Poine: a study in ancient Greek blood-vengeance — John Shaqi
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
ideas of Homeric society, and in particular from the conception of the
Achaeans as a tribal people, which we have associated with Ridgeway
and H. Seebohm. We believe that an attempt to decide this question is
necessary for the elucidation of many Homeric problems, such as that of
blood-vengeance or of land-tenure. We shall adduce evidence, in our study
of Homeric blood-vengeance, which will serve as a confirmation of Leaf’s
hypothesis. At present we will confine ourselves to some more general
arguments which can be regarded as supplementary to the evidence which
Leaf himself puts forward.
Ridgeway, in discussing[71] the mode of land-tenure in Homeric Greece,
seeks to prove that the Homeric poems reveal an evolution in the
private ownership of land, beginning with a stage in which, as in the
_Iliad_, land is held in common by all tribesmen except the king or
chief whose _temenos_ is private and personal and probably hereditary,
and progressing to a stage in which, as in the _Odyssey_, ‘allotments’
among tribesmen tend to accumulate and to become more and more a
family inheritance within the tribe, without attaining to the stage of
absolutely private ownership which we find in the time of Hesiod. Such
an evolution is, of course, a characteristic feature of settled tribal
existence. Sir Henry Maine, in his interesting analysis[72] of the
origin of private property in land, distinguishes three stages of its
growth. In the first stage, there is communal ownership, both of land and
harvest, such as is still found among some Highland clans of Scotland:
the food-supplies of individuals are doled out, sometimes daily, by the
chiefs of the clans.[73] The periodical distribution of the ‘harvest,’
such as was made by the elders of tribal Slavonic subjects in the once
mighty Austrian and Turkish Empires, marks a slight modification of
this system, which does not, however, affect the tenure of land.[74]
‘In the Russian villages, however,’ says Maine,[75] ‘the substance of
the property ceases to be looked upon as indivisible, and separate
proprietary claims are allowed freely to grow up.... After the expiration
of a given, but not in all cases of the same, period, separate ownerships
are extinguished, the land of the village is thrown into a mass: and
then it is redistributed among the families composing the community,
according to their number.’ The third stage finds an illustration in
India, where, as Maine says,[76] ‘not only is there no indivisibility
of the common fund, but separate proprietorship in parts of it may be
indefinitely prolonged and may branch out into any number of derivative
ownerships, the _de facto_ partition of the stock being, however, checked
by inveterate usage and by the rule against the admission of strangers
without the consent of the brotherhood.’ Though neither Maine nor
Ridgeway mentions the analogy, we think we can trace some such evolution
in the old German tribes as described by Caesar and by Tacitus. Caesar
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