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
following objections: (1) ‘contriving murder’ ranked with wilful murder
in Attic law, and was tried by the Areopagus, not by the Ephetae[10]: (2)
it is rightly maintained[11] that the presence of καί at the beginning of
the inscription indicates that a portion is missing, and it is natural
to assume that this missing portion contained the law relating to the
graver kinds of homicide, including not only wilful murder, but also
contriving murder. In order to obviate such objections, Philippi abandons
the verb βουλεύειν and proposes to read βουλεύσεως τὸν ἀεὶ βασιλεύσαντα,
‘the King-archon for the time being shall judge concerning attempted
murder.’ But this suggestion is open to the following objections: (1)
we are compelled to render διαγνῶναι (l. 13) ‘to adjudicate finally,’
and we do not think that it bears this meaning in the inscription; (2)
τὸν ἀεὶ βασιλεύσαντα is a very questionable Greek rendering for ‘he who
is King-archon for the time being’: (3) while it is true that attempted
murder was tried, in Aristotle’s time,[12] in the Palladium, it has no
real affinity with manslaughter. It is impossible to suppose that the
‘appeasement’ mentioned in the inscription could have ever been applied
in cases of attempted murder. It would be absurd to compensate relatives
who had lost nothing, and to ignore the person on whose life the attempt
was made. Demosthenes definitely cites[13] this law of ‘appeasement’ as
referring to manslaughter. Hence, as we believe that the second line of
our inscription refers to manslaughter and as λευσαντα (_sic_) is found
in the unrestored part of the inscription, we propose to restore μὴ
βου]λεύσαντα instead of ὡς βου]λευσαντα and understanding κτεῖναι with
αἰτιᾶται, we translate ‘if anyone accuses a person of slaying without
deliberate resolve.’
We will now suggest a translation of this passage, reading μή instead of
ὡς in the second line.
Public-domain text, read in full here on John Shaqi.
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