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
In his speech against Androtion[284] a certain Diodorus says of
Androtion: ‘He accused me of a deed which anyone who was not of his
type would have been afraid to mention, namely, of slaying my own
father: he prepared an indictment of impiety[285] not against me, but
against my uncle, impeaching him for impiety in associating with one
who, as alleged, had committed this crime; he put him on trial, and
if he happened[286] to be found guilty—what man would have suffered a
more cruel fate than I would at this man’s hands? What citizen (φίλος)
or stranger would have ever consented to associate with me? What city
(_i.e._ State) would have tolerated within its precincts a man who
appeared to have perpetrated such an impious deed? None whatever.’ It is
noteworthy that the indictment, which is here referred to, was brought,
not against the alleged parricide, but against his uncle. The reason is
not, as Glotz would maintain,[287] that parricide was not a crime in
historical Athens, but that direct prosecution of homicides was limited,
by a legal technicality, based on immemorial custom, to the relatives of
the slain. If Glotz’s theory of unrestrained ‘private settlement’[288]
is assumed, what a glorious hunting-ground for unscrupulous blackmailers
must Athens have been! We can conceive Diodorus’ uncle approaching
Diodorus with his hand outstretched and crying ‘Your money or your
life’! We can also conceive any outsider—there is no limit to the
number—approaching the uncle of Diodorus equally determined to ‘settle’
the indictment for impiety! This is much too absurd for reality, even
in a modern State, not to speak of the ancient city with its ubiquitous
gods and ghosts and scruples! This passage explains, incidentally, an
episode in the _Euthyphro_ of Plato.[289] Euthyphro proposes to accuse
his father of homicide, since a poor freeman in his employment at Naxos,
whom his father had put in chains and cast by the wayside to await the
decision of the Exegetae regarding the slaying of a slave by his freeman
employee, had died of hunger and neglect. Socrates asks if Euthyphro is
a relative of the freeman. Euthyphro says that he is not, but that he is
‘polluted’ by associating with his father who is a murderer, and that he
is therefore bound to prosecute him. Plato, as we have said, is probably
here posing a problem which the Attic legal mind would have found it
difficult to solve. But the atmosphere of the dialogue is very far
removed from that of ‘private settlement’ for homicide.
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