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LOCRI EPIZEPHYRII



Salvatore La Rosa
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HISTORICAL FIGURES INDEX ZALEUKOS' LAWS

Zaleukos
ZALEUKOS  

The highest Law rules
Locri Epizephyrii...


(Pindar, Olympian Odes X, 17-18)

It's believed that the Locrians
have been the first to use written laws...


(Strabo, Geography VI, 259 8)

 
In spite of the exceptional importance of his figure, we know very few things about Zaleukos.
Born in the Locri Epizephyrii colony, he was doubtless the first legislator of the western world and, chronologically, EUSEBIO put him between the 663 and the 662 b.C.
His figure is wrapped in the myth (it's handed down that he was instructed by Athena) and often the story of his life changes into legend, and that's happened so many times in the past that, during the course of the ages, someone tried to assert (and, particularly, Timaeus) that in spite of the sureness of the Locrians origin of the first written laws codex of the western world, he never existed really.
  
Particularly, some modern historians and critics, such as Bentley or Beloch, starting from an etymological analysys (a bit questionable) of his name which would mean, more or less, "the luminous" or "everything that shines", supposed that with the name Zaleukos, the people meant to speak about (as it was supposed has happened for other legislators, such as Lycurgus "the source of light") a sunny divinity who gave them the laws and that only in a following age would have been identified with a human being.
 
Now, this statement, a bit forced from the etymological point of view, and absolutely devoid of historical proofs (as a matter of fact there aren't references to the worship of such divinity amongst the Locrians in the sources) is an end to itself and is devoid of a true value from a practical point of view.
 
Ciaceri himself (an Italian historian), in his work about Magna Graecia's history, referring to the question, defined devoid of foundation the objections about the real existence of the legislator, noticing that even nowadays live amongst us people having a name which remember the sky (Celeste), the sun or something else (such as the light: Luciano), and that this thing happened even in the ancient ages. 
 
Having said that, maybe the final word about the question has already been said by Cicero in his work "De Legibus" where he says: "Quid, quod Zaleucum istum negat ullum fuisse Timaeus?" (Who cares about the fact that Timaeus have denied the existence of Zaleukos?); "[...] Sive fuit, sive non fuit, nihil ad rem; loquimur quod proditum est." ( - That Zaleukos - existed or not doesn't concern the question; we hand down what was handed down"). So Cicero doesn't attribute any importance to the question and invite, then, to concentrate on the facts which have been handed down: Zaleukos' legislation and the fact that many sources refer the name of the legislator as the name of a person really existed.
 
Closed this dutiful parenthesis on the question of the existence or not of Zaleukos, let's speak about his laws.
 
The importance of Zaleukos' laws (which, as it's handed down, were admired by the whole Greek world) is exceptional because, for the first time, the laws were written and so they were took away from the arbitrary use which the judges of the ancient ages made of them; and this fact was underlined by Strabo who said that: "While once the task to determine the punishment was entrusted to the judges, Zaleukos determined that in the same laws". Then, the punishment had to be the same for everyone and noticed to everyone.
 
Unfortunately, the corpus of the laws hasn't reached our age and, nowadays, we know only few of these laws, thanks to their quotation in some works of the ancient writers, such as CICERO, POLIBIO, STOBEO, etc. 
 
These laws, which reached our days, are listed at the end of this section.
 
Don't be stunned by their harshness, in any case these laws are more than 25 centuries old, and for the age in which they were issued, they were "modern" laws and, in some cases (i.e. the prohibition to own slaves), they were ahead of one's time of many centuries; besides the fact that they were written was a better warranty for the people, during an age in which the law was more an instrument in favour of the well-off classes than one of the basic and essential principle of a society which today we could call civil.
 
The strongly conservative nature of these laws allowed the city of Locri Epizephyrii to thrive for a long time and they were enforced even for the centuries following the death of their deviser: Zaleukos, the first western legislator.

  

THE LAWS
(The 14 fragments of the corpus which reached our age)
 

 
 1. NO ONE CAN ALIENATE HIS PROPERTY, UNLESS HE HAD SOME MISFORTUNE, PUBLICLY ACKNOWLEDGED.
 

 
 2. TO THE LOCRIANS ISN'T ALLOWED TO OWN SLAVES.
 

 
 3. THE ADULTERERS HAVE TO BE DEPRIVED OF BOTH EYES.
 

 
 4. IT'S PROHIBITED TO THE WOMEN TO WEAR GOLDEN AND SILK GARMENTS AND TO ADORN THEMSELVES WITH REFINEMENT IF IT'S NOT TO GET MARRIED.
 

 
 5. THE MARRIED WOMEN HAVE TO WEAR WHITE GARMENTS WHILE THEY WALK IN THE FORUM WITH THE SERVANTS, AND HAVE TO BE FOLLOWED BY A MAID. THE OTHERS UNMARRIED CAN WEAR GARMENTS WITH VARIOUS COLOURS.
 

 
 6. IT'S PROHIBITED TO TAKE PART ARMED IN THE ASSEMBLY OF THE SENATE.
 

 
 7. MUST BE SENTENCED TO A FINE WHO'D ASK FOR NEWS COMING BACK FROM FAR LANDS.
 

 
 8. MUST BE SENTENCED TO DEATH THE INVALID WHICH DRANK SOME WINE AGAINST THE PROHIBITION OF THE DOCTOR.
 

 
 9. IT'S PROHIBITED TO MOURN SOMEONE'S DEATH, ON THE CONTRARY IT HAS TO BANQUET AFTER HAVING BURIED HIM.
 

 
10. IT'S PROHIBITED TO TAKE A LEGAL ACTION BETWEEN TWO PERSONS IF FIRST IT WASN'T TRIED A RECONCILEMENT.
 

 
11. IT'S PROHIBITED THE FOOD SELLING, IF IT'S NOT MADE BY THE SAME PRODUCERS.
 

 
12. MUST BE SENTENCED TO DEATH THE THIEF.
 

 
13. HAS TO BE SCRATCHED OUT AN EYE TO WHOM SCRATCHED OUT ONE TO SOMEONE ELSE.
 

 
14. WHO PROPOSES TO THE SENATE THE REFORM OR THE SUBSTITUTION OF ONE LAW IN FORCE, MUST KEEP A LACE AROUND THE NECK, READY TO CHOKE HIM IF THE BILL WILL NOT BE ACCEPTED.


 

 

 

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