Abstract

BUIS, Emiliano J.. Draconian Emotions: The Affective Institutionalization of Pardon in the Athenian Homicide Law (IG I ³ . 104, 13-20). Nova tellus [online]. 2020, vol.38, n.2, pp.13-40.  Epub Dec 09, 2020. ISSN 0185-3058.  https://doi.org/10.19130/iifl.nt.2020.38.2.0001.

It has been frequently stated that, after the displacement of private interpersonal revenge by third-party public mechanisms controlled by the polis, Draco’s law on homicide replaced the emotions related to the repression of crime with an order founded on a group-based rationality which is expected within an objective legal system. However, an examination of the provisions referring to pardon (aidesis) in the preserved text of the norm allows us to identify a mechanism of affective institutionalization. As a result of the implementation of legal artifice, this mechanism manages to endorse the fiction of a collective forgiveness capable of overcoming individual pathos.

Keywords : Draco; Homicide; Emotions; Institutionalization; Pardon.

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