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
Is it suggested that if the manslayer is not accused and convicted,
the law has no control over him? Glotz and Müller would find in
such quotations a proof of their theory of the legality of ‘private
settlement.’ But it is absurd to examine as it were microscopically such
passages as this. They must be interpreted, as far as possible, in the
light of other parallel references, and accepted or rejected according
to the criterion of consistency. We admit of course that Demosthenes is
not always consistent; he was essentially an orator, and as an orator
he placed rhetoric before logic, persuasion before truth. But in legal
quotations he had to respect the legal knowledge of his audience. Hence
such quotations contain of necessity an important element of truth. In
the passage which we have just cited there is an apparent discrepancy
which militates somewhat against its logical value. We may ask: ‘How can
the law be said to be master of everybody and everything if it guarantees
to the relatives of the slain the right to refuse “appeasement,” even if
there be only one dissentient?’ A law of Dracon prescribed that ‘all must
agree or let one objector hold the field.’ Was not this objector, then,
κύριος τοῦ ἀνδροφόνου? What control had the law over such an objector?
On the very face of it, therefore, this statement of Demosthenes seems
inconsistent with itself! But perhaps Plato will help us to solve the
problem.
We have already[72] quoted Plato’s account of the penalty for
manslaughter. The legend, which he mentions, ‘of priests of old’
concerning the temporary anger of the dead shows the religious
significance which the exile penalty possessed for Plato: he understood
the meaning of the ‘customary rites’ of cleansing and purgation
which the manslayer had to perform on his return. In his penal
code, Plato differentiates between different degrees of guilt in
involuntary homicide: and it is significant that the penalties vary
correspondingly—not in the extent of the ‘appeasement,’ but in the
duration of the period of exile. Thus he says[73]: ‘If anyone kills a
freeman in a passion, let him be of necessity an exile for two years.’
In this case there is an element of guilt, but there is no deliberation
or intent to kill. He goes on to say: ‘He who in a passion but with a
certain degree of intent (μετ’ ἐπιβουλῆς) slays a person, ... let him
be an exile for three years ... being punished during a longer period
because of the greater seriousness of his passion.’ ‘It is difficult,’
he continues, ‘to give laws on such matters with accuracy. Of all such
matters, therefore, it is right for the guardians of the laws to have
cognisance: and when the period of the exile shall have expired for each
offender, it is right to send twelve judges to the civic boundaries
who having considered still more clearly meanwhile the condition (or
conduct—πραξεῖς) of the exiles, will be the final arbiters (δικαστάς) of
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account