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The Draconian constitution, or Draco's code, was a written law code created by Draco near the end of the 7th century BC in response to the unjust interpretation and modification of oral law by Athenian aristocrats.〔"...the nobles could no longer twist the laws as they willed..." - http://www.publicbookshelf.com/public_html/The_Story_of_the_Greatest_Nations_and_the_Worlds_Famous_Events_Vol_1/whatisd_bei.html, an excerpt of ''The Story of the Greatest Nations and the World's Famous Events'' by Edward S. Ellis and Charles F. Home, PhD〕 With most societies in Greece codifying basic law during the mid-seventh century BC,〔"It was not until the middle of the seventh century BC that the Greeks first began to establish official laws." - http://chars.lin.oakland.edu/lin109/Handouts/Greek/greeklaw.html, "Early Laws"〕 Athenian oral law was manipulated by the aristocracy〔"Not only do the aristocratic families of Attica hold nearly all political power..." - http://www.historyworld.net/wrldhis/plaintexthistories.asp?historyid=ac45 (The text is set in context during the time of aristocracy of the state of Athens before the establishment of the Draconian constitution, so before circa 620 BC)〕 until the emergence of Draco's code. Around 620 BC the people of Athens commissioned Draco to devise a written law code and constitution, giving him the title of the first legislator of Athens. The literate could read the code at a central location accessible to anyone. This enactment of a rule of law was an early manifestation of Athenian democracy. ==Background== The need for written laws began with the unequal access to legal knowledge by the aristocracy and the people; the established laws of Athens were inefficiently formulated in the spoken language and often modified and re-evaluated. The aristocratic exploitation of this system began during the mid-seventh century BC, and laws were often amended to benefit the aristocracy.〔"The distinctive privilege which the nobles had always enjoyed was the exclusive knowledge and administration of the laws. They were, then, open to the charge of exercising this privilege in their own favor." - ''Athenian Political Commissions'' by Frederick Danesbury Smith〕 This triggered feuds by families ignorant of the law in an attempt to obtain justice.〔"Murders were settled by members of the victim's family, who would then go and kill the murderer. This often began endless blood feuds." - http://chars.lin.oakland.edu/lin109/Handouts/Greek/greeklaw.html〕 To minimize the incidence of these feuds, the governing aristocratic families of Athens decided to abandon their concealed system of legal proposals and amendments and promulgate them to Athenian society in writing. They authorized Draco, an aristocratic legislator,〔"He was elected as one of the nine archons, but was not the archon eponymous." - ''Athenian Political Commissions'', page 12, by Frederick Danesbury Smith〕 to construct the written constitution, and he began to write the text around 621 BC. To promulgate the new constitution, its text was inscribed on displaying device.〔"'Axones' and 'kyrbeis' are names given to structures that contained the law codes of Draco and Solon in ancient Athens during the Archaic Age." - http://ancienthistory.about.com/od/greekterms/g/Axones.htm; These two terms are debated in specificity to their materialistic structure and functionality. The following quote describes both terms: "Robertson says (such information in ''Solon's Axones and Kyrbeis, and the Sixth-Century Background (Figs. 1-2)'', ''Historia: Zeitschrift für Alte Geschichte'', (2nd Qtr., 1986), pp. 147-176 ) axones and kyrbeis were not names for the same thing: the axones were revolving wooden beams, while kyrbeis were standing pillars in the Royal Stoa." - http://ancienthistory.about.com/od/greekterms/g/Axones.htm; The following describes the term "axone" particularly: "These beams were called axones, a word meaning 'axles,' because the ends of each beam were pivoted and placed within a frame in such a way that they could be rotated." - James Sickinger, ''Literacy, Documents, and Archives in the Ancient Athenian Democracy'', ''The American Archivist'', (Fall, 1999), pp. 229-246〕 As a result, the Draconian constitution was accessible to the literate. Under the constitution a person's freedom could be used as collateral for debt, with the possibility of slavery, but this law only applied to the poor.〔"Through the laws of Draco, those in debt could be made slaves -- but only if they were members of the lower class. This means members of a genos (the gennetai) could not be sold as slaves, yet their hangers-on (orgeones) could." - http://ancienthistory.about.com/cs/greecehellas1/a/cylonanddraco_3.htm〕 Draco introduced the concepts of intentional and unintentional homicide,〔"Another result of the codification of laws by Draco -- and the only part that remained part of the legal code -- was the introduction of the concept of 'intention to murder.'" - http://ancienthistory.about.com/cs/greecehellas1/a/cylonanddraco_3.htm〕 with both crimes adjudicated at the Areopagus.〔"Any person who felt himself wronged might lay an information before the Council of Areopagus, on declaring what law was broken by the wrong done to him." - http://classics.mit.edu/Aristotle/athenian_const.1.1.html, ''Constitution of the Athenians'', Part 4 by Aristotle, Frederic G. Kenyon (translator)〕 Since murder cases were tried by the state, feuds as a form of justice became illegal. The homicide laws were the only laws retained by the early-6th-century BC Solonian Constitution.〔"We know nothing about what Drakon's () nomoi were. Solon repealed all of the nomoi of Drakon except for one about Homicide, and the Athenians quickly forgot them." - ''Solon: The Lawmaker of Athens'', Page 25 by Bernard Randall〕 Although the full Draconian constitution no longer exists, severe punishments were reportedly meted out to those convicted of offenses as minor as stealing an apple.〔"The Draconian laws were most noteworthy for their harshness..." - http://www.britannica.com/EBchecked/topic/170684/Draconian-laws〕 There may have been only one penalty, execution, for all convicted violators of the Draconian constitution〔"Athenians later said that Drakon () gave the death penalty for most crimes, even for stealing fruit." - ''Solon: The Lawmaker of Athens'', Page 25 by Bernard Randall〕 and the laws were said to be written in blood instead of ink.〔"...they were said to be written in blood, rather than ink." - http://www.britannica.com/EBchecked/topic/170684/Draconian-laws〕 These legends have become part of the English language, with the adjective "draconian" referring to harsh rules or laws.〔"The English word 'draconian,' meaning very harsh, comes from his () name." - ''Solon: The Lawmaker of Athens'', Page 25 by Bernard Randall〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Draconian constitution」の詳細全文を読む スポンサード リンク
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