قراءة كتاب Encyclopaedia Britannica, 11th Edition, "Greek Law" to "Ground-Squirrel" Volume 12, Slice 5

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Encyclopaedia Britannica, 11th Edition, "Greek Law" to "Ground-Squirrel"
Volume 12, Slice 5

Encyclopaedia Britannica, 11th Edition, "Greek Law" to "Ground-Squirrel" Volume 12, Slice 5

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that The trial scene. has been slain. The slayer vows that he has paid all (εὔχετο πάντ᾽ ἀποδοῦναι), the kinsman of the slain protests that he has received nothing (ἀναίνετο μηδὲν ἑλέσθαι); both are eager to join issue before an umpire, and both are favoured by their friends among the folk, who are kept back by the heralds. The cause is tried by the elders, who are seated on polished stones in a sacred circle, and in the midst there lie two talents of gold, “to give to him who, among them all, sets forth the cause most rightly” (τῷ δόμεν ὃς μετὰ τοῖσι δίκην ἰθύντατα εἴποι).

The discussions of the above passage have chiefly turned on two points: (1) the legal questions at issue; and (2) the destination of the “two talents.” (1) In the ordinary view (a), it is solely a question whether the fine or blood-money, corresponding to the Wergeld (see Wergeld, Teutonic Peoples, Britain: Anglo-Saxon) of the old Germanic law (Grimm, Rechtsalterthümer, 661 f.), has been paid or not. (This is accepted by Thonissen, Lipsius, Sidgwick and Ridgeway.) In the other view (b), it is held that the slayer “claimed to pay” the fine, and the kinsman of the slain “refused to accept any compensation” (so Passow and Leaf, approved by Pollock). (2) The “two talents” (shown by Ridgeway to be a small sum, equal in value to two oxen) are awarded either (a) to the litigant who “pleads his cause most justly before them” (so Thonissen, Shilleto and Lipsius, in accordance with the Attic use of phrases like δίκην εἰπεῖν), or (b) to the judge “who, among all the elders, gives the most righteous judgment” (so Maine, approved by Sidgwick, Pollock, Leaf and Ridgeway).

On this controversy, cf. Maine’s Ancient Law, chap. x. pp. 385 f., 405 f., ed. Pollock; Thonissen, Droit pénal (1875), 27; P. M. Laurence (on Shilleto’s view) in Journal of Philology, viii. (1879), 125 f.; Ridgeway, ib. x. (1882), 30 f., and Journal of Hellenic Studies, viii. (1887), 133 f.; and Leaf, ib. viii. 122 f., and in his Commentary on Iliad, ii. (1902), 610-614; also J. H. Lipsius in Leipziger Studien, xii. (1890), 225-231, criticized by H. Sidgwick in Classical Review, viii. (1894), 1-4.

We are told elsewhere in Homer that sometimes a man accepted blood-money from the slayer of his brother or his son, and that the slayer remained in the land after paying this penalty (Il. ix. 633). As a rule the slayer found it safest to flee (Od. xxiii. 118 f.), but even so, he might be pursued by the friends of the slain (Od. xv. 272-278). If he remained, the land was not (as in later ages) deemed to be polluted by his presence. In Homer, Orestes does not slay Clytaemestra, and he needs no “purification” for slaying Aegisthus.

The laws of Sparta are ascribed to the legislation of Lycurgus, whose traditional date is 884 B.C. Written laws are said to have been expressly forbidden by Lycurgus (Plutarch, Lycurgus, 13); hence the “laws of Sparta” are simply Greek lawgivers: Lycurgus at Sparta. a body of traditional observances. We learn that all trials for homicide came before the Council of Elders and lasted for several days, and that all civil causes were tried by the ephors (q.v.). We are also told that originally the land was equally divided among the citizens of Sparta, and that this equality was enforced by law (Polybius vi. 45-46). Early in the 4th century the ephor Epitadeus, owing to a disagreement with his son, enacted that every Spartan should be allowed to transfer his estate and his allotment to any other person (Plutarch, Agis, 5), while Aristotle, in a much-debated passage of the Politics (ii. 9. 14-15), criticizes the Spartan constitution for allowing the accumulation of property in a few hands, an evil aggravated by the large number of “heiresses”; “a man (he adds) may bestow his heiress on any one he pleases; and, if he dies intestate, this privilege descends to his heir.”

Law was first reduced to writing in the 7th century B.C. A written code is a necessary condition of just judgment, and Era of written laws. such a code was the first concession which the people in the Greek cities extorted from the ruling aristocracies. The change was generally effected with the aid of a single legislator entrusted with complete authority to draw up a code.

The first communities to reach this stage of progress were the Greek colonies in the West. The Epizephyrian Locrians, near the extreme south of Italy, received the earliest written code from Zaleucus (663 B.C.), whose strict Zaleucus at Locri Epizephyrii.
Charondas at Catana, etc.
and severe legislation put an end to a period of strife and confusion, though we know little of his laws, except that they attached definite penalties to each offence, and that they strictly protected the rights of property. Two centuries later, his code was adopted even by the Athenian colony of Thurii in south Italy (443 B.C.). Charondas, the “disciple” of Zaleucus, became the lawgiver, not only of his native town of Catana on the east coast of Sicily, but also of other Chalcidian colonies in Sicily and Italy. The laws of Charondas were marked by a Androdamas of Rhegium.
Philolaus of Corinth.
singular precision, but there was nothing (says Aristotle) that he could claim as his own except the special procedure against false witnesses (Politics, ii. 12. 11). In the case of judges who neglected to serve in the law courts, he inflicted a large fine on the rich and a small fine on the poor (ib. vi. (iv.) 13. 2). Androdamas of Rhegium gave laws on homicide and on heiresses to the Chalcidians of Thrace, while Philolaus of Corinth provided the Thebans with “laws of adoption” with a view to preventing any change in the number of the allotments of land (ib. ii. 12. 8-14).

Local legislation in Crete is represented by the laws of the important city of Gortyn, which lies to the south of Ida in a plain watered by the Lethaeus. Part of that stream forms a sluice for a water-mill, and at or near this mill The laws of Gortyn. some fragmentary inscriptions were found by French archaeologists in 1857 and 1879. The great inscription, to which most of our knowledge of the laws is due, was not discovered until 1884. It had been preserved on a wall 27 ft. long and 5 ft. high, the larger part of which was buried in the ground, while its farthest extremity passed obliquely athwart the bed of the mill-stream. It was necessary to divert the water before the last four columns could be transcribed by the Italian scholar, Federico Halbherr, whose work was completed in the same year by the excavation and transcription of the first eight columns by the German scholar, E. Fabricius. In the following year Halbherr

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