The evolution of homicide trials in Classical Athens from Greek religious laws and practices
Date
1999
Authors
Wright, Andrea Lee
Major Professor
Advisor
Avraamides, Achilles
Committee Member
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Abstract
This thesis demonstrates that the homicide laws and practices of Classical Athens evolved from religious "laws" and practices from the earlier periods of the Greek religion, and that the belief which most readily promoted the development of homicide trials was restoring honor to those who had lost it through wrong-doings. The ideas of honor and justice were the central concepts of the early Greek religious beliefs, and it was just those ideas of honor and justice that led to the evolution of the Athenian legal system. In the Greek religion, men used the practice of sacrifice to honor the gods, who were angered by murderers and punished them before they shared their pollution with the city. In the Classical Age the concepts of honor and justice are seen in the statutes and procedures of homicide trials.
When a person was wrongfully killed, his honor was injured and was restored only by punishing the guilty person. By following the development of honor, justice, and pollution in murder trials, we saw how homicide trials evolved from these religious beliefs. This thesis begins with discussion of the homicide laws and practices of Classical Athens in order to set the stage for the ideas that will be examined in both the legal and religious arenas (pollution, oaths, justice, penalty, and vengeance). Next these ideas are defined for the religious beliefs where the ancient tragedies and epics are vital. Finally it looks to the actual evolution of the homicide trials from a simple blood-revenge system which is seen in the Homeric epics, to the familiar legal practices of Classical Athens which we know from the orators.
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thesis