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
As an illustration of the second mode of vengeance, we may perhaps
cite the Serbians of recent times who adopted a restricted form of
vendetta and who often allowed murder to remain unpunished.[14] The
restricted system seems to have existed amongst the Araucanians[15] of
South America, and amongst the Jivaros Indians,[16] but only when the
identity of the murderer could be established. In this latter case we
find the alternative operation of a more civilised with a more barbarous
form of vengeance. But we must not assume that these forms coexist as
alternatives everywhere. A French authority holds[17] that the essential
motive of collective punishment was the production or identification of
the murderer. ‘So long,’ he says,[17] ‘as the murderer is unknown, so
long is the responsibility collective and diffused.’ We cannot accept
this statement as an explanation of the origin of unrestricted vendetta.
We admit that collective penalties of a minor kind would form a strong
inducement for the discovery of the criminal. It was for this reason
perhaps that an Anglo-Saxon law[18] levied a fine on the whole ‘hundred’
if the murderer was not produced. But it is one thing to bring pressure
to bear on a district, whether by a fine, as in this case, or by an oath,
as in the instance mentioned in Deuteronomy[19]; it is quite another
thing to destroy a whole town or village if the murderer was unknown. We
shall see[20] that the Homeric Achaeans often waited long for vengeance,
and often allowed the homicide to go unpunished, rather than visit with
unjust punishment the innocent relatives of the slayer. In this system
there is no trace of collectivity. The relatives have not even to pay
a sum of money. The flight of the slayer is not indeed accepted as a
substitute for the normal penalty, which is death, but it postpones
indefinitely, if not for ever, a vengeance which the slayer alone can
suffer.
Public-domain text, read in full here on John Shaqi.
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