The History and Antiquities of the Doric Race, Vol. 2 of 2Müller, Karl Otfried
History
The History and Antiquities of the Doric Race, Vol. 2 of 2
Müller, Karl Otfried
Dorians -- History; Greece -- Antiquities, Dorian; Greece -- History -- Dorian Invasions, approximately 1125-1025 B.C.
7. Now with regard to the laws themselves which Zaleucus gave to this
state about the 29th Olympiad,(1076) the testimony of Ephorus deserves
particular attention, that they were founded upon the institutions of
Crete, Sparta, and the Areopagus, and upon those of the latter in criminal
law.(1077) For this reason Zaleucus is brought into connexion with
Thaletas, the expiatory priest of Crete, and the spirit of his laws suited
the Pythagoreans (who proceeded upon the same Doric usages and maxims),
and in later days Pindar(1078) and Plato.(1079) The prohibition to all
citizens to leave their country, and to dwell in foreign states,(1080) is
of genuine Doric, and therefore Spartan character;(1081) an institution
which forms the other side of the Xenelasia. Of the same nature also is
the firmness with which the legislation was maintained, and every change
guarded against;(1082) they laboured to resist in every manner the Ionic
spirit of innovation; and if understood with a slight allowance, it may be
true that every person arriving at Locri was punished, who inquired after
novelties.(1083) In the same spirit are the measures adopted for securing
as far as possible the inalienability of landed property.(1084) The same
character is shown in the strict sumptuary laws,(1085) and the
superintendence of public morals exercised by the nomophylaces, who were,
for example, empowered to admonish and to punish slanderers.(1086) A
certain progress is, however, shown in the rude attempts at a law of
property, and a more accurate assignment of punishments.(1087) It is
remarkable that both Zaleucus and Charondas annexed a sort of
recommendation to particular laws:(1088) whereas nothing can be a greater
proof of the total failure of a system of laws, than when an endeavour is
made to demonstrate the expediency of arrangements, the truth and
necessity of which should be self-evident. This statement must not,
however, be thus understood: the meaning is, that all the laws were by a
short introduction referred to some general principle; such, for example,
as “In order not to offend the gods of the families.” “In order that the
state may be well administered, and according to the laws of our fathers.”
“Trusting that it will be salutary to the people,” (λώιον καὶ ἄμεινον, as
the Delphic oracle says on some occasion(1089)), &c.; which seem to me to
be rather ancient formulas, suited to the simplicity of the time, and
inserted from a vague religious feeling, than intended logically to
establish, to the satisfaction of the people, the wisdom and expediency of
the new laws.
Chapter XII.
Public-domain text, read in full here on John Shaqi.
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