The concept of justice to Ancient Greeks seems too distant in the past. Its tenets may appear to be too barbaric and savage. Nevertheless, there are principles of Ancient Greek justice that have stood the test of time. They remain applicable even in our contemporary society. Its ideals have informed and still inform the policies and instruments for maintenance of social order and stability. This paper seeks to expose the approach of justice adopted by Ancient Greeks. It will analyze its utility in maintenance of social order and assess how the said ideals have stood the test of time. Furthermore, it will examine its relevance to contemporary justice framework.
Since time immemorial justice was viewed as a social utility. To this end, it was regarded as a means of establishing and maintaining social order. As a result, it derived its utility from punishment. According to ancient Greek writings, acts that were seen as amounting to violation of justice were accompanied by punishment in the form of violence. Violence was meted upon those who were deemed to have perpetrated the injustice in question.
The Orestia for instance depicts a society where violence upon those who transgressed against others was a necessary tool in guarantying justice. Accordingly, Clytemnestra perceives violation of justice in the taking of her daughter. Consequently, she envisages violence against her husband for failure to ensure unadulteration of justice and moral order. On the other hand, Orestes becomes cognizant of the need to avenge his father. He acknowledges the need to commit more violence so as to right the wrongs committed by his mother. As a result, he posits: “Shall I be afraid to kill my own mother?” This is a clear manifestation of realization of justice by means of inflicting violence as a necessary instrument through which order and stability can be maintained in a social setting.
The same trend is depicted in the Iliad of Homer. At some point, Agamemnon successfully persuades his brother to believe that justice has been violated by the Paris in taking of Helen. Hector and Trojans are also made to believe that justice to troy was violated. As such, they see the need to take up arms and fight alongside Troy.
Additionally, following the capture of Chryses’ daughters, Chryseis and Briseis who were then gifted to Agamemnon and Achilles by Achian troops during one of the raids in a neighboring city, Chryses feels that his justice has been violated. Recognizing the need to exact vengeance by means of violence, Chrises pleads with Apollo to visit violence upon the Achians. Consequently, the achian camp is plagued. Pressed by severity of the plague, both Agamemnon and Achilles surrender the two maidens in order to appease Apollo.
Morover, Achilles kills Hector in order to avenge the death of Patroklos. Thereafter, he mutilates his corps by mercilessly dragging it around the walls of Troy. Odysseus on the other hand returns to Ithaca and kills a hundred and eight of Penelope’s noble suitors. Besides, he slaughters his own disloyal servants
What stands out from the Ancient Greek writings is that vengeance was a necessary means of reciprocal justice. More so, it was more or less predicated on fair measure. To this end, there were attempts to always ensure that the punishment meted on the aggressors was proportional to the violations of justice committed by them. Additionally and most importantly, the violence in question was meted on the aggressor. Furthermore, there are accounts in the Iliad of Homer to the effect that the violence in question restored the aggrieved person’s honor and pride alongside social stability and order.
Moreover, there are accounts in the Iliad of Homer that demonstrate that vengeance although executed by the aggrieved party on most cases was not a matter of self gratification and personal gain. Conversely it required sacrifices by both the aggressor and the aggrieved. For instance, Menelaus in whose cause the Trojan War is being fought is tempted to accept a large ransom in exchange for the release of a Trojan captive. However, he ends up killing the captive upon being reminded by his brother that the proper punishment demanded by the occasion is death. In another instance, Agamemnon foregoes a ransom of gold and wrought iron by choosing to kill two Trojan captives for whose release the ransom was offered. This manifestation of clear separation between material profit and vengeance gives credence to the fact that punishment during such primitive periods was characterized by some degree of consistency and based on proportionality principle as discussed above.
With regard to adherence to proportionality principle, there were measures to ensure that the vengeance exacted on the aggressors did not amount to undue cruelty in as much as there were checks on clemency as canvassed above. This is demonstrated by Achilles’ choice to drag Hector’s body on wheels after dragging him on the ground for some time. Whereas this act can be explained by a number of inferences, it does not exclude the conclusion that Achilles might have thought that the punishment had exceeded the violation of justice for which he was being punished.
In Odyssey for instance, Odysseus cuts short his old nurse’s triumphant celebration on account of impropriety in glorying over dead mean. Here, the suitors had paid for their intrusive acts. As a result, further insults would be unfair to them and amounts to double jeopardy.
In conclusion, the principles of justice adopted by the Homeric society did not die with them. They were passed on to the next generations. As a result they were a legacy inherited by the Greek scholars such as Plato and Aristotle. They undoubtedly influenced their works. The same notion of justice was reformed in the great minds of the Classical era. More so, the notion still finds generous expression in our contemporary justice system. Its influence is manifested by reciprocity and proportionality principles associated with distributive justice as we know today.
Bibliography
Bell, Richard H. 2007. Rethinking Justice: Restoring Our Humanity. New York: Rowman and Littlefield Publishers .
Bloom, Harold. 2007. The Iliad - Homer, Updated Edition. New York: Infobase Publishing.
Houghton Mifflin Harcourt. 2016. The Iliad. Accessed March 15, 2016. http://www.cliffsnotes.com/literature/i/the-iliad/summary-and-analysis/book-i.
Stanton, Judith. 1984. "Research Note: A New Perspective on Revenge in Homer." Bridgewater Review 2 (2): 26-27.
