Poine: a study in ancient Greek blood-vengeance — John Shaqi
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
Our fourth category of the modes of blood-vengeance is intended to
comprise all the methods of punishing homicide which are characteristic
of fully developed social organisms, whether in ancient or in modern
times. Homicide, which was originally conceived as an outrage affecting
only a family or clan, may come to be regarded as a crime against the
body politic, as an insult to the majesty of the State, its laws, its
gods, or its governors. Indeed, this latter conception usually becomes
so vigorous that it obscures and ultimately extinguishes the former,
at least in so far as that former conception concerns the claims of the
relatives of the victim. In early English law the word _murdrum_[5]
denoted a fine payable to the king if the murderer was not produced.
In feudalism, the lord claimed a _portion_ of the payment made by the
relatives of the slayer. This was the _honour-price_, an atonement for
the insult caused by a ‘breach of the peace.’ In historical[6] Athens
wergeld was forbidden, but the property of a convicted murderer who went
into perpetual exile was confiscated to the State. In ancient Israel
wergeld was abolished when murder was conceived as a ‘sin’ against the
God of the State, when it was believed that blood polluted the land.[7]
In Greece, too, we hope to show that wergeld was abolished in the first
instance by the religion of Apollo, and that the evolution of the
State, if it did not assist in its abolition, at least ensured that the
abolition should be permanent. Once murder becomes a sin against the
gods, or a crime against the State, the day of private vengeance has
passed: that of State trial, State imprisonment, State execution takes
its place. The relatives may still assist, they may even be compelled to
assist, in the punishment of homicide, but they have lost the right to
material compensation.
We will now give a few illustrations of the actual operation of these
modes of blood-vengeance. As the fourth or last-mentioned mode is
found in all modern States, we need not here illustrate its operation,
especially as we shall have to describe, at a later stage, the treatment
of homicide in historical Athens.
Public-domain text, read in full here on John Shaqi.
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