Transformation of the Ideological Basics of the Ancient Greek Justice during Dorian Period

Abstract

Based on the axiological analysis of various ontological processes that took place on the territory of Ancient Greece at the time of Dorian invasion, the article under discussion deals with the issue of the evolution of the Ancient Greek system of justice. Taking into account the results of the research of different existential circumstances, reflected in the texts of certain historical-legal documents of the period under studies, the author of the article makes some gnosiological suggestions and conclusions regarding the impact of «Dorian Factor» on the processes of evolution of Ancient Greek justice, as well as on other institutions of state power. It is worth mentioning that the peculiarities of the latter affect still preserve their importance and relevance in the development and functioning of judicial systems in democratic states. The article points at the fact that the invasion of Dorian tribes (which, despite their ethnic Greek origin, were at a considerably lower stage of development than Achaeans, who represented Mycenaean civilization) has completely ruined the political system, created by Achaeans. The boost of violence has destroyed agriculture and marine commercial ties. The war was progressing, causing extreme poverty of the population. However, the leading institutions of state power kept developing and acquiring new evolutionary features even under such negative circumstances. A good example of this is the Athenian Polis at the times of Codrʼs reign. Gradually, the lifetime power of the Athenian kings has been substituted with that of the elected archon, who ruled individually at first, and later on – collectively, with the help of three other democratically elected archons. Among the authorities, granted to archons, particular emphasis should be laid on the judicial branch of power. It mostly belonged to the archon-judge, which proves the emergence in Athens of a rather primitive institution of the power separation. Later, due to the development of social relations and, respectively, because of the growth of the responsibilities
of judiciary in Athens, the number of the archon-judges has increased to six. This, in its turn, has led not only to the decrease of liabilities for those who administered justice, but also enabled them to react immediately to the facts of social being, which always required ontological regulation on the basis of a trial. Thus, quite surprisingly, the Dorian invasion did not cause the decay of the institutions of state power in Athens. On the contrary, it has stimulated their gradual development, particularly that of the judicial branch of power.