História do Direito / 6ª-B Aula: Lei de Drakon

Lei de Drakon

Diognetos of Phrearrhos1 was Secretary, | Diokles was Archon.2 | Resolved by the Boule and the People, Akamantis held the prytany, [D] io[g] |netos was Secretary, Euthydikos presided, [. .]e[. . .] anes 
5 made the motion. The || law of Drakon about homicide shall be inscribed by the Recorder|s of the laws (Anagrapheis), after they have received it from the King Archon, jointly with the Secretar|y of the Boule, on a marble stele, and they shall set it up in front of the Sto|a Basileia. The Poletai shall let the contract according to the la|w. The Hellenotamiai 
10 shall supply the money. || First Axon.3 vv | Even if without premeditation [someone kills someone, he shall be exiled.] Ju|dgment shall be passed (on him) by the Kings4 as guilty of homicide 5 either (?) [-17-] or (?) the man who plo |tted (the death). The Ephetai shall give the verdict. [Pardon may be granted, if the father] is aliv|e, or brothers, or sons, by all of them (in agreement), or the one [opposing it shall pre- 
15 vail: if none] of th||ese men exists, (then by the male relatives) as far as the degree of cousin's son and [cousin, if all] | are willing [to pardon]. The opposer shall prevail. [If none of these exists, and the] kil|ling was involuntary, and judgment is passed by the [Fifty-One, the Ephetai, that it was involuntary] | homicide, he may be admitted (into the country) by [members of his phratry, ten in number, if they wish. These] th | e Fifty-One [shall elect] according to their rank. [And those 
20 also who] prio||r (to this time) committed homicide [shall be bound by this ordinance. Proclamation shall be made] against the homicide [in the] agora6 [(by relatives) as far as the degree of cousin's son and cousin. Prosecution shall be made jointly] | by cousins, [sons of cousins, sons-in-law, fathers-in-law] a|nd members of the phratry [-36-] 
25 respons| |ible for homicide [ 26- The Fifty-]|| One [-42 -] of homicide | are convicted 1-35-If] anyone | [kills the homicide or is responsible for his murder when he has kept away from the market] on the fro|ntier and [from the games and from the Amphictyonic rites,7 (then) just as one by whom an] Athenian is k|illed:, [just so shall he be treated. 
30 The verdict shall be brought in by the] Ephetai || [---] | [---] | [---] 
35 [- initiating] ac|ts [of injustice --] acts of injustice, should k||ill [- - Verdict shall be brought in] by the E|phetai [--] he is a fre|e man. And [if a man unjustly carrying away one's property by force is immediately] repelle|d and killed, [ there shall be no recompense for his death--] [ ]8 
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1 From the time of Kleisthenes, citizens of Athens were officially identified by the name of the deme in which they were registered. 
2 I.e. of 409/8 B.C., when this law was published on stone. The first two lines are set out as a heading. 
3 This heading is written in slightly larger letters, more widely spaced. 
4 This is either a reference (in the plural) to the king archon of different years or to the phylobasileis. 
5 Stroud; 'decide on the cases of the homicide' and 'hold trials for accusations of homicide' are alternative explanations. 
6 The word can mean either 'in the marketplace' or 'in the Assembly.' 
7 I.e. those common to all Greeks as members of the League. 
The inscription continues for more than twenty lines, with only a few letters 
preserved on the right-hand edge. But 'Second Axon' can be restored on line 56 
from traces of letters set out as in the heading in line 10. 
8 The inscription continues for more than twenty lines, with only a few letters preserved on the right-hand edge. 

Archon: "Leader" of the state; each year is named after the official elected to maintain family lines, conduct religious festivals, regulate calendar; one of Nine Archons elected to administer laws and conduct wars 
Axon: wooden tablet inscribed with laws 
Boule: 500 citizen males selected by lot, 50 from each of the 10 demes, to preside over Assembly ("the People"), supervise magistrates, administer finances 
Ephetai: the "Fifty-One" jurors who try homicide cases under the archon basileus 
Hellenotamiai: treasurers who receive tribute payments and pay for state expenses 
Poletai: elected officials who apportion state contracts 
Prytany: rotating presidency of the Boule 
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Fornara, A: Eusebius, Chronica, in Hieronymus (Jerome) 97b6 Helm (at the year 624/3); B: IG I2 115+ (I3 104); GHI, no. 86, pp. 264-7; *R. S. Stroud, Drakon's law on homicide (Berkeley and Los Angeles 1968) 1-18, with photo in back insert. Marble stole, stoichedon, Athens. Cf. Andocides 1.83; Aristotle, Athenaion Politeia 4.1, 7.1; Plutarch, Solon 17.1. The authenticity of the law has been disputed. As the heading indicates, this stele was inscribed in 409/8 B.C. 
D.M. MacDowell, Athenian homicide law in the age of the orators (Manchester 1963) 117-25; Stroud, passim; W. T. Loomis JHS 92 (1972) 86-95; Bury-Meiggs 121; Sealey, History 99-105. 
A. Eusebius, Chronica 97b6 Helm See no. 1B at the year 624/3.
B.IG I2 115+ (I3 104)

Já modificado, um pouco…

Diognetos of Phrearrhos was Secretary, Diokles was Archon. Resolved by the Boule and the People, Akamantis held the prytany, Diognetos was Secretary, Euthydikos presided, [. .]e[. . .] anes 
made the motion. The law of Drakon about homicide shall be inscribed by the Recorders of the laws (Anagrapheis), after they have received it from the King Archon, jointly with the Secretary of the Boule, on a marble stele, and they shall set it up in front of the Stoa Basileia. The Poletai shall let the contract according to the law. The Hellenotamiai 
shall supply the money. First Axon. Even if without premeditation [someone kills someone, he shall be exiled.] Judgment shall be passed (on him) by the Kings as guilty of homicide either or the man who plotted (the death). The Ephetai shall give the verdict. Pardon may be granted, if the father is alive, or brothers, or sons, by all of them (in agreement), or the one opposing it shall prevail: if none of these men exists, (then by the male relatives) as far as the degree of cousin's son and cousin, if all are willing [to pardon]. The opposer shall prevail. [If none of these exists, and the] killing was involuntary, and judgment is passed by the [Fifty-One, the Ephetai, that it was involuntary] homicide, he may be admitted (into the country) by [members of his phratry, ten in number, if they wish. These] the Fifty-One [shall elect] according to their rank. [And those also who] prior (to this time) committed homicide [shall be bound by this ordinance. Proclamation shall be made] against the homicide [in the] agora [(by relatives) as far as the degree of cousin's son and cousin. Prosecution shall be made jointly] by cousins, [sons of cousins, sons-in-law, fathers-in-law] and members of the phratry responsible for homicide [ 26- The Fifty-] One of homicide are convicted If anyone [kills the homicide or is responsible for his murder when he has kept away from the market] on the frontier and [from the games and from the Amphictyonic rites,(then) just as one by whom an] Athenian is killed:, [just so shall he be treated. 
The verdict shall be brought in by the Ephetai [---] | [---] | [---] 
initiating acts of injustice acts of injustice, should kill [- - Verdict shall be brought in] by the Ephetai [--] he is a free man. And [if a man unjustly carrying away one's property by force is immediately] repelled and killed, [ there shall be no recompense for his death