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1 - Law and order

Published online by Cambridge University Press:  06 January 2010

David Cohen
Affiliation:
University of California, Berkeley
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Summary

Always mistrust the law.

Standard accounts of the history of legal institutions in Athens typically follow an evolutionary model: from an inherently unstable situation characterized by powerful aristocratic kinship groups, self-help, and weak central institutions emerges a civic legal order capable of regulating the cycles of feud and violence to which the previous instability had inevitably given rise. In literature, the moment in Athens' institutional history in which this new legal order established itself is captured in Aeschylus' Oresteia, with its depiction of the foundation of the first Athenian homicide court, the Areopagus. This dramatic foundational event represents the historical process by which the emerging polis wrested for itself the authority to enforce a final and binding resolution of disputes among its citizens. With this, the dynamic of retaliation and feud depicted in Agamemnon and Choephoroi yields to a public order maintained by a system of laws and courts. Henceforth, citizens may not pursue private vengeance for wrongs done them, but must bring their case before the representatives of the polis and submit to its judgment. The principle of blood vengeance, embodied by the Erinyes, is transformed and incorporated within the new framework of civic institutions where it will help to preserve Athens from enemies within and without.

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Publisher: Cambridge University Press
Print publication year: 1995

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  • Law and order
  • David Cohen, University of California, Berkeley
  • Book: Law, Violence, and Community in Classical Athens
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511620300.002
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  • Law and order
  • David Cohen, University of California, Berkeley
  • Book: Law, Violence, and Community in Classical Athens
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511620300.002
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Law and order
  • David Cohen, University of California, Berkeley
  • Book: Law, Violence, and Community in Classical Athens
  • Online publication: 06 January 2010
  • Chapter DOI: https://doi.org/10.1017/CBO9780511620300.002
Available formats
×