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Draco (legislator)

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Draco was the first legislator of Athens in Ancient Greece. He was active between 625 and 600 BC. Before his time, laws were mostly oral traditions. This meant rules were spoken rather than written down. Because of this, only a small class of people knew the laws. These people could interpret the rules however they wanted. Draco changed this by creating the Draconian constitution. This was the first written code of laws in Athens. It moved the city away from blood feuds and toward a court system.

Draco on Supreme Court of the United States South Frieze 2 (cropped)
Draco on Supreme Court of the United States South Frieze 2 (cropped)

Draco used a specific method to share his new laws with the public. He had the laws written on wooden tablets. These tablets were kept on steles shaped like four-sided pyramids. These pyramids were called kyrbeis. It is possible that people could pivot them to read every side. These written laws were preserved for almost two centuries. By writing them down, Draco made the rules known to all literate citizens. This allowed people to appeal to the Areopagus if they faced injustice. The Areopagus was a council that acted as a guardian of the laws.

Draco on Supreme Court of the United States South Frieze 2 (cropped)
Draco on Supreme Court of the United States South Frieze 2 (cropped)

Draco's legal system included several important structural changes. He introduced the Council of Four Hundred. This was a group distinct from the Areopagus. He also set exact qualifications for people to hold certain offices. For example, archons and treasurers needed property worth at least ten minas. Generals and cavalry commanders required property worth at least one hundred minas. These leaders also had to have children born in lawful wedlock. These children had to be over ten years of age. This ensured that an estate could pass to a competent heir.

Draco on Supreme Court of the United States South Frieze 2 (cropped)
Draco on Supreme Court of the United States South Frieze 2 (cropped)

While his system brought order, his laws were famously severe. Many of his rules carried the death penalty. Even minor offenses, such as stealing a cabbage, could result in death. His laws regarding debt were also very strict. If a debtor's status was lower than their creditor, they were forced into slavery. However, the punishment was more lenient if the creditor was of a lower class. This shows how social status still played a role in his legal code. These harsh punishments are why his name is still used today.

One of the most important parts of the Draconian code was its view on homicide. Draco introduced the idea of distinguishing between murder and involuntary homicide. This was a very new concept at that time. An inscription from 409/8 BC refers to "the law of Draco about homicide." This fragment suggests that unintentional killings resulted in exile. It is not entirely clear if his law specified the punishment for intentional killing. Later, in 409 BC, the Athenians decided to revise these homicide laws. They decided that it was the job of the victim's relatives to prosecute a killer.

Draco on Supreme Court of the United States South Frieze 2 (cropped)
Draco on Supreme Court of the United States South Frieze 2 (cropped)

Historians have different theories about the man himself. Very little biographical information about Draco exists. Some scholars wonder if he was even a real person. A scholar named Karl Julius Beloch suggested Draco might be fictional. He noted that "drakon" means serpent in Greek. He thought the laws might have been issued by priests for a sacred serpent. However, most scholars believe Draco was a real historical figure. They believe he established the laws on homicide and other offenses. One folkloric story says he died in Aegina when supporters smothered him with clothes.

Draco on Supreme Court of the United States South Frieze 2 (cropped)
Draco on Supreme Court of the United States South Frieze 2 (cropped)

Draco's legacy remains powerful in the modern world. The adjective "draconian" has been used in English since 1777. It describes rules or punishments that are excessively severe or cruel. Even though his laws were mostly repealed by Solon, some parts remained. Solon kept the homicide laws from the Draconian code. Draco is also remembered in art and architecture. His image is featured on the south frieze of the United States Supreme Court Building. He is depicted there as one of the great lawgivers of history.

Draco on Supreme Court of the United States South Frieze 2 (cropped)
Draco on Supreme Court of the United States South Frieze 2 (cropped)
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