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
the old jurisdictions of the clan, the phratry, and the tribe. We have
shown that local tribal courts still functioned, with State-sanction,
in historical Attica.[39] We have quoted a passage[40] from Plato which
suggests that some such local courts had power to condemn to death a
person who maliciously wounded one of his parents.
We agree with Müller[41] and Coulanges,[42] in opposition to Glotz[43]
and Philippi,[44] in the view that Plato’s _Laws_ are based, in the
main, upon the Attic legal codes. There are certain points in which
Platonic law seems independent of Attic law. Are these variations to be
attributed to the fancy of an idealist or are they rather a supplement,
an incorporation of local and tribal laws which the State codes did not
mention but always presupposed? So far as homicide at least is concerned,
we prefer the second alternative: and we shall give at a later stage the
reasons for our preference.
In describing the trial of inanimate objects and of animals which were
guilty of human bloodshed, Plato says[45]: ‘If a beast of burden or any
other animal shall kill any person (except in a public contest) let the
relatives (of the deceased) prosecute the cause of death: and let the
wardens of rural areas (ἀγρόνομοι) upon whom ... the relatives shall
impose this task, decide upon the matter: and let them destroy the
animal (if) condemned and cast it beyond the boundaries (of the State).
If any inanimate object deprives a person of life (except lightning or
such god-sent bolt ...) either by the person falling upon it or by its
falling upon the person, let the nearest of kin appoint the nearest
neighbour to act as judge, and (thus) free from pollution himself and
his whole kindred, and cast the condemned object beyond the boundaries.’
There is no mention of the Prytaneum Court or of the Tribe-Kings. We
can explain the omission by supposing that Plato is referring to local
courts and local cases of bloodshed, in which the relatives had not to
go outside their immediate neighbourhood to obtain jurisdiction. The
ancient phratry was an assembly of local clans: neighbourhood was the
essential factor in the bond which the phratry religion represented. The
‘nearest neighbour’ in this quotation would have been a member of the
phratry, if not of the clan, to which the slain person belonged. The duty
of prosecution which is here referred to was no sham duty[46]; it was a
serious religious obligation. Failure to prosecute would have ‘polluted’
the relatives of the slain.
Public-domain text, read in full here on John Shaqi.
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