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Relationship between law and society
Relationship between law and society
Role and function of law in society
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Ancient Greek Society
In the play Antigone written by Sophocles the main theme apparent in the play was law. The theme of law leads into the extensive subject of the Ancient Greek society mainly to do with the law and city-states. The city-states held an important role in the Greek society; they held their own government and the citizens thought of themselves as from their city-states not from Greece. The law of the Greeks dictated most everything they did.
Ancient Greek city-states or poleis had many different ways of living, although they all spoke Greek and considered themselves Greek. The Greek poleis first formed after what is known as The Greek Dark Ages. The Greek Dark Ages were a time when old major settlements of
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the Greeks were abandoned and a significant decline in population occurred. The Greeks still living in this time became nomadic and had different needs. Historians do not know the full extent of the Dark Ages because no records were kept of the time period which leads to the conclusion they became illiterate at the time of the Dark Ages. Eventually between a time period of 950 to 750 BC the Greeks reinvented their old forgotten literature and based their new language on the Phoenicians alphabet. During the next 200 years the Greeks population bounced back and they formed poleis. The poleis often had their own armies and sometimes even navy's if they were large enough. In these poleis the people formed their own forms of law and government for the entire population. Most of the larger poleis also used written laws to help keep their law system fair. Because of the confusion of the masses most poleis kept their laws written.
No laws or punishments were set by a governing force as the Dark Ages ended because no government force was apparent at the time. The act of committing a homicide was the base of the first written law by the Greeks because of the endless blood feuds from the family's committing revenge for the homicide. The first Greek lawmaker Draco wrote the law and the law stated if the act of murder was committed then the penalty was exile. This is one of the few laws used after Solon became the next law writer and wrote laws for the four main groups of laws the Greeks had. The four main groups of laws the Greeks had were the Tort, Family, Public, and …show more content…
Procedural. Similar to laws we have today, the Tort Laws deal punishment when someone has harmed a person or property of another person and they set rules and codes for building and payments on them. The first two law writers Solon and Draco wrote many of these laws. Some of the laws were about rape, theft, and the offense of a dog bite. The punishments for the crimes were specific and upheld by the city-states. The Family Laws on the other hand were meant for regulating the behaviors for men and women. These laws had no official punishment and were upheld by the heads of the family's. Many marital and adoption allowances appeared in the Family Laws as well. Such as laws concerning women and their kyrios, or official guardian, which was either the woman's father or husband. The next set of law was the Public Laws. The Public laws were set to dictate and to provide how public services and functions should be used to help the citizens. These laws set regulations on items such as the amount of land a man owned and it created bans such as the ban on exported goods except for olive oil by Solon. Lastly the Regulatory Laws were used to set guidelines in the judicial system on how to observe and interpret laws. Unlike any other ancient societies, the Greeks did not have any officials for their judicial system.
The Greeks did not have a professional judicial system with professional jurors or lawyers, they had what we now call amateurs. Usually the cases consisted of a prosecutor, a defendant, and the jurors. The prosecutors and the defendants were known as litigants. While the litigants argued over if the unlawful act was committed the jurors voted guilty or not depending on the arguments. These cases would usually take a day at most before the jurors would decide punishment. These "court officials" were paid little to nothing.
As you can see the Greek society needed many functioning factors to complete the poleis and law. The Greek society’s complex unofficial judicial system would not work without the specific and extensive laws written by Draco and Solon. The laws also could not have been written if it were not for the forming of the poleis after the dark ages. All of these factors are tied together and all stemmed from the theme of law from the play
Antigone.
must die." God spoke to her and she acted upon the support of a loved one.
Obedience to civil law is necessary to uphold order and peace. In the play, Antigone, by Jean Anouilh, Creon, the king of Thebes, states that anarchy is the greatest of evils and that good lives are made through discipline and lawfulness (Anouilh 42-47). Creon’s judgment and emphatic support of civil law makes him an inadequate leader because his actions in various situations lead to the untruthful messages to his people and the loss of his family members.
Additionally, Creon was certain that nobody would disobey him, as we see on page 10, and was shocked to hear that somebody buried Polynices, as he says; “What say you? What man dared to do it?” Creon truly believed that everyone would comply, which explains why the punishment is so harsh. However, when Antigone performed the unseen, how could he go back on his word and be looked at as dishonest and biased towards family members?
The play Antigone by Sophocles is about reason and opinion and reveals how people use their voice to be heard. Antigone uses reasoning and opinions to express their moral beliefs and state laws in the play. People manipulate each other by using these terms to get their way by speaking out and standing up for themselves.
In Sophocles’ Antigone, the most prominent theme is the concept of divine law versus human law. The play opens with the debate between the sisters Antigone and Ismene concerning which law comes first- the devout obligations of citizens, or civic duty. Antigone requests for Ismene to assist her in burying their brother Polyneices, though the new king Creon, has prohibited burial on pain of death. It can be argued that Creon’s edict, which deprived Polyneices of his funeral rites, is understandable. The young man had been killed perpetrating the most atrocious crime of which a citizen could be guilty, and Creon, as the responsible head of state, naturally supposed that exemplary punishment was the culprit’s right...
The ‘Law Code of Gortyn’ was a legal code regulating civil life in the ancient Greek city-state of Gortyn (southern Crete). The code was inscribed during
Socrates asks the questions he does during his court case because he feels that it is his calling from the gods; questioning the world around him is his focus. However, this idea of following and obeying the gods contradicts Plato’s thoughts in The Republic. To Plato, the justice system in Greece was built upon the ability to not only willingly follow the gods, but also to act in complete reflection with the gods and their unchanging
It is easy to assume that democratic legal standards (standards of law favored by most citizens) are involved in a constant evolutionary process. Subsequently, one is lead to the interpretation that ancient cultures would most likely subscribe to hedonistic principles; however, examination of 'The Orestia'; proves otherwise. Just like the final decree of Athena, most modern juries would see Clytaemnestra as a catalyst for Orestes homicide. This illustrates that while specific legislations evolve to mirror social change, the foundational essence of democratic trial-law remains unmolested.
Possibly the most prominent theme in Sophocles' "Antigone" is the concept of divine law vs. human law. In the story the two brothers, Eteocles and Polyneices have slain each other in battle. The new King Creon, who assumed the throne after Eteocles' death, decrees that because Polyneices committed treason against the king, he shall not be buried, but instead "He shall be left unburied for all to watch
The play “Antigone” is a tragedy by Sophocles. One main theme of the play is Religion vs. the state. This theme is seen throughout the play. Antigone is the supporter of religion and following the laws of the gods and the king of Thebes, Creon, is the state. In the play Creon has made it against the law to bury Antigone’s brother, something that goes against the laws of the gods, this is the cause of most conflict in the story. This struggle helps to develop the tragic form by giving the reader parts of the form through different characters.
The old form of justice is based upon strict enforcements and leaves no room for flexibility. It does not allow for proper consideration of the causes of crime and so leads to moral chaos. The institution of the law-courts resolves this moral chaos as the dispensation of justice will now be tempered with mercy and understanding, as in the trial of Orestes. Athena is the goddess of wisdom and she uses 'clear, persuasive reason' to bring about the new and better order of the law-courts.8 The introduction of reasoning and judgement by a jury of upright citizens resolves the moral chaos of unending violence which went along with the ancient form of justice, and allows for a more intelligent and civilised justice which can have a place in the new social order which is being heralded by the Olympians.
As shown above, Greek had two great lawgivers that attempted to create the best laws for their cities. Lycurgus laws portrayed him as a man who wanted harmony within Sparta. His reforms' goals was to create the best out of Sparta and eliminate the disease of greed, power and luxury. Solon laws depicted him as a neutralist. He realizes that in politics, he can never fully satisfy everyone but he tries his best to offer both side what he sees fit. In the end, both reforms greatly affects the Greek cities during that time and provided relief for many.
The Tragedy of Antigone is not called Creon because Antigone is more important than Creon, she is more controversial, and she is more admirable. Antigone played a bigger role than Creon in that she defied the law and started the whole play’s chain of events, eventually leading to nearly everyone’s death.
Within two classical works of philosophical literature, notions of justice are presented plainly. Plato’s The Republic and Sophocles’ Antigone both address elements of death, tyranny and immorality, morality, and societal roles. These topics are important elements when addressing justice, whether in the societal representation or personal representation.
The Positive law and the Natural law philosophies have been traced throughout history, and as this play suggests, hardly a conclusion has been made. It is much like a Socialist-Capitalist debate in many respects. Even though America is viewed as a Capitalist society and evokes Natural law morale, there are still people who preach the ways of Communism and Positivism. It is just the opposite in other countries such as China, where Communism and Positive law are rulers and people there fight for Natural rights. The debate will always be there, with people conflicting over actions done for themselves, and those done for the good of society. Antigone was the first public display of the two dissenting philosophies. That is why it holds so much more importance then just a good piece of writing. Antigone should be viewed as one of the first politically powerful works created. It defines the notion of acting for individualism against pressures to conform. To view it as something ancient would be a costly mistake, it sets the stage for radical thinking and rebellion, issues that will play a role in the future of our society.