Expert: Maria - 1/31/2008

Question
I am interested in learning more specifics about Draconian Laws; unfortunately looking online or in library computers, what shows up is articles about countries implementing Draconian laws or sometimes a fictional series of novels.  Are there any books focusing (even partly) on this period of Greek history, and more information on the surrounding circumstances?

Answer
Hello,

Actually we know little or nothing about Draco (or Dracon)  who is said to have  introduced the first written legislation in Athens around 621 B.C. and had the merit of substituting public justice for personal revenge.

Anyway, besides the primary sources on Draco's laws I’ll mention below, I can suggest the following  books which focus on this period of Greek history:

-"Law and Justice in the Courts of Classical Athens" by Adriaan Lanni (2006)

-"Drakon and Early Athenian Homicide Law"  by Michael Gagarin (1981)

-"Rhetoric and the Law of Draco" by Edwin Carawan.

As for the primary sources on Draco's laws, here they are:

1-on Draco's laws in general see:
-Aristotle, Athenian Constitution, 4
at: http://www.perseus.tufts.edu/cgi-bin/ptext?lookup=Aristot.+Ath.+Pol.+4

"And after this when a certain moderate length of time had passed, in the archonship of Aristaechmus, DRACO enacted his ordinances ; and this system was on the following lines......"

-Plutarch, Parallel Lives, Life of Solon,
See http://www.perseus.tufts.edu/cgi-bin/ptext?lookup=Plut.+Sol.+17.1 where we read:

XVII."In the first place, then, he repealed the laws of DRACO, all except those concerning homicide……..”

2-on laws of Draco for Athenians on homicide see:

-Pausanias, Description of Greece, 6.11.6 at:http://www.perseus.tufts.edu/cgi-bin/ptext?lookup=Paus%2e+6%2e11%2e6
[6] "When he departed this life, one of those who were his enemies while he lived came every night to the statue of Theagenes and flogged the bronze as though he were ill-treating Theagenes himself. The statue put an end to the outrage by falling on him, but the sons of the dead man prosecuted the statue for murder.So the Thasians dropped the statue to the bottom of the sea, adopting the principle of DRACO, who, when he framed for the Athenians laws to deal with homicide, inflicted banishment even on lifeless things, should one of them fall and kill a man”.

3-on adultery: Pausanias, Description of Greece, 9.36.8
See at:http://www.perseus.tufts.edu/cgi-bin/ptext?lookup=Paus%2e+9%2e36%2e8
[8]"This Hyettus was the first man known to have exacted punishment from an adulterer.Later on, when DRACON was legislator for the Athenians, it was enacted in the laws which he drew up for the Athenians that the punishment of an adulterer should be one of the acts condoned by the State.”.

Hope these suggestions can be helpful to you.
Best regards,
Maria