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
If any person shall kill another accidentally in a contest or
in an ambush or in a battle by mistake or having caught him
(in adultery) with his wife or with his mother, or sister, or
daughter, or a concubine kept to beget free children, he shall
not be put on trial (_or_ he shall not be exiled) (φεύγειν)
for such homicide: and if anyone resisting unlawful seizure
or violence shall immediately kill the aggressor his death
shall not be punishable,[93] and it shall be lawful to kill
murderers (found after conviction) in our territory, but not
to illtreat or amerce them, under pain of paying[94] double
damage inflicted: no person shall be liable to any legal
proceedings for homicide who gives information against (and
therefore causes the death of) exiles who return when it is not
lawful.[95]
_Plato_
If any person shall kill a citizen accidentally in a contest at
public games ... or during a war or the practice of military
exercises ... let him be purified according to the law brought
from Delphi about these matters, and be immune from punishment:
and, regarding physicians, should any person who is attended
by them die without their intending it, let such physicians
be immune by law.[96] If anyone catches a thief entering his
house by night, with intent to steal ... and kills him, let him
be immune. If anyone commits rape ... let him be slain with
impunity: if a man finds his wife being ravished and kills
the offender, let him be immune by law. If anyone shall kill
a person, warding off unjust death from his father, mother,
children or brothers ... let him be immune.[97] If any such
persons (wilful murderers) set foot upon the civic territory
of the slain, let him who first meets him ... kill him with
impunity.[97]
We have elsewhere[98] cited a Delphic law which concerned justifiable
slaying, and which, in its completeness, we regard as the common parent
of both these legislations. These excerpts are strikingly similar,
especially if we remember that they are a number of extracts which we
have put together with the object of eliciting a complete list of cases.
No better proof than this could be adduced of the ‘historicity’ of
Platonic legislation[99] regarding homicide. Antiphon[100] refers to the
legal immunity of physicians, and we may therefore consider this Platonic
law to be also Draconian (or Solonian).[101]
To both the above quotations our triple classification of cases of
justifiable homicide can without difficulty be applied. Confining our
attention to the Demosthenic account, we may point out that the reference
to accidental slaying in a contest, ambush, or battle, is covered by
our first category: the infliction of death for adultery or seduction is
included in our second category: and the slaying of unjust aggressors,
and of murderers _en rupture de ban_, in our third category.
Public-domain text, read in full here on John Shaqi.
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