#594bce

Draco's Law Code

Draco was an aristocrat who in 7th century BCE Athens was handed the task of composing a new body of laws. We have no particular clues concerning his life and general biography and the only certainty is that, as an aristocrat and an educated man, he was in the right place at the right time in order to take his opportunity and legislate. During the infancy of the Athenian legal system Draco composed the city's first written law code with the aim of reducing arbitrary decisions of punishment and blood feuds between parties. Ultimately, though, the laws aided and legitimized the political power of the aristocracy and allowed them to consolidate their control of the land and poor. Famously harsh, the laws were ultimately replaced by Solon in 594 BCE.

Historical Background

Αfter the creation of city- states (πόλις - κράτος, polis - kratos) in Greece, around the 8th Century BCE, sovereigns in major cities like Athens started losing power. The king, in order to maintain power and safety in his city started sharing the land with various noblemen, that in the first place, had been members of his council of war. Later, these noblemen created the hoplite phalanx (οπλιτική φάλαγγα, oplitiki falagga). The phalanx was not only a military group of men but gradually shaped into a political body and eventually gained power from the King. Thus, an aristocracy was born. In Athens, the aristocrats controlled the land and they had most of the privileges, the political rights, and, of course, the money in the polis. The law was held by them and was only written for their own purposes and from their own perspective. Most Athenians had to live in relative poverty and under this regime simple workmen and farmers had no choice but to be ruled by the aristocrats. Gradually the Athenians found themselves in a city where very few held political power, money, land and, most importantly, control of the (unwritten) law.

Justice has not always been dispensed by judges operating under a written or common law equally applicable to all. In early Athens, justice was not a matter of applying a written standard to any situation or dispute. There were no explicitly written sentencing guides or judicial precedents on which to call. Rather, the victims themselves were responsible for exacting retribution or compensation for any crime. If the victim was dead, the family was left to take revenge or seek compensation. These blood feuds could last for generations as families sought to avenge a loss, rarely admitting fault and always seeking absolution. (Salowey & Northen Magill).