Dike in Archaic Greek Thought

Author(s): Michael Gagarin

Source: Classical Philology, Vol. 69, No. 3 (Jul., 1974), pp. 186-197
Published by: The University of Chicago Press
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 DIKE IN ARCHAIC GREEK THOUGHT
MICHAEL GAGARIN

I tions, and the laterAthenian laws attributed

to Solon.2
IN AN earlier article I examined the use The conclusions reached here generally
of dike-words (that is, 8tKr/ and all its confirm those of my earlier article. I main-
derivatives, such as siccato, a0i'KoS, tained there that in the Works and Days
and 8tKcao) in Homer and Hesiod.1 In the Hesiod's main concern is economic pros-
present article I continue that examination perity, that he creates a concept of dike,
into the seventh, sixth, and early fifth "legal process, Law," which is based on
centuries, which for the sake of convenience the original judicial meaning of dike as a
I shall call the archaic period. The period "settlement" in property disputes, and that
chosen is admittedly somewhat arbitrary he pleads for the acceptance of dike as a
and the boundary line (ca. 480) somewhat necessary condition for economic pros-
flexible, but given the nature of the evidence perity. Thus the Works and Days is not a
it could scarcely be otherwise. I have in- general plea for "justice," but a plea for a
cluded in this period the Homeric Hymns judicial system for settling property dis-
and other Homerica, all the lyric poets (in putes peacefully and fairly. In the archaic
the broad sense) who wrote primarily period we find only a few nonlegal uses of
before 480, the earlier Presocratic philos- dike-words. Otherwise, in laws and inscrip-
ophers, selected material from inscrip- tions these words are used as legal terms
1. "Dike in the Works and Days," CP, LXVIII (1973), D. M. MacDowell, Athenian Homicide Law in the Age of the
81-94. I shall not make specific references to this earlier Orators (Manchester, 1963); M. Ostwald, Nomos and the
article, since everything I say here presupposes that study. I Beginnings of the Athenian Democracy (Oxford, 1969); A.
have used the following texts: for the Homeric Hymns and Rivier, "Observations sur Sappho 1, 19 sq.," REG, LXXX
Homerica, the OCT of Homer, Vol. V., ed. T. W. Allen; for (1967), 84-92; F. Solmsen, Hesiod and Aeschylus (Ithaca,
lyric poets, West (elegy and iambic, with frequent references 1949); R. S. Stroud, Drakon's Law on Homicide (Berkeley,
to Diehl's numbering if it differs from West's), Lobel-Page 1968); G. Vlastos, "Solonian Justice," CP, XLI (1946), 65-83;
(Lesbians), Page (other lyric poets); for the Presocratics, R. F. Willetts, The Law Code of Gortyn (Berlin, 1967); D.
Diels-Kranz (6th ed.); for inscriptions, C. D. Buck, The Young (ed.), Theognis2 (Leipzig, 1971).
Greek Dialects (Chicago, 1955), R. Meiggs and D. Lewis, A I regret that Martin Ostwald's article on "Ancient Greek
Selection of Greek Historical Inscriptions (Oxford, 1969)- Ideas of Law" (Dictionary of the History of Ideas [New York,
numbers preceded by B. or M.-L. refer to these two works- 1973], pp. 673-85) reached me only after this article had gone
and P. Friedlander, Epigrammata (Berkeley, 1948); for to press. Ostwald's study sets the problem of dike within the
"Solon's" laws, E. Ruschenbusch, Solonos Nomoi (Wiesbaden, broader context of Greek law; and, although we differ on
1966). My task was greatly aided by G. Fatouros, Index some details, much of his work, I think, supports my own
verborum zur friihgriechischen Lyrik (Heidelberg, 1966). In conclusions.
addition I shall make reference to the following works by the I should like to thank Ms. Cynthia Kaufman for help with
author's name alone: T. W. Allen (W. R. Halliday, E. E. the research for this article, and A. T. Cole for some helpful
Sikes), The Homeric Hymns2 (Oxford, 1936); R. J. Bonner comments.
and G. Smith, The Administration of Justice from Homer to 2. To be specific, I am including the Homeric Hymns and
Aristotle, I (Chicago, 1938); D. A. Campbell, Greek Lyric all the epic fragments in Allen; the lyric poets excluding
Poetry (London, 1967); J. M. Edmonds, Lyra Graeca (3 vols.; Pindar, Bacchylides, and later elegists (but including Anacreon,
London, 1922-27) and Elegy and Iambus (2 vols.; London, Simonides, Timocreon); the Presocratics up to Parmenides
1931); D. E. Gerber, Euterpe (Amsterdam, 1970); B. A. van (excluding the sophists, Democritus, Empedocles); all inscrip-
Groningen, Theognis, lepremier livre (Amsterdam, 1966); E. A. tions in Buck, Meiggs-Lewis, and Friedlander dated before
Havelock, "Dikaiosune: An Essay in Greek Intellectual 480 (or "early fifth century"); all fragments from "Solon's"
History," Phoenix, XXIII (1969), 49-70; W. Jaeger, "Praise laws in Ruschenbusch. I have found no dike-words in the
of Law, The Origin of Legal Philosophy and the Greeks," few fragments of historians or tragic or comic poets in this
Essays in Honor of Roscoe Pound (New York, 1947), pp. period. There are undoubtedly inscriptions which I have
352-75 (also in Scripta minora, II [Rome, 1960], 319-51); missed, but it is unlikely that further inscriptional evidence
C. H. Kahn, Anaximander and the Origins of Greek Cosmology would affect my conclusions.
(New York, 1960); A. Masaracchia, Solone (Florence, 1958);
186
 "DIKE" IN ARCHAIC GREEK THOUGHT 187
in a narrow sense, whereas in the broadest 2). I shall next divide the material from
sense dike as "Law" is expanded into a this period into the following categories
universal cosmic force by Heraclitus and and discuss in each category all important
Parmenides. For the poets, however, or difficult uses of dike-words (omitting
especially Solon and Theognis, dike-words cases where the meaning is clear and
are most often applied to economic be- unimportant): (a) the Homeric Hymns;
havior and to the political implications of (b) seventh-century lyric; (c) Solon; (d)
economic behavior. Dike still does not sixth- and early fifth-century lyric; (e)
develop into a general moral force, but Theognis;4 (f) the Presocratics; (g) in-
remains primarily a legal term. scriptions and laws. I shall then conclude
Briefly, the distinction I wish to draw with some general remarks.
between morality and legality is the distinc-
tion between a concept applicable to human II
behavior in general (or at least to all of a 86Kq7: I argued in my previous study that
person's relations with other people) and the Homeric poems reveal two quite dis-
one applied only to certain specific areas oftinct areas of meaning for dike, first,
behavior. I shall argue that dike-words are "characteristic, characteristic behavior,"
applied to legal, economic, and perhaps etc., and second, "settlement, case, Law,"
political behavior, but that there is no etc. The first area of meaning becomes
evidence to indicate a wider, general almost obsolete during the archaic period
applicability. In arguing for this view, I and is found only once as a true noun and
shall maintain that in the absence of any twice in the accusative as an adverb
defining context we are not entitled to meaning "in the manner of." 5
assume that a dike-word has a general In the second area of meaning dike
moral sense unless there is some other originally was a "ruling" or "settlement"
evidence to support this assumption. For in a property dispute, and then came to
example, in Theognis 255, Ka)Atcrrovro mean "plea, case, trial, court." All of these
StKatLo70'Tov, we cannot assume without legal meanings are found in the archaic
further evidence that SlKatos has a moral period, often in inscriptions.6 We also find
force.3 other meanings already noted in Homer
I have arranged the evidence as follows: and Hesiod, such as "settlement," in the
I shall first briefly discuss the different sense of what one gets as the result of a
meanings of each dike-word by itself, at judgment;7 "legal process, Law," includ-
the same time providing references to every ing the general notion of peaceful and legal
example of each word during the archaic dealings with other people as opposed to
period (within the limits I have set in note violent or illegal action,8 and also including
3. It seems that the concept of morality as we know it was 3D); Th. 268, B. 57. 8. Some of these meanings are not clearly
a rather late creation, originating with the sophists in the separable, and some examples represent more than one
middle of the fifth century and only fully developed by Plato English meaning.
and Aristotle, but this question is beyond the scope of this 7. Tyrt. 12. 40 (9. 40D); Th. 45, 938; Anaximander 1;
article. See Havelock, pp. 68-69. Nomoi 36. This last example is the law of ?oA-q) or "depriva-
4. Almost half of the poetic examples of dike-words are in tion of property settlement": "If someone deprives another
Theognis. of the settlement which he has won (edv 7Ls 4eihAA., (Lv
5. Hymn. Horn. Ap. 458; Sem. 12 (10D) and Adesp. 940; &v TLS eiK7)VvLKcna/), he shall owe the amount of the settlement
cf. also Parmenides 1. 28 (n. 64). both to the individual and to the public treasury equally" (i.e.
6. "Ruling": Hymn. Horn. Cer. 152; Sol. 4. 36 (3. 36D); he must pay double).
Th. 54, 544, 688; B. 64. 3. "Plea": Hymn. Horn. Merc. 312. 8. Hymn. Horn. lerc. 324; Ar. 177.4 (94. 4D); Sol. 4. 14 (3.
"Case": Dem. 6; B. 57. 42, 57. 44, 58. 11; M.-L. 8c. 11. 14D), 36. 16 (24. 16D), 36. 19 (24. 19D); Sim. 542. 35; Adesp.
"Trial": B. 57. 33; Nomoi 13, 15b. "Court": Sol. 36. 3 (24. 1018b. 7; Adesp. eleg. 25.2 (2. 2D); Th. 132, 197, 292, 1121.
188 MICHAEL GAGARIN

"punishment for the violation of the legal this confusion is lessened by the almost
process."9 Heraclitus and Parmenides go complete absence of any clear examples of
beyond Hesiod in making dike into a cosmic the first meaning. In the sense of "behaving
force;10 otherwise, however, the meanings properly," StIKaLo occurs only twice (in
of dike in the archaic period are all basi- the same couplet) and the specific context
cally Hesiodic.11 is probably that of drinking.'6 Otherwise
, Ka CtrXSlK(XC,
SLKOCCSW StKacrr
T77 s (-7rnp): SiKcaOS / c$KOS seems to describe only
These words are all technical terms in this lawful behavior, most often behavior in an
period, found mostly in legal inscriptions. economic context (that is, acquiring or
8tKduca continues to be used, as it was in disputing property);17 and it is apparently
Homer and Hesiod, in the active voice of an extension of this meaning when the sea
a third party who "proposes a settlement" is once described as the "most peaceful"
or "judges" a case, and in the middle voice of all.18 Three times we find the phrase
of a litigant who "proposes a settlement in SltKaOV EcarLapplied to situations which
his own behalf" or "pleads a case."12 are or are not "in accordance with dike,"
KaTra&KKact) then means, as one might twice in an economic and political con-
expect, "judge against" someone; and text.19 Other than these, there are a few
StKacrrs77 (-Tjrp) is a name for a cases where it is impossible to determine
"judge." 13 the meaning of the adjective.20The adverbs
SlKCaCO, ad/LKo: 14 As adjectives in show the same tendency:
tKalcws / 0s&8tKW
Homer and Hesiod these words have two all ten instances seem to refer to lawful
basic meanings corresponding to the two or unlawful behavior.21 Finally we have
basic meanings of dike: "behaving proper- the neuter nouns ro and ra St/Kaa,
K0CKatov
ly, proper" and "behaving lawfully, law- which refer entirely to lawful behavior,
ful," though there is often uncertainty with one exception where r& blKacta seems
about, and possibly confusion between, to indicate "proper behavior" with respect
these two meanings.15In the archaic period to drinking.22

9. Sol. 13. 8 (1. 8D); Th. 207, 330; Heracl. 28; Certarnen 15. Since "behaving properly" in legal matters means
Horn. et Hes. 163 (Allen). "behaving lawfully," it is not surprising that there is some
10. Heracl. 23, 80, 94; Parm. 1. 14, 1. 28, 8. 14; Sim. 543. confusion and overlapping in these two uses. I probably tried
26. too hard in my earlier article to keep these two meanings
11. In addition to the instances of dike cited here, West separate, and I should now say, for example, that in Hes.
prints no text for Sol. Frag. 30 (27D), which is printed dpXy&v WD 270-72 8IKaLos / daiLKo means "behaving properly
6iKOVE KaV iKnc, KaV Lj) 1K.7 by Diehl (MSS vary). The and lawfully" (though in WD 334 a&6KO still means "im-
syntax and sense of this verse are obscure, and other readings proper").
have been proposed (see Diehl; Edmonds, Frag. 41), none of 16. Th. 313, 314.
them satisfactory. I shall therefore ignore the verse. I shall also 17. Hymn. Horn. Ven. 20; Mimn. 8. 2; Sol. 13. 12(1. 12D),
ignore the fragmentary occurrences of dike-words on papyri 4. 7 (3. 7D), 4. 11,4. 33; Th. 29, 45, 148, 378, 380, 737, 744,
and in inscriptions: Alc. I. 1. 8; Ar. 82, 137; Sim. 541. 16; 746, 749, 751, 1139, 1147; Tim. 727. 5; Adesp. 961; Cleobulina
Nomoi 19a; and Adesp. eleg. 28 (= POxy. 2327, Frags. 1 2; Certamen Horn. et Hes. 163 (Allen).
and 2a), where XpvsaCoi 86 zliK[7V is found in verse 4, but 18. Sol. 12. 2(11.2D).
the rest of West's text makes little sense and no secure context 19. Xen. 2. 13; Th. 743; Tim. 728. 3.
can be established. 20. Hymn. Horn. Mart. 5; Th. 255, 547, 794, 899, 900, 948,
12. Active: Th. 543; B. 64. 3, 64.4, 84.4, 116. 2; Nomoi 5a. 1223; Heracl. 102 (ter).
11-12. Middle: Hipponax 122 (72D), 123 (73D); Dem. 6; 21. Hymn. Horn. Merc. 316; Sol. 13. 7 (1. 7D), 5. 6, 36. 10
B. 58. 15, 84. 4. (24. 10D); Th. 146, 199, 753; Hipponax 30 (67D); Tim. 727.
13. KaTa&LKciO: Nomoi 23d, 70. &iKaaTCr (-rTip): Nomoi 16; 9; Sim. 87D (= 116 Edmonds; not accepted by West).
B. 57. 33. I omit here a few specialized legal terms, such as 22. Singular: Th. 200; B. 59. 6. Plural: Tyrt. 4. 7 (3a. 7D);
SevooiKal, "judges in cases involving foreigners" (B. 58. Th. 385, 395, 465, 737, 739, 746. The exception is Xen. 1. 15. In
10). Hipparchus 1D (not in West) and Th. 279 the meaning is
14. In discussing this pair of words, I shall generally give indeterminate. There is also a technical use of TrCiKata
only the meaning of &iKa:os; the meaning of &vILKOSis for "fines" in B. 61. 6, 61. 8. In An. 402b T aiSKaLa may have
assumed to be the negative. been part of the original reading.
 "DIKE" IN ARCHAIC GREEK THOUGHT 189

d&tKEw, etc.: This verb is not found in Hermes of the theft, but Hermes denies it,
Homer or Hesiod, but clearly means "harm and after several more accusations and
or injure" either by improper or unlawful denials he suggests, 6os Se StK77V Kai oEO
behavior. In lyric poetry it is several times 7rap&ZZqvlKpovl'ov, "plead your case and
associated with a rejection in love; dStKta hear mine in answer before Zeus son of
(if it is part of Anaximander's original Cronos" (312). Each in turn will propose
wording) means "injury"; 8tKaLoAV'r), if it a dike and Zeus will decide the matter.
occurs in this period, must mean the They do not go immediately, however, but
"practice of dike, obedience to the law"; continue arguing for a while. Apollo,
evOvStKOSis used of a city and presumably speaking truthfully,tries to "catch" Hermes
means "having a good legal process"; and OVK dt'KCWS (316), that is, with a "straight"
finally 'KcStKOS is used once of the eye of or true case,26 whereas Hermes tries to
Zeus to mean "avenging" ("sending out deceive with tricks and wiles.27Finally they
dike") and once adverbially (EKIKCtw) to go to Olympus, for there lie the "scales of
mean "unlawfully." 23 judgment" (SItK7s rTAavra, 324), the first
occurrenceof this phrase, though the image
III
goes back to the scales of Zeus in the Iliad.
(a) "Homeric Hymns":24 Dike-words Apollo makes his plea and then Hermes
are scattered infrequently through the falsely maintains his innocence, but Zeus
Homeric Hymns, and as one might expect is not deceived and Apollo gets his cattle
the use of these words in the Hymns is very back. The whole episode is instructive as
similar to that in the epics. The meaning an example of a property dispute being
of &sKcaloin its two occurrences is difficult settled peacefully through dike. The deci-
to ascertain: in Hymn to Aphrodite 20 sion to turn to dike is a voluntary one,
Artemis is said to be gladdened by (among though the final settlement of the judge
otherthings)&8KatcCVrE TrroAtSav8pJV; in seems to be binding.
Hymn to Ares 5 Ares is addressed as (b) Seventh-Century Poets: 28 Dike-words
8&KaLordraT v aye cwrtrv. Otherwise the occur only rarely in seventh-centurypoetry
meanings of dike-words are clear. and in widely diverse uses; in one or
The only concentration of such words is two cases the precise meaning of the
in the Hymn to Hermes, when Hermes and word can only be guessed at. Archilochus
Apollo are disputing over Apollo's cattle, 79aD29 is a vituperative prayer for an
which Hermes has stolen.25Apollo accuses enemy's ruin: o S l ' qSt'clCr, AX&:8' E'7T
23. d&K&o: Hymn. Hom. Cer. 367; Hipponax 115. 15 25. It seems that cattle raiding was a major occupation in
(Ar. 79a. 15D); Sa. 1.20; Sol. 4. 22 (3. 22D)?; Th. 1282, 1283; early Greece, and it was probably one reason for the creation
B. 61. 10; M.-L. 12. 21. cildKa: Anaximander 1. &SKaOWaor1 of an organized arbitration system (dike) as society became
(see n. 59): Th. 147; Titanomachia Frag. 6 (Allen); Certamen more organized.
Hom. et Hes. 168 (Allen). e8v08LKos: An. 105. 3D (= 161 26. There is almost certainly a lacuna after 315 (see Allen,
Edmonds; not accepted by West). &K8i,KO: Batrachomyomachia note ad loc.), but the meaning of dSciiKc is nonetheless
97; Sol. 36. 9 (24. 9D). clear.
24. I shall not discuss Hymn. Horn. Cer. 152, 367; Hymn. 27. Note that no disapproval of Hermes' behavior is
Horn. Ap. 458: Batr. 97. On 8&KaLoa,vr,qin Titan. and Certa- suggested; Zeus is pleased at Hermes' skill, in fact, and the
men, see n. 59. For Hymn. Horn. Mart., see also Allen's note audience would perhaps be reminded of the greatest of all
ad loc. For the expression 8&K-t6' dSLKoLaLv de?ir?in Certamen liars, Odysseus. Lying and trickery (as well as cattle stealing)
163, cf. Hes. WD 270-72 (see n. 15) and Th. 45. In these two were only discouraged as society became more centrally
latter cases dike means the positive settlement which unlawful organized.
people obtain, and the two poets are objecting to the situation. 28. I shall not discuss Sem. 12 (10D).
The poet of the Certamen, however, approves of the situation 29. West and others attribute this fragment to Hipponax
when dike ("law and punishment") is fixed upon lawbreakers. (115W).
Note also the denunciation of shameless profit in 162, which
suggests an economic context for 163.
190 MICHAEL GAGARIN

7,
OpKllotS TO TETarp TzpoS Ec)v. The sense of SKctos- as "lawful, honest" is
specific injury mentioned is the breaking of supported by evOElats and aKoAtov,31
an oath, an essential element in dike. If, both common adjectives in discussing legal
moreover, as has been suggested, the attack behavior. In referring to speech, then,
is directed against Neobule's father, IKccos3 means "straight, honest, true,"
Lycambes, who apparently reneged on an as is also shown by Mimnermus, who calls
agreement to let Archilochus marry his truth rT&vTwovXp7flca8lKatO'rarov (8. 2).
daughter, then this passage may have (c) Solon:32 Solon's poetry contains
suggested the extension of the meaning of many examples of dike-words, and for the
OtSLKE') from "injure by violating an oath" most part these occur in contexts which
to "injure by breaking a love pact," a allow us to assign fairly specific meanings
meaning which we find in Sappho and to them. As has often been remarked, the
Theognis. poems reveal strong traces of Hesiodic
Archilochus 177 (94D) is usually taken influence, perhaps nowhere more so than
to be from his fable of the fox and the crow. in Solon's concept of dike. His longest
The fox, who has been injured, makes his elegy (13), in fact, could be called Solon's
appeal to Zeus, who oversees the deeds of own comment on the Works and Days: it
men and is also concerned with the hubris is concerned with prosperity(o'A3os),specif-
and dike (aggression and lawfulness) of ically with economic prosperity or money
the animals. This must be understood as (Xp'rlaTra, 7rAoOros, KEp8os); and Solon,
an elaborate reference to the Works and like Hesiod, warns against the unlawful
Days, where Zeus is said to oversee the acquisition of property. Solon does not
hubris and dike of men, and yet has not elaborate on the nature of the punishment
given dike to the animals. which follows unlawful behavior as Hesiod
Tyrtaeus too may have Hesiod in mind does, but considers instead the timing of
when he links aidos and dike (cf. WD 192) that punishment and the uncertainty of
in speaking of the retired war hero: ov8e economic fortune. This does not mean,
TtS a(VTOV /I PATTEV OVT alCtOVS OVTE however, that he is rejecting Hesiod's
sltK? (12. 39-40). This apparently
EOE'AEL picture of dike bringing the city to ruin for
means that no one will deprive him of its unlawful behavior; in fact another
respect or of any settlement due him.30 In poem (4) makes it quite clear that he does
another poem (4) Tyrtaeus quotes the accept Hesiod's account.33 These two
Delphic oracle as telling the Spartans that poems taken together contain Solon's
their kings should speak firstin the Council, essential views on dike, though neither is
but then the common people should answer concerned exclusively or even primarily
with straight speeches and speak ra KtaAa with dike. Rather the main theme of both
and do 7rTv'ra 8bKaLta and not counsel poems is economic prosperityand ruin, and
anything crooked for the city. Here the only in the last ten lines of 4 is this theme
30. For this use of dike, cf. II. 19. 180 and Nomoi 36 (n. 7 32. I shall discuss all examples in Solon except for the
above). For the use of 3Acd7TTW with the genitive to mean textually uncertain 27D (see n. 11 above).
"deprive of," cf. Th. 705 of Persephone, lAdAci7ovaoa v6oto, 33. Solon's concept of dike may be less mythological and
"depriving them of their wits." Cf. also Od. 1. 195; Aesch. more "naturalistic" and rational than Hesiod's; his whole
Ag. 120; and Protagoras' pairing of diki and aidos in his thought is so to some extent. But for both poets dike operates
myth (Plato Prot. 322B-D). (The clause el 8e 6&K7V 3A,inToL essentially in the same way and in the same areas of human
in Adesp. eleg. 25 does not seem to shed any light on Tyrtaeus' activity, and thus I would not accept the view of Jaeger,
expression.) Vlastos, Solmsen, and others (a view rejected by Masaracchia)
31. aKoALov is Bach's supplement, accepted by most that Solon has created a new kind of Justice.
editors.
 "DIKE" IN ARCHAIC GREEK THOUGHT 191
overshadowed by another, eunomia.34To Athens. The gods will never destroy the
the extent that Solon is concerned with city, he says, but rather the people them-
dike, "lawful behavior," he discusses its selves are working to destroy her Xp-ltcaor
operation in economic affairs and its effect 7TELO66LEVOo; the voos of their leaders is
on the political consequences of these caSLKOS and they will suffer much woe as a
affairs. For Solon, as for Hesiod, the issue result of their great hubris,for they cannot
is the lawful and unlawful acquisition of restrain their excessive wealth (Ko'pos);36
wealth and its effect on the community, nor can they keep their feasting peacefully
not justice and injustice in a wider sense, in order... but they grow rich dsl'KotS
as an examination of the specific examples E'pyatl 7TEL6OOLEVOo... Sparing no posses-
of dike-words will confirm. sions, they steal and plunder and do not
This is obviously so in 13 (1D) where, preserve the holy foundation of dike, which
after making a plea for general prosperity knows all and will surely bring vengeance
coupled with the traditional wish to be in time (4. 5-16).37 In this passage it is
"sweet to my friends and bitter to my clear that for Solon actions which are
enemies," Solon continues, Xptarca o' aScKOS ("unlawful") are primarily econom-
LelpaW IEV EXELV, astKWS O S reraai ic, though these economic actions have
OVK EOE)A rrvrWS
T VcrrEpoV )AjOEitKi?(13. political implications. Dike is the more or
7-8). Here (X8lKst indicates unlawful acqui- less divine power of Law which, as in
sition of property, either by force or by a Hesiod, brings ruin upon the whole city,
crooked use of the law, and dike is used not just upon those who violate her. Later
just as in Hesiod to indicate the punish- in the poem Solon speaks of associations
ment that follows the violation of dike dear roZs- d0s&KOV0 (22),38 and in a very
(which is itself part of any well-functioning Hesiodic passage says that eunomia puts
legal process). Solon then elaborates this fetters roEs &OSIKcoL
(33) and also straight-
view by contrasting god-given wealth,35 ens crooked judgments (Evl0vvEt be sclKa
which is secure, with wealth obtained aKOAtdS, 36).39 OctlKos (aciKE'w) is not
through hubris (as in Hesiod the opposite specifically defined in either of these cases,
of dike), which d&lKolt E`'py/aCrt 7TreLOdLEVOS but it presumably continues to refer to
comes only reluctantly and soon brings those who acquire property illegally. The
destruction. Again, a6SKos clearly means end of the poem (30-39) suggests that for
"unlawful." Solon eunomia is the overall condition of
In 4 Solon turns his attention to the a well-ordered city, and dike-the legal
specific political and economic situation in process for settling property disputes-is a
34. On eunomia, see Ostwald, esp. pp. 64-69 on Solon. was a hexameter beginning rTAovTroVav 8' cotKots. The ending
35. God-given wealth is presumably that which is lawfully of the verse became corrupt somehow, and it was then restored
obtained by hard work, not a miraculous windfall. All from Sol. 13. 12 (cf. Sol. 4. 6; Th. 380, 948).
financial gain, as Solon says later in this poem, results at 38. The reading in 4. 22 (3. 22D) is uncertain. The difficulty
least partly from divine help. Cf. Th. 197. with the generally accepted Troit daoKovDao >iAat (MS
36. This is the basic meaning here, though both Campbell kiAots) is that dLKe&ois never used in this period in a general
and Gerber suggest that the notion of "insolence" may also sense of "be lawless," but always with reference to a particular
be present. However, I do not think the Greeks at this time injured person (in Hymn. Horn. Cer. 367 the unexpressed
have any separate concept of insolence as a part of a person's object of d&SK7adcvTWovis clearly Persephone). This may be
character. Kdpos as "excessive wealth" implies certain kinds why West emends to fiAovs, but the sense obtained thereby
of behavior, and what for us is a distinct trait of character is is questionable. A better solution, I think, would be to read
for the Greeks merely an aspect of a material condition. TOtS ai&KOLo cflAats. The change from participle to adjective
37. Verse 11 is a pentameter instead of the required is paleographically very slight and the resultant expression
hexameter, and thus lacunae are usually posited before and would be in accord with normal usage.
after it. But there is no apparent gap in the sense of the 39. For the Hesiodic nature of this whole passage, see
passage, and it is thus also possible that verse 11 originally Campbell's note on 3. 32 (= 4. 32W).
192 MICHAEL GAGARIN

specificand limited aspect of that condition, such as his new class divisions, were
perhaps the most important aspect. economically based. As he undertook his
In several other poems of Solon, dike- task of basic economic reform, he found a
words also appear in economic contexts literary precedent for his views in the
with political implications. In 5 Solon says Works and Days, where dike operates
he helped both the demos and those who primarily in an economic context with
held the power and wealth, and he let political implications. He was thus able to
neither side gain a victory od3ScKw (5. 6). put into effect innovative reforms, while
And in his iambic poem (36) he speaks of still presenting his views on dike and
bringing home those who had been sold prosperity in general in traditional terms.
into slavery, dAAov EKStKWoS/ aAAov (d) Sixth- and Early Fifth-CenturyLyric
SLKcatlW (36. 9-10), where EKtSIKCS is Poets (except Theognis):42 The scattered
apparently used mietrigratia for atKcws.40 examples of dike-words in these poets
This poem, in which Solon defends his generally conform to normal usage.
economic reforms, also contains three Sappho's use of SLKE'co (1. 20) to mean
examples of dike in easily understood con- "injure in love" may be derived from
texts.41 Finally, the only dike-word not Archilochus 79a (Hipponax 115W, see p.
used in a legal or economic context is in 190).43 SIK&aCOLat, "to plead a case,"
Fragment 12 (11D), where Solon says that occurs in fragments of Hipponax (122,
the sea, if not stirred up, is nrdvrwvStKato- 123 = 72, 73D), and with SlKIv as a cog-
TCrdT ("most peaceful of all things"), nate accusative in Demodocus 6. S'KcaLo
though it is quite possible that this frag- apparently means "lawful" in Hipponax
ment has a political application, as do the 30 (67D); Timocreon 727. 5, 727. 9; and
natural phenomena mentioned in 9 (10D). Adesp. 961. In the last three instances the
We can conclude that Solon, in his context is one of financial gain.44 On the
poetry at least, considers dike to be pri- other hand, there seems to be no specific
marily a legal system for regulating eco- reference in Hipparchus 1D (a(TEXE StKcata
nomic exchange, and that as such it also tpovciv), which may be a political slogan.
has considerable political significance. This Dike occurs together with EVvoHta and
accords with the historical tradition that elpava in a very Hesiodic fragment (Adesp.
Solon was a merchant, that the crisis which 1018b; cf. Theog. 902), and Simonides likes
led to his election as archonwith full powers a person who knows OrVaqcrroAtv Sl'Ka
was at root an economic one, that his most (542. 35). In both these fragments dike is
important reforms were economic, and the Hesiodic "legal process, Law." In
that even many of his political reforms, another fragment of Simonides, however,

40. On iKaiois here meaning "legally," not "justly," 42. Adesp. 940 and An. 105. 3D need no comment.
Gerber (note ad loc.) quotes Woodhouse, Solon the Liberator, 43. Rivier is right to insist that the use of du&Ko here is
p. 132: "[Solon] does not mean, of course, that some had, not completely metaphorical; there must still be some
and some had not, deserved their fate, but has in mind suggestion of a legal violation. But his solution, that the girl
formal correctness of procedure in dealing with judgment has merely broken the vows she made upon entering Sappho's
debtors." "circle," is unnecessary. Sappho probably uses d&Kie
41. 36. 3, iv 8iKnxpo6ov("in the court of time"), a very because the girl has broken her vow or oath of love.
vivid expression (cf. Anaximander's KaTd rTiv Tov xp6vov 44. The riddle of Cleobulina (2), "I saw a man stealing and
Taicv). 36. 16, 6,to/ 13irnvTE KCa 8LKr)V ouvapJ6aoaa ("having deceiving by force and this forcible action was the most
joined together force and Law"), an apparent allusion to the lawful," may belong to the archaic period, but is more likely
opposition of bia and dike in Hesiod. 36. 19, "I wrote laws" to date from the sophistic period. The paradox is preserved
eVOelav elS ('KacTOv dpo6aCas 8iKbv ("fitting out a straight by the author of the Dissoi Logoi. In Sim. 87D (= 116
legal process for each person"). (Note the clearly political Edmonds) OVK cdSiKUC indicates that the public expenditure
uses of dyaO6dand KaK6O
in 36. 18.) of money was legal in this case.
 "DIKE" IN ARCHAIC GREEK THOUGHT 193
dike seems to have moved beyond its accepted answers. It is not my intention
Hesiodic meanings. Danae afloat with to propose any new solutions or even to
Perseus asks that the sea sleep and that decide among those already proposed, for
their troubles sleep too, "and may some I am not concerned with the authorship
change come from you, Zeus." Then she or date of the poems, assuming that most
adds, "That I make a bold request and one of the verses were written before 480. I
apart from dike, forgive me" (543. 26).45 shall thus treat the collection as if it were
Here, it seems, dike is used as in Heraclitus the work of a single sixth-century author,
to mean a universal natural order. Theognis.48 The one problem, however,
Finally Xenophanes presents two un- which might cause difficulty is the division
usual examples of StKatos. In 1. 15, when of the work into individual poems. Take,
he says that one's first duty is to pour a for example, the couplet, (dx' oper7 rptipov,
libation and to pray that one can do r& KaI TOtL rd otKCOlatC L ' EOToW, /
/f[77E (YE
StKata, the word has either a general unde- VLKfCTT KEpSOS 0 Tr' acrXpO%v'r (465-66). If
fined meaning, or a specific reference to the hexameter stood alone, one might be
drinking, for he continues in 1. 17 by tempted to see in ra &iKcata a moral con-
saying that it is not hubristo drink heavily cept, "justice." The pentameter, however,
so long as one can still get home. And in 2. suggests that the exhortation is more
13, after complaining that athletes receive limited and concerns the acquisition of
honor while he does not, Xenophanes says wealth rather than behavior in general.49
that this practiceis purposeless (e'K?); nor is Now the division of the Theognid corpus
it SlKatov to prefer athletes' strength to his into individual poems is by no means
own (poetic) skill, for they contribute neither certain: there may be cases where, if we
to eunomianor to a city's treasury. SlKcaos have one connected poem, then the context
here means "fair," a meaning derived from of a dike-word is specified, but if we divide
the original idea of a straight dike, but the the passage into two poems, then the
context specifies economic and political context is unspecified. Fortunately there is
fairness, not a wider sense of justice.46 fairly widespread agreement in all the cases
(e) Theognis:47 The verses which have which we shall consider.50
come down to us under the name of Turning to the text, we find dike with
Theognis present many serious questions the specifically legal meanings of "court"
as to authorship, date, and composition, (268), "ruling" (544, 688),51 and in the
for which there are as yet no generally plural "settlements" (45, 54).52 There are

45. OTT,8&Oapaaeov Trros Ecxoua i) va4kL8LKaOS,

aCrvyyvci uol. can feel confident in drawing such conclusions about the use
46. 8IKaov (sc. oiTL) in Tim. 728. 3 seems to have the and meaning of these words.
same meaning as in Xen. 2. 13, though there is little indication 50. I have used West's text and have also consulted the
of the context. editions of Edmonds, Young, and Van Groningen. The first
47. I shall not discuss 938 (= Tyrt. 12. 40) or 543 (&LKdWCo). two of these agree with West in the division of the poems as
48. Most scholars seem to agree that someone named far as concerns us, so I shall only mention cases where Van
Theognis wrote at least some of the verses (perhaps most of Groningen disagrees.
19-254 and a few scattered others). When he lived is in doubt, 51. On lK77VEtTreLV in 688, cf. H1.18. 508; for the thought, cf.
though most would place him somewhere in the sixth century Hes. Frag. 43a. 38.
(West, however, now suggests 640-600). The collection as 52. On 45, cf. Hes. WD 270-72 (see n. 15). On 54, Van
we have it was probably not compiled before the fifth century, Groningen compares Od. 9. 215 and HI. 16. 542, and remarks,
and some material may have entered it at a much later date. "Ces passages indiquent que par &LKCiil faut entendre les
For bibliography on this problem, see Campbell, p. 347 principes, les regles, et les sentences judiciaires sur lesquels
(select) and Young, pp. xxi-xxviii (full). se base la vie politique et sociale d'une communaut6 bien
49. This interpretation could be challenged, but when we organis6e." I would omit "les principes," but otherwise agree
find dike-words occurring in similar contexts over and over completely.
again and only rarely in any other specific context, then we
194 MICHAEL GAGARIN

also several uses of dike in the Hesiodic Ecrrt l KcLOV (743), which must mean
sense of "Law" (132, 197, 292, 1121), "how is it in accord with dike, how is it
including "punishment for the violation of fair economically," where the situation
dike" (207).53Of these cases, in 132 dike is about which Theognis is complaining is
called oCr]t,though the context is general; that the dSltKoS is rich while the &LKaCo
t
in 292 hubrishas conquered dike, a reversal are poor (749-52; cf. Xen. 2. 13).
of Hesiod's prediction (WD 217);54 and The only specifically noneconomic use
in 197, 207, 1121 the context is economic. of SiKaLos seems to be 313-14, where
These examples suggest that Theognis, like Theognis says that he rages (Ctatvoact)
Solon, considers dike a legal term with among the raging and is t&KatorTarog
specific economic and consequently politi- among the LKacOLt. The context is not
cal application. specified, but if the suggestion of some
This suggestion is confirmed by Theog- scholars (e.g., Edmonds and, less confi-
nis' use of StcKalos / iStLKOS as adjective dently, Van Groningen) is correct and the
and neuter noun, for almost all examples reference is to a symposium, then Kcatos-
occur in a similar legal-economic-political means "proper, moderate" in one's drink-
context. Sometimes the context is not ing, a meaning we have also found sug-
specific enough to allow us to determine gested by Xenophanes 1. 15.57I should also
the meanings of the word (255, 279, 547, mention the verb S&&IKco,which is used in
794, 899, 900, 948, 1223), though in none 1283 and perhaps in 128258 in an erotic
of these examples would an economic- content to mean "injure in love" (compare
political meaning be impossible.55 Almost Sappho 1. 20). Finally, there is one occur-
all other examples, however, occur in con- rence of tKatoavvrqin the Theognid corpus,
texts either partially or completely econom- EV K6 8LKatOavtvrIo vXAArr&v Trao' EcpErr
ic, often with political overtones (29, 45, 'a-tv (147), where it apparently means
146, 148, 199, 200, 378, 380, 385, 395, 465, "the observance of dike, lawful behavior";
737 bis, 739, 744, 746 bis, 749, 751, 753, here again the context is economic,
1139, 1147).56We also find the phrase rrcS though 147-48 may be a later addition.59
53. In 330 Theognis says that the slow but sensible man grant the poet 7Triv Eali TraLi Lv Kar T 8[KCLoa povElv (26.
will overtake the swift man aov ev0en[ Oev 8iK.7dOavcircv. This 16W = 1. 16D).
probably means "with the help of punishment from the gods." 58. The reading at 1282 is in doubt, but something like
54. For 291-92, cf. also WD 190-94. West's suggestion, oizts eTELt' dciKuv, is possible.
55. 279, Td 8tKaca vojutietV: Van Groningen compares 59. Th. 147-48, which is also cited as Phocylides (10D) by
Hdt. 4. 106, 8iKtV VOgl(OVTES, of the uncivilized Andro- ancient sources, has been thought by some to belong to a
phagoi, who are unacquainted with the process of Law period later than the mid-fifth century, one reason being that
547: whatever the precise meaning of 8Ciatos- here, West's &iKaioa3V7 is not otherwise attested in any work securely
punctuation, which requires that rTC &Kaicu be equivalent to datable before Herodotus (see Havelock, p. 69, n. 51).
6&KaiWo, is unlikely to be correct. The meaning is obscure 8CKatoacVr does occur twice in material I have included in
however one punctuates. Note the traditional contrast this study because of its inclusion in Allen's collection of
between IsKaMOand &Lc6ouaL, and compare 793-94, where Homerica. One case, Certanien Horn. et Hes. 168, is almost
&iKcLOS is contrasted with 8r,Aseoat. 899-900: none of the certainly later than the archaic period (see Lesky, Hist. Grk.
proposed texts provides a specific context for &gKaos. 948: Lit., p. 93), and, as Eric Havelock points out (in a letter), the
dSiLKois in a political context here, but we cannot tell whether whole passage, Certaimen156 ff., readslike versifiedphilosophy,
the daiKOLare opposed to the demnosor not. 1223: the meaning some of it echoing doctrines from Plato's Republicand none of
here is very unclear. it likely to be earlier than the sophists. The other example,
56. 378-80, 737-39, and 1139 are in economic contexts if Titanomachia 6, is more puzzling: [Chiron] eis TE &KCaLoar6])V
we accept the connections at 382-83, 742-43, and 1146-47. 0vriT)CV yevoS ryacyE ESeas / IpKouv Kai Ovaias Ahapdg Kca. axrjcaTr'
In all of these places Van Groningen marks a division. 'OAvu'Tov. G. L. Huxley (Greek Epic Poetry [Cambridge,
57. This application of iKamOS to behavior at symposia Mass., 1969], pp. 22-28) considers this an original fragment
may perhaps suggest that there were, or were thought to be, from an early Titanonmachia,perhaps by Eumelus, but his
"laws" governing such behavior. Cf. also a fragment of the claim that "the patterns of Olympos are the constellations, the
later Ion of Chios (fifth century), which celebrates drinking identification and mythology of which formed a substantial
and Dionysus, and which concludes by asking the gods to part of early Greek hexametricpoetry" (pp. 25-26) is extremely
 "DIKE" IN ARCHAIC GREEK THOUGHT 195

Theognis reveals in all his poetry a con- be a universal cosmic force, we cannot be
siderable interest in financial gain and losssure, but Heraclitus certainly did. His
and a concern for the consequences of any fragments reveal a concept of dike which
redistribution of income, especially the develops from the Hesiodic sense of "Law"
political consequences of the rise of the and "punishment for the violation of Law"
nouveaux riches. Like Solon, he writes (Frag. 28) into a cosmic and universal
about dike, the legal system for peaceful force, which controls the path of the sun
and orderly economic exchange, and (94) and embodies the principle of conflict-
laments both the violation of dike by the ing forces (23, 80).62 Dike for Heraclitus
a&SKOL and the failure of the system to stands with Aoyos, 0Eos, and other words
punish these adKScoL.Unlike Solon, he can as an embodiment of his view of the unified
do nothing about this failure, and if he opposition of all things, a concept which
could, his remedies might be quite different was perhaps suggested by Anaximander
from the Athenian's; but the language he and can be easily derived from the tradi-
uses to describe and lament the situation tional use of dike to refer both to the two
(in particular his use of dike-words) is opposed "pleas" of the litigants and to the
remarkably similar. unity implied in "settlement, court, trial,
(f) Presocratics:60Among the Presocrat- and legal process."63 Finally, although
ics dike is a rare but important word, Parmenides says little about the precise
probably first used by Anaximander in the nature of dike, he does include it in his
sense of "settlement, penalty."61 Whether poem as an important divine power (1. 14,
Anaximander thought of dike as anything 1. 28, 8. 14) in a way that is quite consistent
more than a settlement or penalty, and in with the dike of Hesiod and Heraclitus.64
particular whether he considered dike to (g) Laws and Inscriptions: The evidence
dubious. We do much better to follow O. Gigon (Der Kampf 62. It is possible that in Frag. 23 TavTa refers to the oppo-
der Gotter und Titanen [Lausanne, 1961], pp. xix-xx, who con- sites, in which case this fragment supports the view of 80
siders the two verses am verddchtigsten, finds axj,CaT' 'OAvjtrrov that dike is eris. Frag. 80 recalls Hesiod's discussion of eris
incomprehensible, points out that aX71ia occurs nowhere else (WD 11-26), and the standard view is that Heraclitus is here
before the fifth century, and concludes that the two verses are correcting Anaximander, who saw strife as "injustice" (see,
a late fabrication. Thus neither of these two examples can be e.g., Kirk in Kirk and Raven, The Presocratic Philosophers,
used to support the authenticity of Th. 147. On the other p. 195). But as I understand Anaximander, he means only
hand, I do not think we can completely rule out the authen- that an encroachment (daiKia) by one substance is compen-
ticity of Th. 147-48, for 148 reads like a typical verse of sated for by an eventual penalty (dike), and this overall
Theognis, and 147 seems to be an attempt to say the same process of encroachment and compensation is precisely dike,
thing in a hexameter (whence the creation of a new and longer though we cannot be sure that Anaximander referred to it as
word?). And if 147-48 were originally connected to 145-46 such. (There is no necessity, by the way, for this reciprocal
then the economic context of these two verses controls the process to occur between equals, i.e., the opposites, as is
meaning of 147-48 as well. usually thought; cf. Sol. 36. 18-20). Thus Heraclitus in 80 is
60. I omit discussion of Heracl. 102, where the meaning accepting Anaximander's theory of continuous cosmic strife,
of 8iKatos is indeterminate. and he may also be following Anaximander in calling this
61. The original wording of Anaximander's fragment is strife dike.
uncertain. 8CKrv &866vatis probably original (this is the first 63. For the idea of balance associated with dike, see
example of this phrase meaning "pay the penalty"), but it Hymn. Horn. Merc. 324 (&iKr7esTdavTa) and Hes. Frag. 286
seems to me less likely, though not impossible, that idSKia (e Ke 7Tri0ot, Cr 7s' epefE, iK-7 K' IOeta yevorTO).
belongs to Anaximander's language, since the word occurs 64. The description in 1. 14 of Dike holding keys suggests
only rarely before the middle of the fifth century and it is not the image of a jailer, and this impression is supported by the
the sort of word one would describe as "poetic." Kahn adjective TroAt7roLvos and by the later description of Dike
considers it genuine (the omission of TrS'dc&Kasin "Anaxi- not loosening the fetters with which Being is bound (8. 14).
mander's minimum text" on p. 172 is a misprint), but his In 1. 28 the phrase 0tuLs e &LK7 re (sc. le4i) suggests the
main argument is that d&Kita "is frequent in early Attic and sense "it is proper" for dike, though the phrase may also
Ionic" (p. 169), which it is not. To my knowledge, its only refer to the larger sense of dike embodied by the goddess
other occurrence during this period is on one Attic vase Dike (who is probably not the speaker).
from the late sixth century, where Dike is apparently killing
Adikia (CVA Vienna Kunsthistorisches Museum 2, p. 51;
cf. Beazley, ARV2, p. 11, No. 3).
196 MICHAEL GAGARIN

from inscriptions is almost entirely con- We have seen that during the archaic
fined to legal uses of dike-words;65 I have period dike-words occur in both verse and
found no general or nonlegal uses of dike prose in a wide variety of contexts, includ-
and 8IKamOS / S&Kicosin seventh- and ing love, drinking, and cosmological
sixth-century inscriptions. This is perhaps speculation. Nonetheless, it is clear that
not surprising in the prose inscriptions, the primary application of these words is
but we might expect to find someone to the area of Law and lawful behavior,
described as StKaos' in verse dedicatory and that for the most part this means
or funerary inscriptions, where we find property law and economic behavior to-
an abundance of such common adjectives gether with their political implications. I
as cya06s, E'craAos, craopov, etc. This sug- have argued that this emphasis can be
gests that by the beginning of the fifth attributed in part at least to the influence
century dike and 1Katos-/ dSCKOsare still of Hesiod's Works and Days, a didactic
primarily legal terms and have not yet poem about prosperity which contains an
acquired more general significance in the important tribute to dike as a necessary
popular language, though such a conclu- requirement for prosperity (213-85). He-
sion from negative evidence is risky. I have siod recognized, as many others must also
already mentioned the various legal mean- have recognized, that as people become
ings of dike-words, and since there are no organizedinto larger social units (thepolis),
unusual uses either in the inscriptions or material prosperity depends more and
in the fragments of Attic laws which may more on an accepted peaceful process for
be Solonian, I shall not discuss any partic- property acquisition and exchange and for
ular cases here.66 the litigation of property disputes. This
IV process, dike, became firmly established
during the archaic period, and many laws
This survey of dike-words thein archaic were written concerning economic be-
period has purposely been brief, and I have havior.67 Hesiod also recognized that a
for the most part confined discussion of healthy legal process is essential to the
specific passages to those where the mean- general well-being of the polis, and that
ing is difficult to determine. I have done violations of dike in the long run harm the
this because of the large number of entire city. This idea too was later taken
examples of dike-words in this period, and over by Solon and Theognis.
because my conclusions are based not so Another aspect of Hesiod's view of dike
much on the evidence of any one example which survives is the connection between
or small group of examples as on the dike and Zeus. Solon, Theognis, and others
cumulative weight of the large majority of connect Zeus with dike (e.g., Sol. 13; Th.
examples. 197; Ar. 177). Theognis also appeals to
65. M.-L. 12 is a Greek translation of a letter of Darius a set not included in the surviving code (see Willetts, p. 9).
and contains one normal use of d&Kew. But this attitude is the result of our own view that "criminal"
66. Dike-words occur in the following inscriptions in this law is more basic than "civil" law. This does not seem to
period: B. 57, 58, 59, 61, 64, 84, 116, 117; M.-L. (where they have been the Greek view, at least in the archaic period.
do not duplicate Buck) 8, 12, 13. They also occur in the follow- Note, for example, that at Gortyn rape is treated as a property
ing laws: Nomoi 5a, 13, 15b, 16, 19a, 19b, 23d, 36a, 36b, violation requiring only monetary compensation. It seems
48b, 70. to me unlikely that Draco or even Solon said very much
67. It is usually thought to be merely an accident that about homicide, and most of the homicide laws which survived
almost all early laws which survive deal with property and in the fourth century were probably written in the fifth
almost none with homicide (see Bonner and Smith, p. 79). century. For a sensibly cautious attitude toward early homi-
It is sometimes suggested, for example, that there was prob- cide law, see MacDowell, pp. 6-7 (against which see Stroud,
ably another set of laws at Gortyn dealing with homicide, pp. 60-64).
 "DIKE" IN ARCHAICGREEKTHOUGHT 197
the gods in general (e.g., 748), speaks of oc'r/ of 8&catos.69But the most radical expan-
S&K7r(132), and contrasts evae3LWv with sion seems to come in Heraclitus, where
d&SKcow (145-46). The divine sanction for dike becomes a universal cosmic force of
dike is not so clearly or elaborately stated as balance and order; and it was probably
in the Worksand Days, but it seems to be an Heraclitus' influence, together with that
underlying assumption that a violation of of Hesiod and Solon, which led to the
dike is in some sense an offenseagainsta god. fifth-century concept (especially in Aeschy-
In spite of this divine sanction, dike still lus) of dike as a universal force of balance
does not become a moral value; its sphere and order in human affairs.70
of reference remains legal, with particular I should still not call any of these
emphasis on economic and political beha- meanings "moral," and yet we can see, I
vior. There is no clear example in the ar- think, how dike and 8iKatos achieved
chaic period of SlKcato / aScKOS as an moral significance. For, although it is still
adjective applied to general behavior. In primarily a legal term for the regulation of
inscriptions dike-words are almost entirely economic behavior, both Solon and Theog-
restricted to purely legal meanings, and all nis recognize and emphasize the political
dike-words are rare in the lyric poets except importance of dike. The well-being of the
for Solon and Theognis. Clearly dike has polls depends upon its citizens' being
not yet achieved the general moral impor- 8tcatot, and the question, how can one be
tance it has (as 8tKatcoVrq) in Plato and icKacos, became a central concern of the
Aristotle. fifth-century sophists.71 Building upon
There are, however, scattered examples their work, Plato gave the newer noun
which suggest that some of the authors in l8KatocravV a central importance in his
this period are trying to give dike a more moral system, without, however, forgetting
general significance. Dike in Tyrtaeus 12. the original political value of dike; for,
40, for example, may suggest that the old when in the Republic he maintains that
war hero has won certain "rights," which 8tKactoavVr in the soul can only be
are not necessarily moral but which may realized if there is 8tKatoavVr7 in the polls,
be more general than the outcome of a Plato continues the archaic emphasis on
particular lawsuit. Similarly the economic dike as a system of economic and political
"justice" which Xenophanes requests (2. law and order. Dike first developed its
13) is more than legal compensation,68 meaning and importance in the context of
just as it is on more than purely economic organized society, and thus in the fifth and
grounds that Simonides (87D) calls a city's fourth centuries StKatccr'v-7 continued to
expenditures for a tomb OVK X8lKwcs.And be understood in terms of economic and
Theognis, by blending economic, social political order.72
and political concerns, certainly contrib-
utes to the enlargement of the meaning UNIVERSITY OF TEXAS AT AUSTIN

68. Cf. also Tim. 728. 3 (see n. 46). the polis depends upon dike (and aidos); see Plato Prot.
69. For example, Th. 731-52, which has the greatest 322B-D.
concentration of dike-words in Theognis, protests that the 72. Cf. Arist. EN 1. 2. 8 (1094b8-12), where the good for
8IKaLOL suffer whereas the d6iLKOdo not. The context is the individual is said to be the same as, though less than, the
apparently rather general until the last two verses make it good for the polis, and EN 5. 2. 2-6 (1130a16-b5), where the
specifically economic. particular aspect of injustice is said to be the desire for
70. Sim. 543. 26 (n. 45) may be an example of this meaning. profit.
71. According to Protagoras' myth, the very existence of