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
So far there is no question of any human guilt. But such a question
might have easily arisen. In the Hebrew murder-code,[47] if an ox gored
a man to death, it was necessary to inquire whether the ox had been
‘let out’ by the owner, and whether the ox was previously ‘known to be
dangerous.’ If so, the owner could have been put to death, unless he
ransomed his life. Let us suppose, furthermore, that the object had not
‘fallen,’ but was such that it must have been ‘thrown.’ Two cases might
now arise: (1) the ‘thrower’ might confess that he threw the object,
say, a stone or a piece of wood, but at the same time deny that he threw
it with the intention of hitting, much less, of killing, any person: or
(2) the ‘thrower,’ guilty of intent to kill, might escape undetected,
perhaps concealed by a wall or a boulder or a shrubbery, from which he
had hurled the fatal missile. Thus, the trial of inanimate objects, and
also, but to a less extent, the trial of animals, might have had a close
connexion on the one hand with the question of accidental homicide,
committed by a human agent, and on the other with the question of ‘murder
by persons unknown.’ Upon the precise circumstances of each case would
have depended the question whether local magistrates and tribunals
would have possessed jurisdiction in the matter, or whether it would
have had to be referred to the central State authority at Athens. But to
this same authority would naturally also have fallen the decision as to
the guilt of animals or objects which had caused the loss of human life
within the city of Athens and its environs: and hence we can understand
why the central Prytaneum court had to adjudicate not only upon guilty
animals and inanimate objects, but also, and with much more serious
possibilities, upon murder by persons unknown.
Public-domain text, read in full here on John Shaqi.
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