Week 9 Class 2 Lecture Notes
Athenian Litigation

Housekeeping
Allen, we will only read through p. 242

Lecture

Choephoroi
Play opens at Agamemnon’s grave ­ problem of libations
* play will value K negatively, but won’t anticipate consequences of that valuation; i.e., gung ho from the get go against K [Orestes only sees furies after murder of Klyt
Reunion Scene and Incantation Scene
Children + father = family; cf Ode to Terrible Women
This isn’t just K; women present a problem to patriarchal and patrilocal organization of society where do their loyalties lie? (family of birth, husband’s family, own children?)
Klytemnestra has failed to resolve this conflict of loyalties; how?
Allied herself wither her children against Ag
The whole point of women in this social organization is that they shouldn’t have individual id [sons for wars, daughters in marriage]
Nurse
A further demonization of Klytemnestra
// to watchman re class issues
claims all maternal affection for children; -> Klyt has none; -> K isn’t even a woman; i.e. monstrous
Themes developed in play
Evidence:
Beacon speech [Ag]
Cassandra [Ag]
Orestes/Electra Recog Scene [LB]
Nurse [LB ­ diapers speech]
Vengence:
Agamemnon
Ag vs Trojans
Klyt/Aegisthus vs Ag
Libation Bearers
Chorus teaches Elektra to pray for vengence, not justice
Justice Ode, 935 ff
Justice = retribution [vs Priam, vs Klyt/Aeg
Justice from Zeus;
In this particular case authorized by Apollo
Orestes’ "defense speech"
Only concerned to justify Klyt’s death
Cloak used to kill Ag = ev that Klyt deserved to die
Nb: clothing/cloak becomes metaphor for problem of house of Atreus; they’re ensnared in vengence

Delphi authorized
Doesn’t stop Furies/Eryines
Q ­ can there be an end to the cycle if Justice = Revenge/Retribution?

Eumenides
1) Orestes begins play in state of pollution
Nb: he believes he can be purified for it; one murder is the same as any other
Furies will never except because of factual situation [no one survives to avenge Klyt; therefore, they will never let him go.
2) Apollo -> O; go to Athens
a. for judges for your case [nb everyone uses "legal" terminology to describe what will happen at your case
b. words to charm them
Ë some basis of judgment other than strict liability
3) debate of Apollo & Furies [and Athena]
a. Apollo: prefers vengence for father to vengence for mother; if forced to choose, denies vengence for mother bc she’s not "blood" [mother as oven theory; which Athena will adopt
1. assume competing theories of vengence and that one must lose
2. gendered
pre-Areopagus: vengence/witches/emotions = Justice as feminine
post-Areopagus: punishment/male citizens/ reason and persuasion = Justice as masculine
4) Theme of evidence:
a. Furies track Oresteses
5) nature of justice:
a. Furies: strict/absolute liability which supports family and therefore city [nb Ode to Justice says same thing: justice which preservses city is ounded on justicing in family.
b. Athena: mitigation of liability possible; but nb: charge to jury: Areopagus has same duties for city as Furies do for family
6) nature of trial
a. Athena ­ decision is too hard because both sides have legit claims and either will be pissed to lose
Real problem is threat Furies pose to Athens if Furies blame them for jment
b. -=> trial is dispute resolution not fact finding
7) reconciliation of Furies
a. nb: recant their prior agreement to defer to Athena’s jurisidiction
b. Furies characterize as dispute of honor with "younger gods"
i.e.: cycle of vengence in House of Atreus replayed in divine family; invocation of theomachy [which is a struggle for authority by Zeus’ generation vs Titans"]
c. Athena resolves by
1. threat of force: "I know where my father’s lightening bolts are"
2. peitho: rhetoric
a. you didn’t lose it was a tie vote
b. social/religious/political patterns will incorporate you [i.e., your honor wasn’t demeaned.

.How do modern jurors differ from Athenian jurors with respect to their understanding of punishment according to Allen?
   2.How is the study of punishment related to the study of values?
   3.What was Foucault's contribution ot the study of punishment?
   4.What different models have been used to study punishment?  Why does Allen prefer Bourdieu's model of "practice?"
   5.Why, according to Allen, does the traditional opposition of revenge and punishment not obtain for the Oresteia?
   6.What does the invention of the Areopagus contribute to the practice of punishment at Athens?
   7.On what is the authority of the Areopagus to punish based according to Allen?
   8.How does Allen define punishment and revenge?
   9.What is the concept of "desert?"  What role does it play in Allen's analysis of punishment?
10.What are the three methods of punishment Zeus will deploy against Prometheus?
11.What are the only legitimate bases on which to attempt to punish someone in Athens, according to Allen?
12.How did the Athenian practice of punishment help democratic politics in Athens?
13.What is the fundamental difference between a graphe and dike?
14.According to Allen, why are the graphe and dike alike?
15.What were the three basic procedures in Athens to respond to a wrongdoing?
16.What authority did archons have to punish?
17.What authority did generals have to punish?  Why was the authority of generals potentially more
          anti-democratic than that of archons?
18.What three procedures did a a lay prosecutor have to redress a wrongdoing he had suffered?
19.In idological terms, how did Athenians define the "best" prosecutor?
20.What four concepts underlay the behavioral norms that regulated Athens system of honor?
21.What concepts are embedded in the Greek word orge?
22.How did Athenians use the concept of orge to structure punishment?
23.How was orge regulated at Athens?
24.How did the Athenian construction of honor provide for both equality and hierarchy in Athenian society?
25.How does Allen describe the relationship between honor, anger,  litigation and justice in Athens?
26.Describe the principles of positive and negative reciprocity in Greek social life.
27.How did anger become justice in the Athenian legal system according to Allen?
28.What is social memory?
29.Why were trials important for the construction of social memories in Athens?