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
Plato has another reference to a clan court, to which Glotz has not
referred and which seems to us to furnish a splendid illustration of
the manner in which minor issues, which affected merely the members of
a local kindred, remained within the scope of clan jurisdiction even
in historical Athens. We shall see later[26] that, owing to religious
influences, kin-slaying became too serious a matter for the adjudication
of clan tribunals from the seventh century B.C. onwards. Even minor
cases of bloodshed such as ‘wounding with intent’ had probably, in
historical times, been transferred to the jurisdiction of an Attic state
court, called the Areopagus.[27] The clan court to which Plato refers,
in the present instance, seems to have had power to try and to punish
the wounding of a kinsman by a kinsman, in a passion; it is presumed,
however, that the wound was not sufficiently grave to interfere with
military service. Plato says[28]: ‘If one kinsman[29] wounds another ...
let the heads of families[30] (_i.e._ the elders) and the male and female
kindred, as far as the cousins[31] on the male and female side, come
together and having tried the case deliver the offender to his natural
parents to fix the fine[32]: and if the fixing of the fine be a matter of
doubt, let the kindred on the male side fix the fine definitely; and if
they are unable to decide, let them eventually refer the matter to the
“guardians of the laws.”’ Plato goes on to say that where children wound
their parents (presumably in a passion) the judges must be over sixty
years of age, none of them must be a relative of the offender, and they
may fix the punishment, which may include death.
Public-domain text, read in full here on John Shaqi.
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