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
whose interest it was, at the dawn of civilised society, to create the
distinction between justifiable and unjustifiable bloodshed, which is so
vital to domestic peace.
COLLECTIVITY IN VENGEANCE
Nothing that has been said in this chapter is incompatible with the
view that punishment, in early societies, tends to be collective and
hereditary. Feuds of blood must have occasionally occurred amongst
the early Pelasgian folk, but we cannot ignore the control of tribal
authority, and the Achaean domination which may have acted as a check.
However, it is one thing to declare war on a group which refuses to
fulfil the law of a district or of a tribe; it is quite another thing
to refuse the ‘satisfaction’ prescribed by custom, and to make a single
murder an invariable cause of incessant bloodshed. This is the state
of Homeric society as conceived by Glotz, and by most writers on the
subject of early Greek homicide. We prefer to emphasise the triumph of
reason over passion which is symbolised by a wergeld system of local
vengeance, by the worship of common ancestors, real or fictitious,
by the early political synoekism of many Greek districts, and by
international Amphictyonies of immemorial antiquity. We think that it
was in post-Homeric times, when the Achaean control was removed, and
the Migrations broke up the solidarity of Pelasgian clans, that Greek
societies developed unrestricted vendetta. Glotz[181] has difficulties
about the Homeric age. He has to admit that there is no infallible
system of collective punishment in Homer. ‘Dans l’Iliade et dans
l’Odyssée,’ he says, ‘les querelles strictement personnelles ne lient
plus infailliblement au sort de l’offenseur tous les siens. On n’y voit
point, après un meurtre ἐμφύλιος, les vengeurs du sang poursuivre la
famille du meurtrier.’ The difficulty is obviated by our theory of
Achaean restricted vendetta. The vengeance of Achilles[182] for the death
of Patroclus is no objection to our theory, as it is not revenge for
homicide proper: war is distinct from peace. Achaean kings confiscate
property, transfer and destroy whole cities[183]: this is but the
autocracy of a quasi-feudal militarism; it is not a punishment of moral
guilt.
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