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
this period of exile was not fixed by any law: that the slayer remained
in exile until such time as the relatives accepted ‘appeasement.’ We
shall discuss this opinion more fully later, but we may say here that it
seems very strange that the State should have guaranteed protection for
the property of the slayer, and should, at the same time, have had no
voice in determining the limits of his period of exile, no influence in
constraining the relatives of the slain to accept ‘appeasement.’
Speaking of involuntary homicide, in another passage, Demosthenes
says[70]: ‘If the accused be convicted and be found to have done the
deed, neither the prosecutor nor anyone else has control over him, but
the law alone. And what does the law command? That a person convicted of
involuntary homicide shall on certain stated days leave the country by an
appointed road and remain in exile until he has appeased certain[71] of
the relatives of the slain (τινα τῶν ἐν γένει τοῦ πεπονθότος): then it
permits him to return, not anyhow, but in a particular manner, ordering
him to sacrifice and be “purged” and giving other directions which he
must carry out. Rightly, men of Athens, does the law prescribe all
this. It is just to make the penalty of involuntary homicide less than
voluntary, and it is right to prescribe exile guaranteeing (a person)
a secure exodus, and for the returning exile to free himself from tabu
and be cleansed by customary rites; above all it is right that the laws
should control everybody and everything.’ In this passage we find the
usual obscurity of language and even apparent discrepancies.
Public-domain text, read in full here on John Shaqi.
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