Abstract

The understanding of law in Ancient Greece was based on the religious interpretations of human nature and natural laws. Two Greek goddesses were representatives of justice and fairness. In the ancient sources Themis is presented as a goddess and prophetess, one of the Titans and the daughter of Gea and Uranus. She is a symbol of divine order, justice, natural law and good customs. Dike, the daughter of Themis, is the goddess of justice and truth, the protector of rights and courts of justice, the arbiter, the symbol of honor, the goddess of revenge and punishment. In early Greek culture and poetry, the terms themis and dike represented justice in the meaning of cosmic order, natural law, and legality. The paper analyses the Hellenic notions of justice, fairness and legality embodied in the phenomena of themis and dike. Nomos (law) is just only if it is in harmony with themis, and law is valid only if it is just. The paper presents the doctrines of Hellenic writers, poets and playwrights on justice and law, with special reference to the influence of mythology on Hellenic law. Publius Ovidius Naso’s work „Metamorphosis”, which speaks about Themis’ role in the creation of the world and the salvation of the human race is one of the greatest sources about this goddess. In Homer’s „Iliad” and „Odyssey”, epics that sing of the heroic spirit, justice is shown in the motives, intentions and behavior of the participants in the event, mostly heroes. The poet Hesiod, famous for the poems „Theogony” and „Works and Days”, moves away from the heroic virtues of people and portrays the gods as bearers of moral power and guardians of justice. In the light of legislative reforms, Solon’s dike represents the progress and well-being of society through economic reforms, which is why justice and injustice refer only to legal and illegal acquisition of wealth and its effect on the community. Aeschylus’ „Oresteia” shows the principle of justice based on talion, according to which the punishment has to be identical with the committed crime. One of the greatest Ancient Greek playwrights, Sophocles, based his play „Antigone” on the conflict between the laws of men and the laws of gods. According to Herodotus, the greatest Ancient Greek historian, the actions of the gods govern human destinies and historical events. The idea of justice in Ancient Greece was all throughout its transformation based of the universial concept of natural balance.

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