Dragon, or Drakon, is an Athenian legislator whose extremely harsh laws contributed to the emergence of such a popular expression as "draconian measures", which refers to excessively severe punishments that contribute to some extent to strengthening the state by more clearly formulating it basic legal principles.
Archaic judicial system
As you know, the inhabitants of Attica (the area where Athens was located) in the 7th century. BC e. still continued to act in accordance with the most ancient tribal laws. Their norms for a modern person may seem too cruel. By that time, royal power here had long since disappeared, so the policy was ruled by chiefs or archons, who were elected from among the most distinguished people.
In fact, only 9 people ruled Athens then. Chief among them was the archon-eponym - the first person in the policy, the archon-basileus de alt with issues related to religion, the archon-polemarch was in charge of military affairs, and the remaining six archon-thesmothetes led the city magistracies and monitoredover the implementation of the law and the activities of the court.
Kilon Troubles
Already at the end of the 7th c. BC e. the population of Athens began to understand that jurisprudence in the form in which it existed urgently needed to be changed. The first reason that pushed the authorities to such a judicial reform was the troubled times, which demanded more severe punishment for encroachment on private property, and the second was the growing discontent of the people caused by the arbitrariness perpetrated by aristocratic judges who interpreted the laws as they pleased.
Historians believe that one of the factors that significantly accelerated the writing of new judicial rules was the so-called Kilon Troubles. It is believed that somewhere between 636 and 624 BC. e. a certain aristocrat Colon made an attempt to seize power in the policy by force, but nothing came of it, as he was prevented by people belonging to the aristocratic family of Alkmeonids. Their reprisal was so cruel that the rebels, even those who took refuge at the altars of the gods, were immediately killed. Such arbitrariness of aristocrats and desecration of shrines so outraged the Athenians that they cursed all the Alcmeonids.
New legislation
After the Kilonov conspiracy, which in case of victory could lead to the power of tyrants, Eupatrides were obliged to at least somehow demonstrate their state activities. That is why the Athenian law was decided to be improved. This work was entrusted to one of the six archons -fesmofetes. The choice fell on Dragon, as he enjoyed great respect in society and was a conscientious and energetic person. He did all the necessary work during 621 BC. e. And as a result, the Laws of the Dragon were born.
Until now it is believed that this document was the first written judicial law in force on the territory of Athens. Although this statement is highly controversial. It would be more correct to say about the first written legislation that has survived to this day, since usually any rules are only a processing of norms that once existed before. An example in this case is Aristotle's statement that back in the 80s of the same century, the archons-Thesmothetes were already engaged in similar work.
General characteristics of Draco's laws
The main achievement of the updated norms is the more clearly defined duties of officials, as well as the principles and procedure for their election to office. Although the code of laws of Draconta contained some articles on the political structure of the state, however, they were not the main ones in this collection, as its title, “Customs”, also indicates.
The new rules were based on more clearly defined pen alties for various kinds of offenses. Some of Draco's laws no doubt seem unnecessarily cruel. Take, for example, such an innocent offense as stealing fruits or vegetables, and after all, the death pen alty was due for it! But the murder of a thief, committed for the purpose of self-defense or the return of hisproperty, it was not considered a crime at all. The death pen alty was relied upon for murder, arson and desecration of a shrine. Dracont even provided for such a norm, which seems completely meaningless - the punishment for killing inanimate objects.
Real innovations in criminal law
As you know, the laws of Draco became a reflection of the progress in development that took place at that time in Athenian society. For the first time, a clear division of murders into manslaughter, premeditated and committed in the process of defense appeared. Separately, crimes related to the deprivation of life of seducers of sisters, wives, daughters and mothers were considered. Murders committed during sports competitions, as well as as a result of various accidents, fell into the same category.
The prerogative of the archaeopagus was to consider exclusively intentional crimes that entailed human casu alties. The punishment for such murders was the death pen alty. The unintentional ones were de alt with by special boards, consisting of effets, whose age exceeded 50 years. Manslaughter was usually punished by the expulsion of the perpetrator. Various fines, such as bulls, were applied to citizens who committed a number of other crimes.
It must be said that the laws of Draco in Athens acted effectively and were largely aimed at overcoming the blood feuds common at that time, since it was strictly forbidden to repair lynching. In this case, the responsibility for the murder fell only on the one whocommitted, and not for the whole family, as before. In addition, the person who incited the murder was also punished.
Meaning
The Draco laws approved by the Athenian society, the characteristics of which were given above, clearly indicated that it sought to get rid of outdated tribal customs and introduce an updated model of state and class relations into its life.
Despite these rather rigid legislative acts, the development of Greek law still moved a step forward. Since the writing of the new rules, the aristocrats who sat in the courts were limited in their actions by clearly defined rules, the implementation of which could be easily verified.
Cancel
Most historians claim that all the laws of Draco were in force on the territory of the policy until 594 BC. e., until Solon, an Athenian aristocrat and a successful merchant, began to carry out his reforms. He canceled most of the rules established in 621 BC. BC, but left those that de alt with self-defense and manslaughter. It is worth noting that Dracon himself, despite his strict laws, was highly respected in ancient times, and his name is now on a par with the world's best legislators.
