What Have the Greeks Done for Modern Civilisation?Mahaffy, J. P. (John Pentland)
Philosophy
What Have the Greeks Done for Modern Civilisation?
Mahaffy, J. P. (John Pentland)
Civilization; Greece -- Civilization; Greece -- Intellectual life
The penalty of death was indeed inflicted, especially in the older
codes, with a frequency reminding us of the European codes of a hundred
years ago. But as regards citizens there were two mitigations which made
even these severe laws milder and more civilised than most of ours. In
the first place, there was generally facility given to the man who was
condemned to escape over the frontier, and except in cases of great
crimes against the state, extradition was not thought of. Exile was of
course a severe penalty, for it meant living abroad as a foreigner, not
protected by the safeguards that encompassed the citizens around him.
Secondly, the manner in which the death sentence was carried out was
infinitely more humane and polite than our abominable executions. The
case of Socrates is no doubt familiar to you all. He was left free of
chains to talk with his friends and the cup of poison was placed beside
him, to be taken before the setting of the sun. Even the jailor is
represented as a humane and civil man, who carried out his function with
every consideration. I will not deny that these very advanced features
in Greek law were in contrast to some still barbarous survivals; I mean
the torturing of slaves and the severity of making a death sentence
follow on the majority of one in a very large jury. But survivals of
barbarism were but yesterday frequent enough with ourselves.
Let us now turn to the characteristics of the _civil_ law, by which I
mean the laws controlling the holding of property, the making of
contracts, and bequests by testament. I cannot see in the many contracts
we have from Greece, or from Egyptian Greece, when settled by Greece
immigrants, that the general spirit or the accuracy of these documents
differs from those of our day, except that the penalties for breach of
contract seem much severer than ours. In the case of a money obligation,
the debtor who did not repay within a fixed date was commonly fined
fifty per cent. for his delay. There may have been many cases of loans
in kind, _e.g._, of seed corn, where such a penalty was not
unreasonable, for there are things which are very valuable at a certain
season, and which after that must lie useless for many months. But on
the whole I think the Greek idea of keeping a contract was stricter than
ours, and the law more severe. Such was also the case with the Roman
law, which was borrowed from the Greek.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account