.g._ Glotz, _op. cit._ p. 316.
[148] _Iph. Taur._ 965; see _infra_, Bk. III.
[149] _Laws_, ix. ch. 9.
[150] _Op. cit._ p. 54.
[151] Aeschylus, _Eumenides_, 213 ff., 617 ff.
[152] _Ib._ 212, 608.
[153] _Ib._ 210, 230.
[154] _Laws_, ix. ch. 9.
[155] 655-660.
[156] 285 ff.
BOOK II
FROM HOMER TO DRACON
CHAPTER I
SOCIAL AND LEGAL TRANSITIONS
SECTION I: Political changes in post-Homeric times: fall of
Achaean Empire and its causes: post-Homeric migrations: Achaean
survivals: the Hesiodic age of chaos: tribal stability and
decay: evolution of the Attic State: aristocracy and democracy.
SECTION II: Religious and legal transitions in post-Homeric
times: Asiatic-Greek intercourse: compromise between Asiatic
and Greek ideas adopted in regard to homicide: origin of
Apolline purgation-system: rise of Apolline influence:
organisation of theocratic nobles: Apollo and pollution:
extradition: origin of the laws of Dracon: proofs of author’s
theory from Greek legends, from Plato and Demosthenes:
pollution doctrine and wergeld: question of ‘legality’ of
‘private settlement’ for homicide in historical Athens.
SECTION I
Less than a hundred years[1] after the Trojan war, and some time about
the year 1100 B.C., the great and glorious rule of the Achaeans over
Greece came to an end. ‘Greece,’ as Leaf puts it,[2] ‘relapsed from
the temporary union imposed upon it by its rulers into its normal
congeries of loosely coherent cantons.’ The Achaeans did not, of course,
entirely disappear, but they ceased to maintain that unified control and
domination over Greece which they had enjoyed for two or three centuries.
The causes of this change are variously estimated. Historical analogies,
such as that of the Normans in England and in Sicily,[3] suggest in
general the brief duration of such a hegemony. ‘The domination of a small
military caste over a large subject population contains of necessity,’
says Leaf,[4] ‘the germs of its own destruction....’ ‘The _Iliad_ itself
gives us vividly, in the portrait of Agamemnon, the inherent weakness
of all hereditary military despotisms.... The time came ... whether
through the effort of the Trojan war which had reduced their numbers, or
through lack of moral grit following on too long a tenure of power, when
the Achaeans had to cast in their lot with their former vassals ... the
group system resumed its sway and the Achaeans were drawn into it.’[5]
Ridgeway, arguing from analogous instances, attributes the decay of
Achaean vigour partly to climatic influences, partly to the enervating
effects of luxury and power. In regard to this latter factor, he says[6]:
‘It is a known fact that the upper classes in all countries have an
inevitable tendency to die out ... the dwindling of the master races in
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