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
we believe,[194] a compromise between central autocratic deterrence and
tribal ‘private vengeance.’
In the last clause of the Demosthenic passage which we have cited there
is a reference to the righteousness of slaying a murderer if he did not
abstain from the ‘land’ of the victim where that ‘land’ or State was
different from his own. We fail to understand how such a law could have
existed, or could have effectively operated, without an international
compact expressly made or tacitly adopted through the mouthpiece of
an Amphictyonic oracle. We cannot accept Glotz’s theory[195] that the
immunity of homicide exiles abroad originated in separate treaties of
Refuge or ἀσυλία. The law is much too wide and universal to permit of
such an explanation. Thus, for instance, if an Athenian slew a Theban
at Athens or at Thebes, the murderer was bound, after conviction, to
abstain from Athens and Thebes for the rest of his life. No single Greek
state could have produced such a law. Such eventualities would inevitably
require an international compact or an Amphictyonic sanction.
Plato confirms the existence of these laws. Speaking of involuntary
homicide, he says[196]: ‘It is necessary that the slayer should withdraw
from the (country of the) slain and evacuate his own native land for a
year: if the deceased is a stranger, let the homicide be debarred from
the stranger’s “land” for the same period.’ Speaking of wilful murderers,
he says[197]: ‘If he goes abroad without challenging a verdict (μὴ
θέλησας κρίσιν ὑποσχεῖν), let him suffer perpetual exile: but if any such
person sets foot upon the “land” of the slain, let whoever first meets
him, whether relative (of slain) or citizen, slay him with impunity, or
... hand him to the magistrates ... to put him to death.’
Public-domain text, read in full here on John Shaqi.
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