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
Solon, the Athenian legislator, abolished all the laws of Dracon except
those which related to homicide.[174] These particular laws were
themselves an anomaly in the Draconian code. Plutarch says that the laws
of Dracon were said to have been written with blood, not with ink.[175]
Death was the penalty for minor thefts, yet the wilful murderer was
accorded the option of exile, and the involuntary slayer, the further
option of ‘appeasing’ the relatives of the slain! The life of a murderer
in exile was ‘protected’ by the decree of a State whose jurisdiction
ceased at its boundaries! We believe that the Draconian homicide-laws are
an eclectic codification of existing traditions and that these traditions
were a compromise between tribal customs and the seventh-century
Apolline doctrine of ‘pollution.’ Coulanges says[176] that Solon did not
change the murder laws of Dracon, because they were ‘divine,’ and to
disobey or tamper with such laws was regarded as sacrilegious. In our
view Apollo and the Delphic oracle constituted one of the sources, and
clan-traditions another, from which sprang the laws which Dracon codified.
Plato,[177] speaking of the penalties for wilful kin-slaying, refers
to a myth or legend ‘clearly told by priests of old’ to the effect
that Justice, the avenger of kindred bloodshed, has ordained that
the perpetrator of such an act shall suffer the same doom as he has
himself inflicted.[178] We have seen[179] that in the clan-system,
kin-slaying was normally punished by perpetual exile, but not by death.
We do not agree with Caillemer[180] that the fate of such exiles was
more pitiable than that of ordinary homicide exiles, but we support
the following opinion of his in regard to the attitude of the kindred.
‘Ils hésitent,’ he says, ‘souvent à verser le sang de leur parent: ils
se bornent au bannissement du coupable.’ In Plato,[181] the penalty
for kin-slaying is inexorably death. It was, we believe, the pollution
doctrine which indirectly produced this change, through the abolition of
‘private vengeance.’[182] It could not have _directly_ produced it, as
is clear from the fact that amongst the Israelites, who still retained
the avenger of blood, Cain, the murderer of his brother, was punished
only by exile; but when, as in Greece, the pollution-doctrine caused
the State to interfere in the trial of homicide and in the execution
of its penalties, State judges came to execute a penalty which the
relatives of the slain would never have inflicted upon a kinsman in the
days of ‘private vengeance.’ We shall discuss more fully, later,[183]
the problems concerning parricide in Attic law. The fact that parricide
was not expressly mentioned in Dracon’s laws does not prove that such a
crime was not punished by State officials in historical times. Thus the
myth which is attributed by Plato to ‘priests of old’ may be regarded as
another proof of the ‘divine,’ which is to say, the Apolline inspiration
of historical Greek homicide law.
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