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 “appeasement” and their return home from exile: and let them abide
by the decisions of these magistrates; and if, after returning from
exile, anyone of these commits again the same offence, let him be exiled
and never return: if he returns let him suffer in the same way as if
a stranger returns’ (κατὰ τὴν τοῦ ξένου ἄφιξιν). Here we have a very
different picture from that which the theories of Glotz and Müller and
some Demosthenic passages suggest. There is question of manslaughter, but
there is no reference to the power of wrangling relatives to prevent the
exile’s return. On the contrary, it is stated that the ‘appeasement’ was
controlled by judges who may have been _phrateres_, but were probably not
kinsmen of the slayer. The last line in the passage refers to a law which
we have already[74] mentioned, namely that which decreed perpetual exile
for manslaughter committed between strangers in any given State. The
penalty for ‘returning’ in such a case, that is, for _rupture de ban_,
was death.
In a passage which refers to a case of kin-slaying, in which the dying
man ‘forgave’ his slayer (without, however, granting a ‘release’), Plato
says[75]: ‘If any person of his own accord absolves anyone for such a
deed, let the purgations be made for the slayer as if his act had been
involuntary, and let one year be the term of his absence from the country
according to law.’ The theory of the legality of ‘private settlement,’
before or after trial, cannot be reconciled with this quotation. The
phrase ‘according to law’ suggests that Plato refers to actual Attic law,
and not to an ideal law of his own creation.
Plato adds that in such a case the slayer can never resume his ordinary
domestic life, even though he recovers his civic status. Similarly, for
the slaying in a passion of a husband by his wife, or of a wife by her
husband, the penalty prescribed is three years’ exile, but such persons,
even though not akin in blood, cannot return home to share in common
domestic rites with their children, or to eat at the same table. In this
law we see clearly the operation of a local or domestic ‘pollution’ which
debars the slayer from his family hearth, and which is quite distinct
from the civic pollution which debars him from certain definite States.
It is important to observe that with the local or domestic pollution no
civic or international law has ever interfered; whereas civic pollution
has been regulated by law according to the varying degrees of guilt, and
the claims of the relatives to ‘appeasement.’
Plato implies that one year was the normal period of exile for
manslaughter. The Greek verbs ἀπενιαυτίζειν[76] and ἀπενιαυτεῖν convey
the same implication. Can this fact be reconciled with the law of Dracon?
We believe that it can, but only by distinguishing between theory and
practice, between local and central courts, between local and central
religion.
Public-domain text, read in full here on John Shaqi.
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