ドラコンの殺人の法とアテナィ市民団

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タイトル別名
  • Drakon's Law on Homicide and the Athenian Citizen-body

抄録

In this paper, the author considered the significance of the Drakon's legislation in 624 B. C. for the formation of Athenian democracy. There is little information about the content of his legislation, but fortunately we have fragments of his law on homicide which the inscription of 409/8 B. C. and the orations of Demosthenes have handed down to us. On the examination of these fragments, the author reached the following conclusions.<BR>(1) Before the legislation of Drakon, there existed two kinds of court of homicide according to the status of a murderer. If he belonged to an aristocratic family, the council of the Areiospagos tried the case, but if he was a commoner, the basileus tried the case by himself in the court of Prytaneion.<BR>(2) Drakon divided the concept of homicide into intentional, unintentional and lawful according to the intent of a murderer. In the case of unintentional and lawful homicide, he abolished old legal procedures and established new court of ephetai which tried the case.<BR>(3) The meaning of Drakon's legislation for the history of Athenian democracy were the clarification of the frame of citizen-body in the sphere of law and the first promotion of equality within it by establishing new court of ephetai.

収録刊行物

  • 法制史研究

    法制史研究 1985 (35), 1-47,en3, 1986-03-30

    Japan Legal History Association

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