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
play, assume, respecting the limits of punishable homicide, views which
are not compatible: or again that the question of the validity of the
oracular command, though it is a main point in the defence, and though
the jury must be supposed to disagree about it, is not argued, unless
contradiction is argument, at all.... On law, therefore, and the history
of law, the _Eumenides_ is but a dubious authority: and the reader or
expositor of Aeschylus as such is not bound or perhaps entitled to
consider the play from this point of view.’ This kind of reasoning seems
to us very suggestive of a well-defined mental attitude, namely, that
of a writer who knows little or nothing about law and who, in addition,
does not want to know anything about it. We do not assert that the legal
problems of the _Eumenides_ are simple, but they cannot for that reason
be ignored. The more difficult a problem is, the greater is the prestige
of a court which can decide the issue. Athene confesses the difficulty of
the problem in this play and she requests the citizens of Athens to solve
it.[61] What an exaltation of religion! What a contempt for law!
The legal complexities of the trial of Orestes arise, we have said,
from the circumstances which attended the evolution of the legends. The
introduction of the story of Apollo’s command to Orestes was intended
by the legend-makers of the ‘pollution’ era to explain and to reinforce
the Homeric conception of Orestes’ act as justifiable matricide. That
Apollo’s command justified his act is the legal plea of Orestes, in this
play; at least, it is the predominant plea.
Thus he says to Apollo[62]:
Now give thy witness and expound the truth.
Apollo, was I just in slaying her?
To have done it I deny not. ’Tis the fact.
But whether to thy thought this matricide
Be justified or no, declare thy mind
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Public-domain text, read in full here on John Shaqi.
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