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 main difficulty which the ancients found in the post-Homeric legends
of Orestes was the interpretation of the command which Apollo gave to
Orestes. Some legends, of course, such as that which we have called the
‘Argive legend,’[67] did not include any reference whatever to such a
command. But in the Attic legends, which represent this command as an
essential element in the story, there is no precise and definite answer
to the question: ‘Did this command justify the vengeance of Orestes
or was it a mere “extenuation” of his guilt?’ We have said that the
conception of this command as a complete justification predominates
in the _Eumenides_, though the Erinnyes naturally object to this
interpretation. But the command may also be regarded as an abnormal
psychic factor which would make it possible to interpret the act of
Orestes as ‘kin-slaying in a passion,’ or extenuated kin-slaying, which
is akin to involuntary homicide. It is only thus that we can explain
the reference in certain forms of the legend to a penalty of one year’s
exile: and to other details of punishment which are never associated with
voluntary homicide. The Furies, in the _Eumenides_,[68] find it difficult
to conceive that Orestes will ever return to his domestic religion. Now
Plato[69] asserts that a son who slew his parent in a passion could not,
unless the dying parent ‘forgave,’ return again to his domestic hearth,
even though he could return, after a period of exile, to his native
State. We cannot suppose that the Furies, in the _Eumenides_, represent
an attitude of ‘forgiveness’ on the part of Clytaemnestra, and hence
we could not expect them to accept the possibility of Orestes’ return
to his native home in Argos. But the mere mention of such a detail
suggests a plea of quasi-involuntary matricide. A verdict of acquittal
on a plea of justifiable slaying is precisely the verdict which the
Erinnyes in Aeschylus, before their ‘conversion,’ cannot recognise. But
they might have accepted as an alternative to their charge of wilful
matricide a charge of extenuated matricide. Such a charge, such a
conception of Orestes’ guilt, is very prominent in a form of the legend
which Euripides gives.[70] But even in Aeschylus this conception is not
altogether absent, though it is very much suppressed, perhaps because it
was inconsistent with the dominant viewpoint of the Aeschylean drama.
Thus, Orestes suggests that before he came to Athens to stand his trial
he had already atoned for any element of guilt which was involved in his
obedience to Apollo. He says to Athene, before the trial[71]:
Public-domain text, read in full here on John Shaqi.
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