Draconian – The Harsh Laws of Draco – First Lawmaker of Ancient Athens
Draconian Law – The Death Penalty
The word draconian (Greek –δρακόντειος – drakónteios), meaning harsh, severe, cruel and drastic, derives from the name of Draco, an important aristocratic statesman and legislator, who lived in Athens in the seventh century B.C.
Draco’s laws were extremely severe and the death penalty was the punishment for almost any offense, including such minor crimes as stealing vegetables or having a tendency towards laziness!
Methods of execution included being thrown into a chasm, starvation, exposure to extreme temperatures and poisoning.
Why Draco Created his Brutal Laws
Engraved portrait of the Athenian lawgiver Draco – 1833
Before the introduction of Draco’s laws, there was no written law in ancient Athens; laws did exist but only orally and were little known to the citizens of Athens, especially the poorer ones with no status.
This made for an extremely unfair legal system.
The aristocrats owned most of the land and the land they didn’t own was under their control, they were also in control of politics and how state money was spent.
The rest of the Athenians; the “hoi polloi” (a phrase with Greek origins meaning “The Others“), were ruled over by the upper crust, lived without money or land, had no political power and had absolutely no say at all where oral laws were concerned.
Even if the common man had knowledge of these by word of mouth only laws, they were made to exclusively serve the aristocracy.
Things were so dire, that in about 621 B.C, the citizens asked Draco to abolish the system of oral law, as well as the blood feud (vendetta or clan wars), which were under the control of the aristocratic class.
They suggested he introduce new, written laws, only enforceable by a court of law.
Little did the ancient Athenians know how harsh these new laws of Draco would be, if they had known in advance, maybe they would never have requested a reformation of the system in the first place.
Ultimately though, Draco’s famously harsh laws brought about equality for the Athenians, regardless of their wealth or status, and gave us the word draconian!
The Laws of Draco
Ancient Greek law code
Draco’s laws, the first written constitution of Athens, were originally written on wooden tablets before being engraved on stone slabs which were then placed on view for the public.
The publicizing of the laws meant that all citizens were made aware of the rules and could now appeal to special courts, if they felt they had been wronged or treated unjustly.
Certain magistrates (archons) most likely played a part in overseeing legal procedures and imposing fines, however, Athens did not have a formal police force.
The enforcement of law was mainly the responsibility of private citizens.
If a crime was committed, then it was up to the victim’s family to prosecute the killer, hunt down the perpetrator and bring them to the authorities to be judged.
The state’s role was to provide courts and judges to hear cases, not to actively patrol or investigate crimes themselves.
Courts, such as the Council of the Areopagus, the Palladium, and the Delphinium,were established to deal specifically with different types of homicide (intentional, unintentional, and justifiable).
Life in Ancient Athens After the Laws of Draco
The Greek Legislator Solon (640–558 BC) Defends his Laws against Criticism from Athenian Citizens. By Noel Coypel about 1673 Louvre Museum. Paris.
Despite the severeness of Draco’s drastic new laws, which disregarded the question of “does the punishment fit the crime?” the effects were positive.
All citizens of Athens, regardless of what they had or didn’t have, or who they were or who they weren’t, became equal under the new laws.
The quality of life improved, people gained a better understanding of what discipline meant and the crime rate dropped astoundingly.
Even though Draco’s laws may have only been in force for about fifty years, they had restored law and order and gave Athens a semblance of its former self.
All of Draco’s sometimes cruel laws, except for the one of homicide being punishable with the death penalty, were thrown out and replaced by his successor, Solon (630 – 560 BC), an Athenian statesman, lawmaker and poet, in 594 BCE.
The bizarre Death of Draco
Are you under there Draco?
Not much at all was known about Draco’s life in general, his death however, was another matter, it was one of the most bizarre deaths of ancient Greece.
After his reign of power and on being exiled from Athens by its citizens, Draco spent his remaining days on the island of Aegina.
After speaking to a full house in the Aeginetan theatre, there on Aegina, as was the custom in those days, his fans showed their approval by throwing any item of clothing upon his head that came to hand; shirts, coats, cloaks, hats, you name it, they threw it.
It seems he must have been quite popular in Aegina as the heap of clothing which covered Draco was astonishingly huge, so huge in fact that he suffocated and died!
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