Keith Mack
Draco, an Athenian aristocrat and legislator, is credited with creating the first written law code of Athens, known as the Draconian Constitution, in the 7th century BCE. The code was established to address the unfair exploitation of oral laws by the aristocratic class, which often resulted in blood feuds and a lack of justice for the majority of Athenians. Draco's laws were famously harsh, with the death penalty being imposed for even minor offenses. The term draconian is still used today to describe unusually harsh punishments or rules.
| Characteristics | Values |
|---|---|
| Name | Draco |
| Occupation | Legislator |
| Time Period | 7th century BCE |
| Law Code | Draconian Constitution |
| Law Characteristics | Very harsh, Brutal, Written in blood |
| Law Focus | Equality before the law, Reducing arbitrary decisions, Ending blood feuds |
| Law Amendments | Repealed by Solon, except for homicide law |
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What You'll Learn
Draco's identity and life
Draco, an aristocrat and legislator, is credited with creating the first written law code of Athens, known as the Draconian Constitution, in the 7th century BCE. However, beyond this, not much is known about his life and identity. Some scholars even question whether he was a real historical figure or a fictional character.
Draco's laws were enacted during the reign of the Archon Aristaechmus around 621/620 BCE. They were characterised by their harshness, with the death penalty being imposed for even minor offences. For instance, stealing a cabbage or a fruit was punishable by death. The laws also distinguished between murder and involuntary homicide, with the latter receiving a sentence of exile.
The Draconian Constitution was a significant development in Athenian democracy, as it replaced the previous system of oral law, which was often manipulated by the aristocracy. By codifying the laws, Draco aimed to reduce arbitrary decisions and blood feuds between parties. However, ultimately, his laws ended up legitimising the power of the aristocracy and enabling them to exploit the poor.
Draco's laws were later repealed by Solon, the archon in 594 BCE, who published new laws while retaining only Draco's homicide statutes. The retention of the homicide laws by Solon highlights their significance and impact on Athenian society.
While there is limited information about Draco's life, his legacy is evident in the use of the word "draconian," which has become synonymous with unusually harsh punishment and inflexible legal judgments.
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Draconian constitution
Draco, an aristocrat and literate legislator, was tasked with composing a new body of laws to reduce arbitrary decisions of punishment and blood feuds between parties. The Draconian constitution was written around 621 BC, with the aim of standardising punishments for crimes and creating a strong constitutional order. It was accessible to literate citizens and was posted on wooden tablets in public places, creating legal transparency.
The laws were particularly harsh, with death prescribed for almost all criminal offences, even minor ones such as stealing an apple or a cabbage. According to Plutarch, Draco himself stated that he considered lesser crimes to deserve the death penalty, and there was no greater punishment for more important ones. The Draconian constitution also introduced the concepts of intentional and unintentional homicide, with both crimes adjudicated by the state. This ended the practice of families taking justice into their own hands and becoming entangled in blood feuds.
The Draconian constitution also included other innovations. It established a council, vaguely characterised by Aristotle as a magistracy, and the franchise was given to those who could furnish themselves with military equipment. Hoplites, or members of the armed class, were entitled to participate in political life and could hold minor state official positions. However, to hold higher positions, property was required.
Draco's code ultimately aided and legitimised the political power of the aristocracy, allowing them to consolidate their control of land and the poor. The laws were replaced by Solon in 594 BC, except for the homicide statutes.
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Draconian laws and their severity
Draconian laws refer to the Athenian law code introduced by Draco, an aristocratic legislator, around 621 BCE. Draco was the first legislator of Athens and is responsible for providing the city with its first written law code.
Draconian laws were enacted in response to the unjust interpretation and modification of oral law by Athenian aristocrats. Prior to Draco's code, the legal system in Athens was controlled by the aristocratic class, who often amended the law to benefit themselves. This led to an unfair system that was easily exploited by the aristocracy.
Draco's laws were intended to reduce arbitrary decisions of punishment and blood feuds between parties. However, they became infamous for their harshness and brutality. The laws were said to be written in blood rather than ink, with death prescribed as the punishment for almost all criminal offenses, even minor ones such as stealing a cabbage. Plutarch quotes Draco as saying that he had fixed the punishment of death for most offenses because he considered these lesser crimes to deserve it, and he had no greater punishment for more important ones. The laws also included provisions for intentional and unintentional homicide, with both crimes tried by the state rather than through blood feuds.
Draconian laws granted equality before the law to all citizens of Athens regardless of heritage, social class, or wealth. However, the severity of the punishments imposed by these laws was often disproportionate to the crimes committed. Less than half a century later, all of Draco's laws, except for the homicide law, were repealed and replaced by new laws established by Solon of Athens.
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Homicide law
Draconian laws, the traditional Athenian law code, were allegedly introduced by Draco around 621 BCE. The laws were most noteworthy for their harshness and were said to be written in blood instead of ink. Death was prescribed for almost all criminal offences, including stealing food and murder.
Draco's laws distinguished between murder and involuntary homicide. Murder was punishable by death, while involuntary homicide received a sentence of exile. According to Plutarch, when asked about the harshness of his laws, Draco replied that he considered the lesser crimes to deserve death, and he had no greater punishment for more important ones.
Draco's homicide laws were the only ones retained by the early 6th-century BC Solonian Constitution. An inscription from 409/8 BC refers to "the law of Draco about homicide". The text of the homicide law is partially preserved in a fragmentary inscription, stating that it is up to the victim's relatives to prosecute a killer.
Draco's laws were designed to address the issues of the time, including the arbitrary interpretation and modification of oral law by Athenian aristocrats, which often resulted in blood feuds and vendettas. By creating a written code, Draco ensured universal access to and awareness of the law among all literate citizens.
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Athenian democracy
Draco's code was established around 621 BC, during the 7th century BC, when Athens was ruled by an aristocracy. Prior to this, the legal system was open to exploitation by the aristocratic class, who could manipulate oral laws for their own benefit. Draco's code aimed to reduce the arbitrary decisions of punishment and blood feuds between parties.
The Draconian Constitution was accessible to literate citizens and was inscribed on wooden tablets, which were displayed publicly. The laws were famously harsh, with the death penalty being a common punishment, even for minor offences. For example, stealing a cabbage or an apple could result in execution. The Draconian Constitution distinguished between murder and involuntary homicide, with both crimes being tried by the state.
Draco's laws were ultimately replaced by Solon in 594 BC, who repealed all laws except for those concerning homicide. The adjective "draconian" is still used today to refer to unusually harsh punishment.
Athens is also known for its practice of ostracism, which was implemented to preserve democracy. This involved an annual vote to decide if Athens was at risk of tyranny, and if so, another vote would take place to decide which individual was to be ostracized. If a man received over 6,000 votes, he would be placed into exile for at least ten years.
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Frequently asked questions
Draco, an aristocrat and legislator, created the first written code of laws in Athens.
Draco established his code of laws in 621 or 622 BC, near the end of the 7th century BC.
Draco's code of laws, also known as the Draconian constitution, was characterised by its harsh penalties, including the death penalty for most offences, including minor crimes. The laws were written on wooden tablets and displayed publicly.
Draco was tasked with composing a new body of laws to replace the existing system of oral law, which was controlled and exploited by the aristocratic class. The new written code of laws was intended to reduce arbitrary decisions and blood feuds between parties.
