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
code of Dracon. We have already[5] argued against the theory of Glotz
that the clause μηδ’ ἀποινᾶν was a Solonian innovation. The alteration
which we attribute to Solon was not properly speaking a change in the
murder-code, but merely a change in the distribution of pleas in the
judicial system. Hence we accept the ancient tradition[6] that ‘Solon
changed all the laws of Dracon except those relating to homicide.’ The
Solonian legislation was less severe and more humane than Dracon’s code.
If Solon did not alter the murder-laws, it was probably because they
were, so to speak, so non-Draconian, because they did not bear the stamp
of Dracon’s own peculiar genius. They were, we have said,[7] an eclectic
codification of the unwritten laws of the Ephetae and the Exegetae.
Religiously consecrated by their joint tribal and Apolline inspiration,
they stood above the gales of Athenian political ferment. It was only
in the personnel of the judicial system that a loophole was left open
for political intrigue. In this respect alone was alteration easy and
obvious: and in this respect alone do we suppose that alterations took
place.
The original inscription of 409-8 B.C. consists of forty-eight lines, of
which six are undecipherable, and nine others badly mutilated. We will
give here just four of the best lines, from which the condition of the
remainder may be inferred.
11. και εαμ . εκ . ρονο..ς .τ.... ... .... ....... .ι
12. καζεν δε τος βασιλεας αιτ . ο . φο... ε... ... ........ .. ...λ
13. ευσαντα τος δ. εφετας διαγν.... ........ .... ... ..... ε
14. ι ε αδελφο. ε Ηυες Ηαπα.... ε το . .ο...... ..... ... .. .. .υ
The most important portion of the inscription, as restored by Köhler, is
given by Dareste,[8] and transliterated into the Ionic alphabet reads as
follows:
Public-domain text, read in full here on John Shaqi.
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