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
to the old aristocratic tribes. In cases of homicide between members of
this new group, who would act as judge? The tribe-kings regarded such
a group as entirely outside their caste. For such a group there was
neither religion nor law nor justice. Hence they probably resorted to
what we have described as unrestricted vendetta. It was precisely at
this juncture, as we think, that the new religion of Apollo, with its
quasi-Asiatic doctrine of murder as a ‘pollution,’ came to Greece. Murder
now became a ‘sin’ against the State gods. If unpunished, it brought
upon the State the anger of its gods. State courts were now compelled
to sit in judgment on all cases of homicide which occurred within the
State: no longer were the tribes permitted to adjudicate for intra-tribal
slaying. They could still hold ‘minor investigations’ at their local
Prytaneum; though we cannot agree with Müller and Philippi in describing
as a ‘mock-trial’[70] their investigations into the guilt of animals and
inanimate objects (δικαὶ ἀψύχων). But the man ‘who shed man’s blood’ had
now to appear before the central tribunals of the State: all men had to
appear, not merely the aristocratic heirs of tribal privilege. This, in
our view, is what happened in the seventh and sixth centuries B.C. In
the circumstances of the time it was an event of incalculable utility
to Greek societies. But the lustre of the event and the chaos which it
terminated have dazzled the minds of modern thinkers so much that they
forget the older and, for the period of its power, the equally effective
vigour of the courts of the tribal State. _Thus, what Glotz and Bury have
attributed to the evolution of State power is really to be attributed to
the new non-tribal democracy and the religion of Apollo._
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