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
Euripides[184] makes Tyndareus utter a sentiment regarding the legitimate
modes of homicide-vengeance which seems to us to be very applicable to
early Greek societies. Tyndareus objects to the infliction of death as a
penalty for the slaying of Agamemnon, on the ground that such penalties,
in the absence of State-control, would inevitably lead to an indefinite
series of retaliations. ‘Right well,’ he says, ‘did our ancestors in
olden times enact these ordinances ... they punished (the murderer) with
exile, but they suffered no one to slay him in return, for (in that
eventuality) each successive avenger would be liable for bloodshed....
I will support the law, and try to check this brutal murderous practice
destructive alike of individual States and of the world.’ We shall see
later[185] that Euripides is either consciously archaising in this
passage or that the view of Tyndareus was somehow preserved in the legend
which the dramatist follows. In either case, it seems to us to contain
a valuable principle regarding the fear of unrestricted vendetta, of
collective and hereditary punishment, which is found in civilised tribal
societies in a condition of private vengeance. Such societies have either
to abandon civilisation, and to fall back into a chronic state of chaotic
barbarism, or to adopt a system of ‘social justice’ which, by definite
rules and regulations, expressive of tribal authority, by public opinion
and religious sanctions, prevents, as far as possible, the innocent from
suffering with the guilty.
The penalty of wergeld was, in a certain sense, collective because it was
diffused throughout the kindred. But this penalty is clearly far removed
from the collective punishment of a barbarous hypervengeance. It arises,
we have said, from the simple fact that property, in early society, was
to a great extent collective or common; and also from the fact that the
individual of tribal life was not the isolated personality which feudal
and modern civilisations have evolved, but was rather a branch of one
great wide-spreading tree in which he lived and moved and had his being.
Finally, in regard to the Homeric society, we must remember that the
Achaeans stood on quite a separate plane. Amongst them there is little
or no suggestion of collective punishment. Achaean military discipline
prevented it. Such traces of this punishment as are found in many later
legends must be attributed, as we shall see, to post-Homeric influences.
FOOTNOTES
[1] See _Blutrache bei den Griechen_, chapter i.
[2] See _History of Greece_ (second edition), p. 172.
[3] _History of Greece_, vol. ii. p. 32.
[4] See _Manual of Greek Antiquities_, p. 407.
[5] P. 408.
[6] _La Solidarité de la Famille_, Book I. (_passim_).
[7] See _s.v._ φόνος, p. 439.
[8] See _supra_, p. 11.
[9] _Loc. cit._ p. 440.
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