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
The wording of the Draconian extradition law is vague and incomplete. The
emergencies which it does not expressly indicate were no doubt provided
for by an Apolline Amphictyonic code, which was either unwritten or, if
committed to writing, was kept secret, or if promulgated, has left no
trace of itself in inscriptions or in literature. But we fail to see
how even the Draconian law could have ever originated in any one State,
or in the mind of a single legislator. We believe that it was, on the
contrary, of international or Amphictyonic origin. We have suggested,
moreover,[202] that the homicide penalties of historical Greece were the
result of a compromise between the religion of Apollo and the traditions
of local State-gods and of the Erinnyes who represented the wrath of
the slain and the desire of the relatives for retribution. Does not this
theory help to explain and does it not therefore derive support from the
fact that the punishment of homicide was most severe and the duty of
prosecution most widely diffused in the case of homicide committed in a
State in which both slayer and slain were legally ‘strangers’?
Glotz,[203] who sees in the protection of a murderer’s life ‘abroad’
(which means, as we now see, anywhere outside the one, two, or three
States which might be involved in the case) the operation of treaties
of ἀσυλία or Refuge between individual States, explains the extradition
law regarding the seizure of hostages as an ancient tradition of the
clans. Indicating the contrast which exists between ancient and modern
extradition, he observes[204]: ‘En Grèce, l’extradition a de bonne heure
figuré dans le droit des gens. Mais elle n’était pas du tout à l’origine
ce qu’elle est devenue. Les peuples civilisés des temps modernes ont pour
principe de livrer des étrangers présumés coupables de crimes commis en
pays étranger, mais non pas leurs nationaux, même pour crimes commis
sur terre étrangère. Les anciens se faisaient un point d’honneur de ne
pas abandonner le malheureux qui s’était enfui sur leur sol et confié
en leur protection. L’hôte est toujours sacré: le foyer d’une cité est
un asile inviolable ... c’est l’extradition telle qu’ont pratiquée
longtemps les Aryens, _ut populus religione solvatur_.’ It was, according
to this view, only a sense of honour, a fear of violating the sacred
rights of hospitality, which gave to Greek extradition law its peculiar
characteristics. But criminals cannot claim any right of hospitality, in
the ordinary sense. Moreover, Glotz forgets that a Greek State had to
expel or deliver up a stranger if the deed of blood was committed in its
territory. It also had to give up its ‘nationals’ if these ‘nationals’
had slain foreigners at home or abroad. Glotz draws too fine, too neat a
contrast between ancient and modern extradition. He does not explain the
origin of the ancient system. To say that it existed in early clan-law
but that it developed later into something quite different is not an
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account