Keith Mack
Draco, an aristocrat and legislator, was responsible for providing Athens with its first written law code, which came to be known as the Draconian Constitution. The code was established around 621 BCE, and was written to replace the system of oral law that was manipulated by the aristocracy. Draco's laws were known for their cruelty and bias towards the rich, with death prescribed for almost all criminal offenses. The adjective draconian is now synonymous with unusually harsh punishment.
| Characteristics | Values |
|---|---|
| Time of creation | Around 621 BCE |
| Creator | Draco, an aristocrat and legislator |
| Aim | Reducing arbitrary decisions of punishment and blood feuds between parties |
| Nature | Cruel, harsh, brutal, biased towards rich landowners |
| Punishment | Death for most offences, slavery for debtors |
| Applicability | Only enforced by a court of law |
| Format | Written in blood on wooden and stone tablets |
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What You'll Learn
The first written law code in Athens
In the 7th century BCE, Athens was an oral society with no written laws. This meant that the legal system was open to exploitation by the aristocratic class, who could interpret and modify the law for their own benefit.
Around 621 BCE, the people of Athens commissioned Draco, an aristocratic legislator, to devise a written law code and constitution. This was to be the first written law code in Athens. Draco's code was written on wooden tablets, which were displayed in a central location accessible to all literate citizens. The laws distinguished between murder and involuntary homicide, a novel concept at the time.
Draco's laws were known for their harshness and cruelty, with the death penalty prescribed for almost all criminal offences, even minor ones such as stealing a cabbage. According to Plutarch, when asked about the severity of the punishments, Draco replied that he considered the lesser crimes to deserve death, and for the greater ones, no heavier penalty could be found. The laws also displayed a bias towards the rich landowners, with debtors forced into slavery if their status was lower than that of their creditor.
Draco's code was ultimately unsuccessful and did not last long. It was replaced by Solon's reforms in 594 BCE, which were considered to have laid the foundations for Athens' later "perfect" democracy. However, Solon retained Draco's homicide statutes, and the term ""draconian" has since entered the language, synonymous with unusually harsh punishment.
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Cruel and biased laws
Draco's laws were known for their cruelty and bias towards the rich. The laws were the first written Athenian laws, replacing the previous system of oral law that was manipulated by the aristocracy. The laws were written on wooden and stone tablets, making them accessible to literate citizens. According to tradition, they were written in blood.
Draco's laws were particularly harsh, with the death penalty prescribed for most offences, including minor crimes such as stealing a cabbage or an apple. For example, any debtor whose status was lower than that of their creditor was forced into slavery. The punishment was more lenient for those owing a debt to a member of a lower class.
The laws also displayed a clear bias towards the rich landowners, as opposed to those who were in debt. For instance, political rights were given to lower-rank lords, while those seeking higher positions were required to have a certain level of wealth and family status.
Draco's laws were ultimately unsuccessful in their aim and were replaced by Solon's reforms in 594 BCE. However, Solon retained Draco's homicide statutes, which distinguished between murder and involuntary homicide.
The term “Draconian” has since become synonymous with unusually harsh punishment and severe, brutal laws.
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The death penalty for minor crimes
Draco is known for creating the Draconian constitution, or Draco's code, a written law code enforced in Athens around the end of the 7th century BC. The people of Athens commissioned Draco to devise a written law code and constitution, granting him the title of the first legislator of Athens.
Draco's laws were known for their cruelty and bias towards the rich. They were so harsh that the term "draconian" has since become synonymous with unusually harsh punishment. According to Plutarch, when asked about the severity of his punishments, Draco himself replied that lesser crimes deserved the death penalty, and for greater crimes, no heavier penalty could be found.
Draco's code was the first written Athenian law, and it established a constitution that enfranchised hoplites, or lower-class soldiers. The laws were written on wooden tablets, making them accessible to literate citizens. They distinguished between murder and involuntary homicide, a novel concept at the time. The death penalty was the punishment for even minor offences, such as stealing a cabbage or an apple.
Draco's code aimed to reduce arbitrary decisions of punishment and blood feuds between parties. However, ultimately, the laws aided and legitimized the political power of the aristocracy, allowing them to consolidate their control of the land and the poor.
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The origin of the term 'Draconian'
Draco was an aristocrat and legislator who, in the 7th century BCE, was tasked with composing a new body of laws for Athens. He replaced the system of oral law, which was often manipulated by the aristocracy, with a written code to be enforced only by a court of law.
Draco's laws were known for their cruelty and bias towards the rich. They distinguished between murder and involuntary homicide, a novel concept at the time, and established the death penalty for most offences, including minor crimes such as stealing a cabbage or an apple. According to Plutarch, when asked about the severity of the punishments, Draco replied that he considered the lesser crimes to deserve death, and no heavier penalty could be found for greater crimes.
Draco's code was ultimately replaced by Solon in 594 BCE, who repealed all of the laws except for those on homicide. The adjective "Draconian" has since entered the English language, referring to unusually harsh punishment or similarly unforgiving rules or laws. The term is derived from Draco's name, which means "dragon" or serpent in Greek, and has been synonymous with harshness, severity, brutality, and unmitigated terror for much of recorded history.
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Homicide laws
Draco, an aristocratic legislator, was responsible for providing Athens with a written law code, known as the Draconian Constitution, in the 7th century BC. This was the first written Athenian law code, and it replaced the previous system of oral law that was open to interpretation and manipulation by the aristocratic class.
Draco's laws were known for their harshness, with death prescribed as the punishment for most offences, including minor crimes such as stealing a cabbage or an apple. The laws were reportedly written in blood, and the adjective "draconian" is now synonymous with unusually harsh punishment.
Draco's homicide laws were the only laws retained by the early-6th-century BC Solonian Constitution. The homicide laws distinguished between intentional and unintentional homicide, with both crimes adjudicated at the Areopagus. According to the preserved part of an inscription from 409/8 BC, the victim's relatives were responsible for prosecuting the killer, and unintentional homicides received a sentence of exile. It is unclear what the punishment was for intentional homicide.
Draco himself is said to have replied to those questioning his harsh penalties that, in his opinion, the lesser crimes deserved death, and no heavier penalty could be found for the greater ones.
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Frequently asked questions
Draco's laws were known for their harshness and cruelty. They were biased towards the rich landowners and were written in blood.
Death was prescribed for almost all criminal offenses, even minor ones such as stealing a cabbage.
Draco's laws were meant to reduce arbitrary decisions of punishment and blood feuds between parties. They were also meant to establish a written legal code that would be fair and practical for every social class.
No, they ultimately aided and legitimized the political power of the aristocracy, allowing them to consolidate their control of the land and poor.
Draco's laws were repealed by Solon in the early 6th century BC, except for the homicide law.
