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
That the action of Euthyphro was from one point of view impious
(ἀνόσιος), which is to say of doubtful legality, is suggested by another
passage in Demosthenes.[290] A nurse in the employment of the plaintiff
died as a result of rough treatment at the hands of two men who came to
his house to distrain his goods and chattels. The plaintiff tells how
he went to the Interpreters to ask their advice. The Interpreters said
that the only course which was open to him in law was ‘to carry a spear
in front of the funeral procession, and at the tomb to publicly inquire
(προαγορεύειν) if the woman had any relative, and to watch the tomb for
three days’! ‘For the woman,’ they said, ‘was not akin to you, nor even
a slave of yours ... and it is to relatives and “masters” that the law
assigns the duty of prosecution.’ The plaintiff then looked at a copy
of Dracon’s laws and consulted his friends, and taking into account the
fact that he was not a personal witness of the assault and could not find
any witnesses that would weigh with a court, he obeyed the Interpreters,
and refrained from further action. The Draconian law required, we are
told, that in taking the oath in a murder charge the accuser had to
state definitely in the court in what relationship he stood to deceased
or whether the deceased was his slave. This technical legal condition,
the demands of this legal formula, could not be complied with by the
plaintiff. Hence it is doubtful if Euthyphro could have complied with
them, unless, perhaps, he regarded himself as a kind of ‘master’ in
relation to the deceased freeman.
But the indictment for impiety was based on the religious doctrine of
pollution rather than on clan-technicalities connected with funerals and
burial and obsolete wergeld agreements. It is an instance of unsolved
conflict between these two systems which we find in the _Euthyphro_ and
in the speech _against Androtion_—a conflict which was in other respects
mitigated by the compromise we have described[291] in historical Greek
homicide law. The indictment for impiety could be brought by any citizen
against the relatives of a murdered man, if they failed to prosecute,
and if the dying man had not given a ‘release.’ If such failure to
prosecute was impious, then surely a ‘private settlement’ which prevented
prosecution was also impious.
Public-domain text, read in full here on John Shaqi.
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