By Edwin Carawan
Trials for homicide and manslaughter in old Athens are preserved in an outstandingly complete and revealing checklist. Carawan bargains a scientific therapy of Athenian murder trials, outlining the historic improvement of the legislation, from Draco to Demosthenes, and studying the surviving speeches written for such lawsuits.
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Crucial to Treston's view is the clause µηδε ποινα + ν in the law cited Dem. 23. 28; but, as we shall see, this clause is unlikely to be an authentic Draconian provision. Glotz, on the other hand, Solidarité esp. 314-21, held that blood price persisted into classical times. MacDowell, AHL1-5, 141-50, and Gagarin, Drakon, 164-7, question the impact of pollution doctrine. -17homicide courts was dictated by this religious movement: the Prytaneum court was established to condemn and expel impersonal objects tainted by the killing; and the special trial at Phreatto harbour was arranged so that the tainted killer should not even set foot on Attic soil.
J. Wolff, 'The Origin of Judicial Litigation', Traditio, 4 ( 1946), esp. 74; E. Heitsch, 'Der Archon Basileus . ', Symposion1985 ( 1989). 7J. -8It is perhaps difficult at first to see how such theories have shaped modern interpretation of homicide trials two hundred years after Draco and Solon. Why should we bother with the old question of which came first, the Areopagus or the ephetai? But if we follow out the implications in the scholarship, we can see that the Areopagite model has fostered certain assumptions about what was at issue and how it had to be argued.
In more recent work arguing priority of the ephetai, promising approaches have been offered by Ruschenbusch, ' ΦΟΝΟΣ' ( 1960), R. Sealey, 'The Athenian Courts for Homicide', CP 78 ( 1983), and Wallace, Areopagos Council ( 1989). , Wilamowitz, AA ( 1893), ii. 199; G. Glotz, La Solidariti de la famille dans le droit criminel en Grèce ( Paris, 1904), esp. ; Histoire grecque ( Paris, 1925), i. 420-4; Maschke, Willenslehre ( 1926), 42-3. The current version of the Areopagite model is found in Busolt and Swoboda ( 1926), ii.