Poine (right)

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Poine ( ancient Greek ποινή [ poiné ]) was a compensation in ancient Greek law .

In Homer , poine is used both in the sense of wergeld for a slain, and in the general sense as revenge or retribution. The term was later expanded to include all fines that private individuals could receive. In the formula nepoinei tethnaiai ( νηποινεὶ τεθνάναι [nēpoineí tethnánai] "to kill with impunity") the term lived on for a long time in the sense of wergeld as a negative . In contrast to Atimia , a person punished with this judgment not only lost his civil rights, but also all legal protection, and could therefore be killed with impunity.

In Roman law , Poine was adopted Latinized as Poena , where it generally stood for a penance or punishment. First, it referred to herein is a ransom, which was made the renunciation of revenge at body offenses in return, became increasingly broader and finally called any breach of the law, regardless of whether it is a public crimen or a private law delictum acted. After the expansion of the term in Roman law, the meanings developed there were transferred back into Greek law, which means that Poine could also include penalties or corporal punishments to be paid to the state .

In Greek mythology , Poine appears as the personification of retribution in the tragedy poet Aeschylus .

literature

Remarks

  1. ↑ Homer, Iliad 18,498.
  2. ↑ For further references for both meanings see A Greek-English Lexicon , ποινή
  3. ^ Hans Julius Wolff : Contributions to the legal history of ancient Greece and Hellenistic-Roman Egypt . Böhlau, Weimar 1961. p. 10; 35.
  4. ↑ For example Demosthenes , Orationes 23:60 .
  5. ↑ Julie Velissaropoulos: Nēpoineí tethnánai . In: Michael Gagarin (Ed.): Symposium 1990. Lectures on Greek and Hellenistic legal history (= files of the Society for Greek and Hellenistic Legal History , Volume 8). Böhlau, Vienna / Cologne / Weimar 1992, ISBN 978-3-412-00192-6 , pp. 93-105.
  6. ↑ Twelve Tables Act 8, 3–4.