The Evolution of StatesRobertson, J. M. (John Mackinnon)
History
The Evolution of States
Robertson, J. M. (John Mackinnon)
Europe -- Politics and government; Great Britain -- Politics and government; Political science -- History
[The statement that Solon by law permitted the exposure of infants
is made by Malthus, who gives no authority, but is followed by
Lecky. The law in question is not mentioned by Plutarch, and I do
not find it noticed by any of the historians. It is stated,
however, by Sextus Empiricus (_Hypotyp_. iii, 24) that Solon made a
law by which a parent could put his child to death; and this
passage, which is cited by Hume in his _Essay on the Populousness
of Ancient Nations_, is doubtless Malthus's authority. Nothing
nearer to the purpose is cited by Meursius in his monograph on
Solon; but this could very well stand as a permission of
infanticide, especially seeing that the practice is presumptively
prehistoric. Petit writes: "Quemadmodum liberos tollere in patris
erat positum potestate, ita etiam necare et exponere, idque, meo
judicio, non tam moribus quam lege receptum fuit Athenis" (_Leges
Atticæ_, fol. 219, ed. Wesseling, 1742). Grote (ii, 470, _note_)
pronounces that the statement of Sextus "cannot be true, and must
be copied from some untrustworthy authority," seeing that Dionysius
the Halicarnassian (ii, 26) contrasts the large scope of the
_patria potestas_ among the Romans with the restrictions which all
the Greek legislators, Solon included, either found or introduced.
Dr. Mahaffy (_Social Life in Greece_, 3rd ed. p. 165) believes "the
notion of exposing infants from _economical_ motives not to have
prevailed till later times" than the seventh century B.C., but he
gives no reason for fixing any date. We may take it as certain that
while the laws of Lycurgus, like the Roman Twelve Tables, enjoined
or permitted the destruction of sickly or deformed infants, the
general Greek usage allowed exposure. The express prohibition of it
at Thebes (Ælian, _Var. Hist._ ii, 7) implies its previous
normality there and elsewhere (cp. however, Aristotle, _Pol._ vii,
16); and the _sale_ of children by their (free) parents was further
permitted, except in Attica (Ingram, _History of Slavery_, p. 16);
while even there a freeman's children by a slave concubine were
slaves.]
Public-domain text, read in full here on John Shaqi.
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