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
In discussing the trial-scene which is found in Homer’s description of
the Shield of Achilles,[1] we were compelled incidentally to give, in
anticipation, the main results of our inquiries as to the existence, in
Homeric Greece, of tribunals for the trial of homicide. Previous writers
on the subject, who are unaware of the differences in the organisation
and nature of Pelasgian and Achaean societies, have naturally maintained
that homicide in early Greece was entirely a ‘private’ affair and
that trials for homicide only arose when a post-Homeric conception of
murder as a ‘pollution’ compelled an investigation on the part of kings
and nobles who were anxious to avert the wrath of the gods. Thus Bury
says[2]: ‘This notion of manslaughter [_i.e._ homicide] as a religious
offence necessarily led to the interference of the State. For when the
member of a community was impure, the stain drew down the anger of the
gods upon the whole community, if the unclean were not driven out.
Hence it came about that the State undertook the conduct of criminal
justice.’ Jevons[3] propounds a similar view, though he apparently finds
more difficulties in the Homeric text. ‘There was, indeed,’ he says,
‘no State power to which the relatives of the deceased could appeal for
redress, much less was there any State power which of its own motion
undertook to apprehend and punish the murderer. But in Homeric times a
feeling was gathering that murder was an offence against the members of
the community in their collective capacity.’ Bury’s general view-point
is that homicide was the only crime which called for State interference,
and that there was no such interference before the doctrine of pollution
arose. Other ‘crimes,’ he thinks, continued to be ‘private’ affairs
until the centralisation of government brought it about that the injured
party, before punishing the offenders, had to seek State authorisation
in the form of trial, but in such cases the State never acted on its own
initiative or responsibility. ‘It must be borne in mind,’ he says,[4]
‘that, in old days, deeds which injured only the individual and did not
touch the gods or the State were left to the injured person to deal with
as he chose or could. The State did not interfere. Even in the case of
blood-shedding it devolved upon the kinsfolk of the slain man to wreak
punishment upon the slayer. Then, as social order developed along with
centralisation, the State took justice partly into its own hands: and the
injured man, before he could punish the wrong-doer, was obliged to charge
him before a judge, who decided the punishment. But it must be noted
that no crime could come before a judge unless the injured person came
forward as accuser. The case of blood-shedding was exceptional, owing
to the religious ideas connected with it. It was felt that the shedder
of blood was not only impure himself, but had also defiled the gods of
the community: so that, as a consequence of this theory, manslaughter of
Public-domain text, read in full here on John Shaqi.
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