Injustice: A Greater Portion of Good; A Lesser Share of Evils

Demosthenes, Against Olympiodorus 46

“This is the greatest sign of all, jurors, by which you will know that this man is an unjust and selfish person.”

ὃ δὲ πάντων μέγιστόν ἐστιν, ὦ ἄνδρες δικασταί, ᾧ καὶ γνώσεσθε ταυτονὶ ὅτι ἄδικός ἐστιν καὶ πλεονέκτης ἄνθρωπος·

Pleonektes

Aristotle, Nicomachean Ethics 1129b (Book 5)

“Let us consider now how many ways a man may be called unjust. It is indeed clear that a man who breaks laws is unjust but so is someone who is greedy and inegalitarian—thus it is clear that the just man will be law-abiding and fair. Justice, then, is lawful and fair; injustice is unlawful and unfair.

Since the unjust man someone who is greedy, he will be selfish regarding good things, not everything, but those things upon which good fortune and bad fortune rely—those things which are universally always good but not always for the same person. People pray for these things and pursue them; it is not right, however, that they pray for things which are universally good and good for them, but that they choose things that are just good for them.

The unjust man does not always choose the larger portion;for he will choose the smaller portion of bad things. But even here he is more selfish of the good because he appears to take on less evil, which is a type of good, and for that reason he seems greedy. He should be called unfair. This also embraces the common sense.”

εἰλήφθω δὴ ὁ ἄδικος ποσαχῶς λέγεται. δοκεῖ δὴ ὅ τε παράνομος ἄδικος εἶναι καὶ ὁ πλεονέκτης καὶ ἄνισος, ὥστε δῆλον ὅτι καὶ [ὁ] δίκαιος ἔσται ὅ τε νόμιμος καὶ ὁ ἴσος. τὸ μὲν δίκαιον ἄρα τὸ νόμιμον καὶ τὸ ἴσον, τὸ  δ’ ἄδικον τὸ παράνομον καὶ τὸ ἄνισον. ἐπεὶ δὲ πλεονέκτης ὁ ἄδικος, περὶ τἀγαθὰ ἔσται, οὐ πάντα, ἀλλὰ περὶ ὅσα εὐτυχία καὶ ἀτυχία, ἃ ἐστὶ μὲν ἁπλῶς ἀεὶ ἀγαθά, τινὶ δ’ οὐκ ἀεί. οἱ δ’ ἄνθρωποι ταῦτα εὔχονται καὶ διώκουσιν· δεῖ δ’ οὔ, ἀλλ’ εὔχεσθαι μὲν τὰ ἁπλῶς ἀγαθὰ καὶ αὑτοῖς ἀγαθὰ εἶναι, αἱρεῖσθαι δὲ τὰ αὑτοῖς ἀγαθά. ὁ δ’ ἄδικος οὐκ ἀεὶ τὸ πλέον αἱρεῖται, ἀλλὰ καὶ τὸ ἔλαττον ἐπὶ τῶν ἁπλῶς κακῶν· ἀλλ’ ὅτι δοκεῖ καὶ τὸ μεῖον κακὸν ἀγαθόν πως εἶναι, τοῦ δ’ ἀγαθοῦ ἐστὶν ἡ πλεονεξία, διὰ τοῦτο δοκεῖ πλεονέκτης εἶναι. ἔστι δ’ ἄνισος· τοῦτο γὰρ περιέχει καὶ κοινόν.

 

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Chance, Wealth and the Wise Man: More Maxims

More of Epicurus’ Maxims from Diogenes Laertius’ Lives of the Eminent Philosophers

“Chance only briefly impedes the wise man—reason has selected for him what is most important, it guides him throughout his life and will guide him.”

XVI. Βραχέα σοφῷ τύχη παρεμπίπτει, τὰ δὲ μέγιστα καὶ κυριώτατα ὁ λογισμὸς διῴκηκε καὶ κατὰ τὸν συνεχῆ χρόνον τοῦ βίου διοικεῖ καὶ διοικήσει.

“The just man is the least agitated; the unjust full of the most trouble.”

XVII. ῾Ο δίκαιος ἀταρακτότατος, ὁ δ’ ἄδικος πλείστης ταραχῆς γέμων.

“Pleasure for the flesh will not increase once pain from want has been removed, but it can only be varied. The contemplation of these things [which bring pleasure] and their concomitants, however, produces the limit of pleasure for the mind, insofar as it is those very things that also bring the mind the greatest fears.”

XVIII. Οὐκ ἐπαύξεται ἐν τῇ σαρκὶ ἡ ἡδονὴ ἐπειδὰν ἅπαξ τὸ κατ’ ἔνδειαν ἀλγοῦν ἐξαιρεθῇ, ἀλλὰ μόνον ποικίλλεται. τῆς δὲ διανοίας τὸ πέρας τὸ κατὰ τὴν ἡδονὴν ἀπεγέννησεν ἥ τε τούτων αὐτῶν ἐκλόγισις καὶ τῶν ὁμογενῶν τούτοις ὅσα τοὺς μεγίστους φόβους παρεσκεύαζε τῇ διανοίᾳ.

“It is not possible that the man who has transgressed one of the laws we have in common—not harming or being harmed—to believe that he will get away with it, even if he already has ten thousand times to the present day. It will be unclear whether or not he will escape right up until he dies.”

XXXV. Οὐκ ἔστι τὸν λάθρᾳ τι ποιοῦντα ὧν συνέθεντο πρὸς ἀλλήλους εἰς τὸ μὴ βλάπτειν μηδὲ βλάπτεσθαι πιστεύειν ὅτι λήσει, κἂν μυριάκις ἐπὶ τοῦ παρόντος λανθάνῃ. μέχρι μὲν καταστροφῆς ἄδηλον εἰ καὶ λήσει.

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Diogenes Laertius 10.2

“Apollodorus the Epicurian writes in his first book of On the Life of Epicurus that the philosopher turned to the study of philosophy when he noted that his teachers could not explain to him the meaning of Chaos in Hesiod.”

᾿Απολλόδωρος δ’ ὁ ᾿Επικούρειος ἐν τῷ πρώτῳ περὶ τοῦ ᾿Επικούρου βίου φησὶν ἐλθεῖν αὐτὸν ἐπὶ φιλοσοφίαν καταγνόντα τῶν γραμματιστῶν ἐπειδὴ μὴ ἐδυνήθησαν ἑρμηνεῦσαι αὐτῷ τὰ περὶ τοῦ παρ’ ῾Ησιόδῳ χάους.

10.6

“I cannot conceive what the good is if I separate it from the pleasures of taste, from the pleasures of sex, from the pleasures of sound, or those of beautiful bodies.”

Οὐ γὰρ ἔγωγε ἔχω τί νοήσω τἀγαθόν, ἀφαιρῶν μὲν τὰς διὰ χυλῶν ἡδονάς, ἀφαιρῶν δὲ τὰς δι᾽ ἀφροδισίων καὶ τὰς δι᾽ ἀκροαμάτων καὶ τὰς διὰ μορφῆς.

Odyssey and Iliad: Compensation for the Beloved Dead

After the slaughter of the suitors, Odysseus warns his son that they should be wary of their families seeking recompense.

Odyssey 23.118–122:

“For whoever has killed only one man in his country,
one who does not leave many behind to avenge him, flees,
leaving his relatives and his paternal land.
And we have killed the bulwark of the city,
the best by far of the young men in Ithaca.
I order you to think about these things.”

καὶ γάρ τίς θ’ ἕνα φῶτα κατακτείνας ἐνὶ δήμῳ,
ᾧ μὴ πολλοὶ ἔωσιν ἀοσσητῆρες ὀπίσσω,
φεύγει πηούς τε προλιπὼν καὶ πατρίδα γαῖαν·
ἡμεῖς δ’ ἕρμα πόληος ἀπέκταμεν, οἳ μέγ’ ἄριστοι
κούρων εἰν ᾿Ιθάκῃ· τὰ δέ σε φράζεσθαι ἄνωγα.

This passage makes me think of Ajax’s words to Achilles in book 9 where he seems to imply that payment may be rendered in the situation of a murder.

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Il. 9.632-638:

“You are relentless: someone might even accept payment
for the murder of a brother or the death of his own child.
and after making great restitution, the killer remains in his country,
and though bereft, the other restrains his heart and mighty anger
once he has accepted the price. But the gods put an untouchable
and wicked rage in your heart over only a girl…”

νηλής· καὶ μέν τίς τε κασιγνήτοιο φονῆος
ποινὴν ἢ οὗ παιδὸς ἐδέξατο τεθνηῶτος·
καί ῥ’ ὃ μὲν ἐν δήμῳ μένει αὐτοῦ πόλλ’ ἀποτίσας,
τοῦ δέ τ’ ἐρητύεται κραδίη καὶ θυμὸς ἀγήνωρ
ποινὴν δεξαμένῳ· σοὶ δ’ ἄληκτόν τε κακόν τε
θυμὸν ἐνὶ στήθεσσι θεοὶ θέσαν εἵνεκα κούρης
οἴης….

The scholia to the Iliad contend that Ajax is referring to an actual practice.

Schol. bT ad Il. 9.632-33a

“For it was the custom to give [recompense] to the relatives in order to go into exile for not more than a year…

ἔθος γὰρ ἦν τοῖς συγγενέσι διδόναι πρὸς τὸ μὴ πλέον τοῦ ἐνιαυτοῦ φεύγειν

One might wonder why Odysseus does not think it fit to offer recompense to the suitors’ families…

Blinding, Boasting and Justice: The Scholia on Odysseus and Poseidon

Od. 9.523-525

“I wish I could separate you from your soul
And your life and send you down to Hades’ home,
Then not even the earth-shaker would heal your eye”

‘αἲ γὰρ δὴ ψυχῆς τε καὶ αἰῶνός σε δυναίμην
εὖνιν ποιήσας πέμψαι δόμον ῎Αϊδος εἴσω,
ὡς οὐκ ὀφθαλμόν γ’ ἰήσεται οὐδ’ ἐνοσίχθων.’

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Schol. ad Od. 9.525

he would not heal your eye”: [this is because] he does not want to, not because he is not capable. For Poseidon did not want to help his own son because he believed that it is right for him to be paid back for his wickedness. So the thought is ‘Poseidon will not heal you because you are evil’

Why did Odysseus so thoughtlessly demean Poseidon in saying “not even the earth-shaker will heal your eye?” Is it because he knowns that Poseidon is not a healer, but Apollo is? Or is it because he will not help him because of his wickedness?”

Why did Odysseus so thoughtlessly demean Poseidon when he said to the Kyklôps “not even the earth-shaker will heal your eye”? Antisthenes says that it is because he knows that Poseidon is not a doctor, but Apollo is; Aristotle says that it is not because he is not capable but because he is not willing, due to the Kyklôps’ wickedness.

Then why was Poseidon angry? Surely he is not upset because of the statement but because of the blinding, as the epic says “He was angry over the Kyklôps, because he had put out his eye” (Od. 1.69) even though he was completely wretched and had eaten Odysseus’ companions? Aristotle solves this problem in saying that [in terms of behavior] [responsibilities] are not the same for a free man toward a slave or for a slave toward a free man, nor again for those near to the gods toward those far away. Therefore, the Kyklôps deserved a penalty, but he didn’t need to be chastised by Odysseus, but by Poseidon, if he had any thought to help his son as he was harmed—it was the companions who started the wrongdoing.”

οὐκ ὀφθαλμόν γ’ ἰήσεται] μὴ βουλόμενος, οὐ γὰρ μὴ δυνάμενος. οὐκ ἐβούλετο δὲ Ποσειδῶν τὸν ἴδιον υἱὸν θεραπεῦσαι, δίκαιον ἡγούμενος τιμωρεῖσθαι αὐτὸν τῆς πονηρίας. ὁ δὲ νοῦς, οὐδὲ Ποσειδῶν ἰάσεταί σε κακὸν ἐόντα. B.Q.

διὰ τί ὁ ᾿Οδυσσεὺς οὕτως ἀνοήτως εἰς τὸν Ποσειδῶνα ὠλιγώρησεν εἰπὼν “ὡς οὐκ ὀφθαλμόν γ’ ἰήσεται οὐδ’ ἐνοσίχθων;” (525.) ἢ διὰ τὸ γινώσκειν ὡς οὐκ ἦν ἰατρὸς ὁ Ποσειδῶν, ἀλλ’ ὁ ᾿Απόλλων, ἢ ὅτι οὐ θεραπεύσει αὐτὰ διὰ τὴν πονηρίαν αὐτοῦ. M.

διὰ τί ᾿Οδυσσεὺς πρὸς τὸν Κύκλωπα οὕτως ἀνοήτως εἰς τὸν Ποσειδῶνα ὠλιγώρησεν τῷ λόγῳ εἰπὼν “ὡς οὐκ ὀφθαλμόν γ’ ἰήσεται οὐδ’ ἐνοσίχθων” (525.).

᾿Αντισθένης μέν φησι διὰ τὸ εἰδέναι ὅτι οὐκ ἦν ἰατρὸς ὁ Ποσειδῶν, ἀλλ’ ὁ᾿Απόλλων, ᾿Αριστοτέλης δὲ οὐχ ὅτι οὐ δυνήσεται, ἀλλ’ ὅτι οὐ βουληθήσεται διὰ τὴν πονηρίαν τοῦ Κύκλωπος. H.Q.T.

διὰ τί οὖν ὁ Ποσειδῶν ὠργίσθη, καίτοι μὴ χαλεπαίνων διὰ τὸ ἀπόφθεγμα, ἀλλὰ διὰ τὴν τύφλωσιν, “Κύκλωπος γὰρ κεχόλωται, ὃν ὀφθαλμοῦ ἀλάωσε” (Od. α, 69.), καὶ παμπονήρου ὄντος καὶ τοὺς ἑταίρους κατεσθίοντος; λύων δὲ ὁ ᾿Αριστοτέλης φησὶ μὴ ταυτὸν εἶναι ἐλευθέρῳ πρὸς δοῦλον καὶ δούλῳ πρὸς ἐλεύθερον, οὐδὲ τοῖς ἐγγὺς τῶν θεῶν οὖσι πρὸς τοὺς ἄπωθεν. ὁ δὲ Κύκλωψ ἦν μὲν ζημίας ἄξιος, ἀλλ’ οὐκ ᾿Οδυσσεῖ κολαστέος, ἀλλὰ τῷ Ποσειδῶνι, εἰ πανταχοῦ νόμιμον τῷ διαφθειρομένῳ βοηθεῖν, τῷ υἱῷ, καὶ ἦρχον ἀδικίας οἱ ἑταῖροι. H.M.T.

Arrogant, Lawless and Abnormal: Judging Homer’s Kyklôpes

Earlier we posted about the ancient debate of whether or not the Kyklôpes only had a single eye. Here is a longer post about Homer’s depiction of their character and customs.

Homer, Odyssey 105–115

“From there we went on sailing, even though our hearts were pained,
To the land of the overbearing, lawless Kyklôpes
Who especially rely on the immortal gods
And do not grow plants or plow the land
But everything grows for them, unplanted and unplowed:
The grain, barley and vines which bear
Thick wine, and Zeus’ rain makes them grow.
They don’t have council-bringing assemblies nor laws,
But they inhabit the peaks of high mountains
In their hollow caves, and each governs his
Children and wives—they do not care for one another.”

ἔνθεν δὲ προτέρω πλέομεν ἀκαχήμενοι ἦτορ.
Κυκλώπων δ’ ἐς γαῖαν ὑπερφιάλων ἀθεμίστων
ἱκόμεθ’, οἵ ῥα θεοῖσι πεποιθότες ἀθανάτοισιν
οὔτε φυτεύουσιν χερσὶν φυτὸν οὔτ’ ἀρόωσιν,
ἀλλὰ τά γ’ ἄσπαρτα καὶ ἀνήροτα πάντα φύονται,
πυροὶ καὶ κριθαὶ ἠδ’ ἄμπελοι, αἵ τε φέρουσιν
οἶνον ἐριστάφυλον, καί σφιν Διὸς ὄμβρος ἀέξει.
τοῖσιν δ’ οὔτ’ ἀγοραὶ βουληφόροι οὔτε θέμιστες,
ἀλλ’ οἵ γ’ ὑψηλῶν ὀρέων ναίουσι κάρηνα
ἐν σπέεσι γλαφυροῖσι, θεμιστεύει δὲ ἕκαστος
παίδων ἠδ’ ἀλόχων, οὐδ’ ἀλλήλων ἀλέγουσι.

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Schol. ad Od. 9.106 31-58 (Some of which is attributed to Porphyry)

Overbearing, lawless: The phrase has double significance: the great size of their bodies and the lawlessness of not following customs. For they say that “Each one governs his own children and wives”. For if they were lawless instead of unjust, how would he add “they rely on the gods”? But, then, someone might add how Polyphemos says “the Kyklôpes don’t care about aegis-bearing Zeus”. We should, of course, consider the proposal that it comes from Polyphemos, the flesh-eating, beast.  Hesiod also says “[Zeus] made it right for fish, beast and birds to eat one another because they do not have justice. Justice he gave to men” [see below]. Thus he depicts only Polyphemos as arrogant and unjust, while the rest of the other Kyklôpes are righteous, just people who obey the gods. This is why the earth gives them crops of its own accord.”

ὑπερφιάλων ἀθεμίστων] ἢ τῶν μεγαλοφυῶν τῷ σώματι, τῶν δισήμων γὰρ ἡ λέξις, ἀθεμίστων δὲ τῶν νόμοις μὴ χρωμένων· φησὶ γὰρ “θεμιστεύει δὲ ἕκαστος παίδων ἠδ’ ἀλόχων.” εἰ γὰρ ἦν ἀθεμίστων ἀντὶ τοῦ ἀδίκων, πῶς λέγει “οἵ ῥα θεοῖσι πεποιθότες;” εἰ δ’ εἴπῃ τις, καὶ πῶς ὁ Πολύφημός φησιν “οὐ Κύκλωπες Διὸς αἰγιόχου ἀλέγουσι,” (275.) σκοπείτω τὸ πρόσωπον, ὅτι Πολυφήμου ἐστὶ  τοῦ ὠμοφάγου καὶ θηριώδους. καὶ ῾Ησίοδος “ἰχθύσι μὲν καὶ θηρσὶ καὶ οἰωνοῖσι πετεινοῖς ἔσθειν ἀλλήλους, ἐπεὶ οὐ δίκη ἐστὶν ἐν αὐτοῖς, ἀνθρώποισι δ’ ἔδωκε δίκην.” ὥστε Πολύφημον μόνον λέγει ὑπερήφανον καὶ ἄδικον, τοὺς δὲ λοιποὺς πάντας Κύκλωπας εὐσεβεῖς καὶ δικαίους καὶ πεποιθότας τοῖς θεοῖς, ὅθεν καὶ ἀνῆκεν αὐτοῖς αὐτομάτως ἡ γῆ τοὺς καρπούς. H.

“When he claims that the Kyklôpes are arrogant, lawless and abnormal, how can [the poet] claim that they have good things from the gods freely? We must concede that they are “overbearing” because of the excessive size of their bodies, that they are “lawless”, because that do now use an established law but govern through their individual private interest: “each governs his own children and wife”, which is a sign of lawlessness. And Antisthenes says that only Polyphemos is unjust. For this one is even dismissive of Zeus. Therefore, the rest are just. For this reason, the earth provides to them everything of its own accord. And it is their just task not to work it. But they face violence violently, for “they attacked them” just as the giants.” “and who ruled as king of the arrogant giants” and, the fact that Phaeacians were forced to move because they were harmed by them.”

πῶς ὑπερφιάλους καὶ ἀθεμίστους καὶ παρανόμους εἰπὼν τοὺς Κύκλωπας ἄφθονα παρὰ θεῶν αὐτοῖς ὑπάρχειν λέγει τὰ ἀγαθά; ῥητέον οὖν ὅτι ὑπερφιάλους μὲν διὰ τὴν ὑπεροχὴν τοῦ σώματος, ἀθεμίστους δὲ τοὺς μὴ νόμῳ χρωμένους ἐγγράφῳ διὰ τὸ ἕκαστον ἴδιον ἄρχεσθαι· “θεμιστεύει δὲ ἕκαστος παίδων ἠδ’ ἀλόχου” (115), ὅπερ ἀνομίας σημεῖον. ᾿Αντισθένης δέ φησιν ὅτι μόνον τὸν Πολύφημον εἶναι ἄδικον· καὶ γὰρ οὗτος τοῦ Διὸς ὑπερόπτης ἐστίν.  οὐκοῦν οἱ λοιποὶ δίκαιοι· διὰ τοῦτο γὰρ καὶ τὴν γῆν αὐτοῖς τὰ πάντα ἀναδιδόναι αὐτόματον, καὶ τὸ μὴ ἐργάζεσθαι αὐτὴν δίκαιον ἔργον ἐστίν. ἀλλ’ ἔμπροσθεν βιαίως βιαίους, “οἵ σφεας σινέσκοντο” (Od. ζ, 6), ὥσπερ καὶ τοὺς Γίγαντας· “ὅσπερ ὑπερθύμοισι Γιγάντεσσιν βασίλευεν” (Od. η, 59), ὥσπερ καὶ τοὺς Φαίακας βλαπτομένους ὑπ’ αὐτῶν μεταναστῆναι. T.

“The Kyklôpes are just except for Polyphemos. The mention of their “overbearing” character is about their size; their “lawlessness” is due to the fact that they each privately govern their wives and children. How then did they also bring grief to the Phaeacians? It is because of the lawlessness of their state.”

δίκαιοι οὗτοι πλὴν Πολυφήμου. ὅθεν τὸ μὲν ὑπερφιάλων, νῦν μεγάλων, τὸ δὲ θεμίστων, μὴ ἐχόντων χρείαν νόμων διὰ τὸ θεμιστεύειν ἕκαστον παίδων ἠδ’ ἀλόχων. πῶς οὖν ἠδίκουν τοὺς Φαίακας καὶ ἐλύπουν (ζ, 5. 6.); διὰ τὸ ἀνόμοιον τῆς πολιτείας. V.

Hesiod, Works and Days 274-281

“Perses, put these thoughts in your mind
And heed justice, banish force altogether.
Kronos’ son assigned this right to human beings—
It is permitted for the fish, beasts and winged birds
To eat one another, since they don’t have justice.
But Kronos’ son gave humans, which is the best thing by far.
For if someone who understands argues cases publicly,
Wide-browed Zeus will grant him good fortune…”

῏Ω Πέρση, σὺ δὲ ταῦτα μετὰ φρεσὶ βάλλεο σῇσι
καί νυ δίκης ἐπάκουε, βίης δ’ ἐπιλήθεο πάμπαν.
τόνδε γὰρ ἀνθρώποισι νόμον διέταξε Κρονίων,
ἰχθύσι μὲν καὶ θηρσὶ καὶ οἰωνοῖς πετεηνοῖς
ἔσθειν ἀλλήλους, ἐπεὶ οὐ δίκη ἐστὶ μετ’ αὐτοῖς·
ἀνθρώποισι δ’ ἔδωκε δίκην, ἣ πολλὸν ἀρίστη
γίνεται· εἰ γάρ τίς κ’ ἐθέλῃ τὰ δίκαι’ ἀγορεῦσαι
γινώσκων, τῷ μέν τ’ ὄλβον διδοῖ εὐρύοπα Ζεύς·

Kassandra in the Odyssey

At the beginning of the Odyssey, Phemios appears singing tales of the terrible homecomings of the Achaeans

Od. 1.325-327

“The very famous singer sang among them and they
Sat listening in silence as he sang the murderous homecoming of the Achaeans
Which Pallas Athena had set for them from Troy.”

τοῖσι δ’ ἀοιδὸς ἄειδε περικλυτός, οἱ δὲ σιωπῇ
εἵατ’ ἀκούοντες· ὁ δ’ ᾿Αχαιῶν νόστον ἄειδε
λυγρόν, ὃν ἐκ Τροίης ἐπετείλατο Παλλὰς ᾿Αθήνη.

 

A scholiast believes that these stories are being told to warn the suitors of pursuing an unrighteous marriage

Schol ad Od. 1.327

“In these stories he is warning the suitors from the story of Kasandra and Ajax not to seek unholy marriages.”

ταῦτα δὲ ἦδε νουθετῶν τοὺς μνηστῆρας ἐκ τῶν περὶ Κασάνδρας καὶ Αἴαντος μὴ ὀρέγεσθαι ἀσεβῶν γάμων. H.

 

But when the time comes for the example the suitor mentions, Kasandra is left out of the picture

Od. 4.499-511

“Ajax perished with his ash-oared ships.
First Poseidon drove him against the great Guraean
Cliffs and then he saved him from the sea.
He would have avoided death then even though he was hated by Athena,
If he hadn’t shot out an arrogant word as he was greatly blinded.
He said that he would escape the great swell of the sea despite divine will.
And when Poseidon heard him boasting so greatly
He immediately grabbed his trident with his strong hands
And struck the Guraen cliff, splitting it in half.
One part remained where it was, the other fell to the sea,
First where the great-blinded fool Ajax was then waiting.
It carried him down into the endless whirling sea.
And he died there, after drinking the salt water.”

Αἴας μὲν μετὰ νηυσὶ δάμη δολιχηρέτμοισι·
Γυρῇσίν μιν πρῶτα Ποσειδάων ἐπέλασσε
πέτρῃσιν μεγάλῃσι καὶ ἐξεσάωσε θαλάσσης·
καί νύ κεν ἔκφυγε κῆρα, καὶ ἐχθόμενός περ ᾿Αθήνῃ,
εἰ μὴ ὑπερφίαλον ἔπος ἔκβαλε καὶ μέγ’ ἀάσθη·
φῆ ῥ’ ἀέκητι θεῶν φυγέειν μέγα λαῖτμα θαλάσσης.
τοῦ δὲ Ποσειδάων μεγάλ’ ἔκλυεν αὐδήσαντος·
αὐτίκ’ ἔπειτα τρίαιναν ἑλὼν χερσὶ στιβαρῇσιν
ἤλασε Γυραίην πέτρην, ἀπὸ δ’ ἔσχισεν αὐτήν·
καὶ τὸ μὲν αὐτόθι μεῖνε, τὸ δὲ τρύφος ἔμπεσε πόντῳ,
τῷ ῥ’ Αἴας τὸ πρῶτον ἐφεζόμενος μέγ’ ἀάσθη·
τὸν δ’ ἐφόρει κατὰ πόντον ἀπείρονα κυμαίνοντα.
[ὣς ὁ μὲν ἔνθ’ ἀπόλωλεν, ἐπεὶ πίεν ἁλμυρὸν ὕδωρ.]

The primary argument seems to have something to do with generalizing the wickedness of Ajax to all of the Achaeans

Od. 3.132-136

“And then Zeus was really devising a murderous homecoming in his thoughts
For the Argives, since they were not all just or prudent a bit.
This is why many of them suffering a terrible fate
From the ruinous rage of the grey-eyed-daughter of a strong-father
Who sent strife between Atreides’ two sons.

καὶ τότε δὴ Ζεὺς λυγρὸν ἐνὶ φρεσὶ μήδετο νόστον
᾿Αργείοισ’, ἐπεὶ οὔ τι νοήμονες οὐδὲ δίκαιοι
πάντες ἔσαν· τῶ σφεων πολέες κακὸν οἶτον ἐπέσπον
μήνιος ἐξ ὀλοῆς γλαυκώπιδος ὀβριμοπάτρης,
ἥ τ’ ἔριν ᾿Ατρεΐδῃσι μετ’ ἀμφοτέροισιν ἔθηκε.

At least, that’s how another scholiast interprets the absence of a reference to Kassandra in this passage

Schol ad Od. 3.135 HEVQ

“The ruinous rage: “Since they did not stop Lokrian Ajax from raping Kasandra in her tample. Now the rage is [directed at everyone in common, but it is clear that the responsibility for the anger lies with Ajax.”

μήνιος ἐξ ὀλοῆς] ἐπεὶ Αἴαντα τὸν Λοκρὸν οὐκ ἐκόλασαν βιασάμενον ἐν τῷ ἱερῷ αὐτῆς τὴν Κασάνδραν. H.E.V. νῦν μὲν κοινῶς εἰς ἅπαντας τὴν μῆνιν, ἑξῆς δὲ σαφέστερον τὴν αἰτίαν τῆς ὀργῆς δηλοῖ ἐπὶ τοῦ Αἴαντος. Q.

Kassandra does appear in the Odyssey, but only in Odysseus’ story of what Agamemnon says about his death.

Od. 11.421-434

“Then I heard the most pitiable voice of Priam’s daughter
Kassandra—crooked-minded Klytemnestra killed her
Over me. Then I fell to the ground with my hands spread wide
Dying on a sword—but the bitch-face turned away from me
And, even as I was on my way to the underworld,
she wouldn’t close my eyes and mouth with her hands.
There is nothing more terrible or cruel than a woman
Who could put such deeds in her thoughts,
The way this woman devised an unseemly act,
When she planned the murder of her wedded husband.
I would have thought that I would come home happy
To my children and the household servants
But she, by conceiving these murderous ideas,
Has poured shame on herself and those to come later,
On the whole female race of women, even for one who does well.”

οἰκτροτάτην δ’ ἤκουσα ὄπα Πριάμοιο θυγατρὸς
Κασσάνδρης, τὴν κτεῖνε Κλυταιμνήστρη δολόμητις
ἀμφ’ ἐμοί· αὐτὰρ ἐγὼ ποτὶ γαίῃ χεῖρας ἀείρων
βάλλον ἀποθνῄσκων περὶ φασγάνῳ· ἡ δὲ κυνῶπις
νοσφίσατ’ οὐδέ μοι ἔτλη, ἰόντι περ εἰς ᾿Αΐδαο,
χερσὶ κατ’ ὀφθαλμοὺς ἑλέειν σύν τε στόμ’ ἐρεῖσαι.
ὣς οὐκ αἰνότερον καὶ κύντερον ἄλλο γυναικός,
[ἥ τις δὴ τοιαῦτα μετὰ φρεσὶν ἔργα βάληται·]
οἷον δὴ καὶ κείνη ἐμήσατο ἔργον ἀεικές,
κουριδίῳ τεύξασα πόσει φόνον. ἦ τοι ἔφην γε
ἀσπάσιος παίδεσσιν ἰδὲ δμώεσσιν ἐμοῖσιν
οἴκαδ’ ἐλεύσεσθαι· ἡ δ’ ἔξοχα λυγρὰ ἰδυῖα
οἷ τε κατ’ αἶσχος ἔχευε καὶ ἐσσομένῃσιν ὀπίσσω
θηλυτέρῃσι γυναιξί, καὶ ἥ κ’ εὐεργὸς ἔῃσιν.’

cassandra

Hesiod on Justice and the Corruption of Power (Works and Days, 256-273)

“Justice is a maiden who was born from Zeus.
The gods who live on Olympus honor her
and whenever someone wrongs her by bearing false witness
she sits straightaway at the feet of Zeus, Kronos’ son
and tells him the plans of unjust men so that the people
will pay the price of the wickedness of kings who make murderous plans
and twist her truth by proclaiming false judgments.
Keep these things in mind, bribe-swallowing kings:
whoever wrongs another also wrongs himself;
an evil plan is most evil for the one who makes it.
The eye of Zeus sees everything and knows everything
and even now, if he wishes, will look on us and not miss
what kind of justice the walls of our city protects.
Today, I wouldn’t wish myself to be a just man among men
nor my son, since it bad to be a just man
If anyone who is more unjust has greater rights.
But I hope that Zeus, the counselor, will not let this happen.”

 

ἡ δέ τε παρθένος ἐστὶ Δίκη, Διὸς ἐκγεγαυῖα,
κυδρή τ’ αἰδοίη τε θεοῖς οἳ ῎Ολυμπον ἔχουσιν,
καί ῥ’ ὁπότ’ ἄν τίς μιν βλάπτῃ σκολιῶς ὀνοτάζων,
αὐτίκα πὰρ Διὶ πατρὶ καθεζομένη Κρονίωνι
γηρύετ’ ἀνθρώπων ἀδίκων νόον, ὄφρ’ ἀποτείσῃ
δῆμος ἀτασθαλίας βασιλέων οἳ λυγρὰ νοεῦντες
ἄλλῃ παρκλίνωσι δίκας σκολιῶς ἐνέποντες.
ταῦτα φυλασσόμενοι, βασιλῆς, ἰθύνετε μύθους,
δωροφάγοι, σκολιέων δὲ δικέων ἐπὶ πάγχυ λάθεσθε.
οἷ αὐτῷ κακὰ τεύχει ἀνὴρ ἄλλῳ κακὰ τεύχων,
ἡ δὲ κακὴ βουλὴ τῷ βουλεύσαντι κακίστη.
πάντα ἰδὼν Διὸς ὀφθαλμὸς καὶ πάντα νοήσας
καί νυ τάδ’, αἴ κ’ ἐθέλῃσ’, ἐπιδέρκεται, οὐδέ ἑ λήθει
οἵην δὴ καὶ τήνδε δίκην πόλις ἐντὸς ἐέργει.
νῦν δὴ ἐγὼ μήτ’ αὐτὸς ἐν ἀνθρώποισι δίκαιος
εἴην μήτ’ ἐμὸς υἱός, ἐπεὶ κακὸν ἄνδρα δίκαιον
ἔμμεναι, εἰ μείζω γε δίκην ἀδικώτερος ἕξει.
ἀλλὰ τά γ’ οὔπω ἔολπα τελεῖν Δία μητιόεντα.

 

Although he holds out the promise of a world governed by just and wise rulers in the Theogony, Hesiod laments the failure of those in power to uphold justice and judge those beneath them fairly in the Works and Days. Those in power or favored by power structures, it seems, have always had their own interests in mind.

 

Lucretius, De Rerum Natura 5.1145-1160: On The Origin of the Social Contract

“The race of man, tired of living in a state of violence
was languishing in feuds and they were eager
to submit themselves to law and strict judgments.
Otherwise, each man would turn himself to vengeance
More harshly than our current laws allow,
And this is why man has avoided living in a state of violence.
From here comes the fear that alters life’s rewards
Since violence and pain entrap the man who wields them
And tend to return most to those who acted first.
It isn’t easy to lead a quiet and peaceful life
If you break the faith of a community’s written peace.
Even if you deceive the races of god and man,
There’s no way to be sure to keep a secret forever.
Often many men reveal themselves by speaking in sleep
Or confused by a lengthy illness, they finally
Disclose their deeply hidden memories and sins.”

 

nam genus humanum, defessum vi colere aevom,
ex inimicitiis languebat; quo magis ipsum
sponte sua cecidit sub leges artaque iura.

acrius ex ira quod enim se quisque parabat
ulcisci quam nunc concessumst legibus aequis,
hanc ob rem est homines pertaesum vi colere aevom.
inde metus maculat poenarum praemia vitae.
circumretit enim vis atque iniuria quemque
atque unde exortast, ad eum plerumque revertit,
nec facilest placidam ac pacatam degere vitam
qui violat factis communia foedera pacis.
etsi fallit enim divom genus humanumque,
perpetuo tamen id fore clam diffidere debet;
quippe ubi se multi per somnia saepe loquentes
aut morbo delirantes protraxe ferantur
et celata [mala] in medium et peccata dedisse.

Corrupt Leaders Make Corrupt Countries: Hesiod, Works and Days, 217-229

“Oath runs right alongside crooked judgments.
But a roar comes from Justice as she is dragged where
bribe-devouring men lead when they apply laws with crooked judgments.
She attends the city and the haunts of the hosts
weeping and cloaked in mist, bringing evil to men
who drive her out and do not practice righteous law.
For those who give fair judgments to foreigners and citizens
and who do not transgress the law in any way,
cities grow strong, and the people flourish within them;
A child-nourishing peace settles on the land, and never
Does wide-browed Zeus sound the sign of harsh war.”

αὐτίκα γὰρ τρέχει ῞Ορκος ἅμα σκολιῇσι δίκῃσιν·
τῆς δὲ Δίκης ῥόθος ἑλκομένης ᾗ κ’ ἄνδρες ἄγωσι
δωροφάγοι, σκολιῇς δὲ δίκῃς κρίνωσι θέμιστας·
ἣ δ’ ἕπεται κλαίουσα πόλιν καὶ ἤθεα λαῶν,
ἠέρα ἑσσαμένη, κακὸν ἀνθρώποισι φέρουσα,
οἵ τέ μιν ἐξελάσωσι καὶ οὐκ ἰθεῖαν ἔνειμαν.
οἳ δὲ δίκας ξείνοισι καὶ ἐνδήμοισι διδοῦσιν
ἰθείας καὶ μή τι παρεκβαίνουσι δικαίου,
τοῖσι τέθηλε πόλις, λαοὶ δ’ ἀνθεῦσιν ἐν αὐτῇ·
εἰρήνη δ’ ἀνὰ γῆν κουροτρόφος, οὐδέ ποτ’ αὐτοῖς
ἀργαλέον πόλεμον τεκμαίρεται εὐρύοπα Ζεύς·

Ajax’s Frustration and Achilles’ Shield: Two Moments for ‘Justice’ in Homer’s Iliad

The Iliad provides two moments where some type of institutional (non-violent) conflict resolution is imagined. Note, though murder is mentioned, capital punishment is not. And Homer’s world is certainly a savage one…

At the end of the embassy in book 9, Ajax voices his frustration with Achilles (9.632-638):

“You are relentless: someone might even accept payment
for the murder of a brother or the death of his own child.
and after making great restitution, the killer remains in his country,
and though bereft, the other restrains his heart and mighty anger
once he has accepted the price. But the gods put an untouchable
and wicked rage in your heart over only a girl…”

νηλής• καὶ μέν τίς τε κασιγνήτοιο φονῆος
ποινὴν ἢ οὗ παιδὸς ἐδέξατο τεθνηῶτος•
καί ῥ’ ὃ μὲν ἐν δήμῳ μένει αὐτοῦ πόλλ’ ἀποτίσας,
τοῦ δέ τ’ ἐρητύεται κραδίη καὶ θυμὸς ἀγήνωρ
ποινὴν δεξαμένῳ• σοὶ δ’ ἄληκτόν τε κακόν τε
θυμὸν ἐνὶ στήθεσσι θεοὶ θέσαν εἵνεκα κούρης
οἴης• …

On Achilles’ shield, Hephaestus creates two cities, one at war and one at peace. He also creates an assembly where a killing is being judged Il. 18.496-508

“The people where gathered, crowded, in the assembly where a conflict (neîkos)
had arisen: two men were striving over the penalty for
a man who had been killed; the first one was promising to give everything
as he was testifying to the people; but the other was refusing to take anything;
and both men longed for a judge to make a decision.
The people, partisans on either side, applauded.
Then the heralds brought the host together; the elders
sat on smooth stones in a sacred circle
as they held in their hands the scepters of clear-voiced heralds;
each one was leaping to his feet and they pronounced judgments in turn.
In the middle there were two talents of gold to give
to whoever among them uttered the straightest judgment.”

λαοὶ δ’ εἰν ἀγορῇ ἔσαν ἀθρόοι• ἔνθα δὲ νεῖκος
ὠρώρει, δύο δ’ ἄνδρες ἐνείκεον εἵνεκα ποινῆς
ἀνδρὸς ἀποφθιμένου• ὃ μὲν εὔχετο πάντ’ ἀποδοῦναι
δήμῳ πιφαύσκων, ὃ δ’ ἀναίνετο μηδὲν ἑλέσθαι•
ἄμφω δ’ ἱέσθην ἐπὶ ἴστορι πεῖραρ ἑλέσθαι.
λαοὶ δ’ ἀμφοτέροισιν ἐπήπυον ἀμφὶς ἀρωγοί•
κήρυκες δ’ ἄρα λαὸν ἐρήτυον• οἳ δὲ γέροντες
εἵατ’ ἐπὶ ξεστοῖσι λίθοις ἱερῷ ἐνὶ κύκλῳ,
σκῆπτρα δὲ κηρύκων ἐν χέρσ’ ἔχον ἠεροφώνων•
τοῖσιν ἔπειτ’ ἤϊσσον, ἀμοιβηδὶς δὲ δίκαζον.
κεῖτο δ’ ἄρ’ ἐν μέσσοισι δύω χρυσοῖο τάλαντα,
τῷ δόμεν ὃς μετὰ τοῖσι δίκην ἰθύντατα εἴποι.