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
In an earlier section[1] of this work we have explained what we consider
to have been the origin and the evolution of judicial investigation
in matters of homicide. We have said[2] that ‘the evolution of early
Greek judicial authority is not a transition from a crude arbitrary
local jurisdiction to an efficient central compulsory jurisdiction
but rather a gradual extension to wider areas, in accordance with
increasing political synoekism, of the judicial functions which had
been previously discharged with equal authority within smaller areas.’
The influence of the ‘pollution’ doctrine in compelling the State to
investigate and to adjudicate concerning degrees of blood-guiltiness has
also been clearly shown.[3] We shall now apply our conclusions to the
Attic homicide courts—the only Greek courts of which we have any precise
and authentic knowledge. The actual origin of the Athenian courts is
surrounded by mystery and obscurity. Many of the legends which refer
to their foundation are clearly the fabrications of men who were born
when these courts were already old. Places which in later times came
to be notoriously associated with the courts which sat there to give
judgment in homicide cases, had previously, in many instances, been
consecrated by legends which had no connexion with homicide at all.
The ‘Areopagus,’ for example, that is, the Hill of Ares, may have been
at one time the scene of a battle in which Theseus, an Ionian King of
Attica, proved victorious. The place would then naturally have come to
be called ‘the Hill of Ares.’ Aeschylus[4] says that the hill got its
name from the sacrifice which was offered to Ares by the Amazons whom
Theseus defeated. Glotz points out that there was no temple of Ares on
the Areopagus, and he holds that the connexion of Ares with this hill
was derived from a time when Ares signified not only war but murder, as
in the Homeric phrase, Ἄρεω ἀλκτήρ (avenger of blood).[5] This homicidal
rôle of Ares, and, moreover, the existence of an altar of Athene
_Areia_ at the Areopagus, which is referred to by Pausanias, explains,
he thinks, the real origin of the place-name. But Pausanias was not of
this opinion. ‘Here also,’ he says, ‘is the Areopagus, so called because
Ares was first tried here.’[6] This is really a third hypothesis as to
the meaning of the word. Aeschylus gives also a fourth explanation. The
place may be called, he suggests,[7] from the Erinnyes who here became
‘appeased’ under the form of Semnai Theai, but who were called _Arai_ or
Curses beneath the earth. The main point of interest in this confusion of
opinions is that the hill called the Areopagus was in historical times so
closely associated with trials for homicide that Ares had to be conceived
as a murderer in order to retain his connexion with the place. Orestes,
whose sojourn at Athens, as Homer relates it, had no connexion with
homicide,[8] was associated, in legend, with the Areopagus to such an
Public-domain text, read in full here on John Shaqi.
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