Wednesday, November 15, 2017

TFBT: Arbitration I

Over at the Kosmos Society we discussed "justice" and a fellow member shared the defining moment in the foundation myth of the juried legal system;

"It is my duty to give the final judgment and I (Athena) shall cast my vote for Orestes. [735] For there was no mother who gave me birth; and in all things, except for marriage, whole-heartedly I am for the male and entirely on the father’s side." (Eumenides) 

My friend added, "To me, this doesn’t sound like a basis for justice, but a foundation for a patriarchal justice system."  I nodded sadly in agreement when she lamented the lack of justice for Ancient women. But, walking my dog Derby last night I recalled Marpessa.  Here is her story:

“Apollodorus [1.7.8] Evenus begat Marpessa, who was wooed by Apollo, but Idas, son of Aphareus, carried her off in a winged chariot which he received from Poseidon.  Pursuing him in a chariot, Evenus came to the river Lycormas, but when he could not catch him he slaughtered his horses and threw himself into the river, and the river is called Evenus after him. [1.7.9] But Idas came to Messene, and Apollo, falling in with him, would have robbed him of the damsel. As they fought for the girl's hand, Zeus parted them and allowed the maiden herself to choose which of the two she would marry; and she, because she feared that Apollo might desert her in her old age, chose Idas for her husband.” 

So, Marpessa got a little justice (avoided an undesirable marriage) thanks to arbitration by Zeus. Pausanias describes Briareus as adjudicator or arbitrator between Helios and Poseidon for dominion over Corinth. (2.4.5 & 2.1.5)The River Inachus with the Rivers Cephisus and Asterion judged concerning the disputed land of Argolis between Poseidon and Hera. (Pausanias 1.15.4) 

I am seeing adjudication here as a third way to justice, rather than just vendetta (violence) or jury. Odysseus adjudicated the conflict between the suitors of Helen, via the Oath of Tyndareus[i].  An adjudication which insured that Marpessa’s cousins Helen[ii] and Penelope[iii] also had a say on who they wed. 

 



[i] Pausanias 3.20.9 & Hyginus Fables 78
[ii] Hyginus Fables 79
[iii] Pausanias 3.20.10-11

2 comments:

  1. Bill,
    How do you think, why did Zeus let Marpessa choose? When Zeus himself set his eyes upon a female, she was never given any choice.

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  2. Maya,

    Idas was a descendant of a Gorgophone and at the time, the strongest man in the world. His brother had supernatural eyesight and most of his cousins were the Spartan gods eventually elevated to Olympus; Helen, the Discouri, Hilara, Phoebe and four presumably warrior-gods like their fathers. The previous strongest man in the world beat up Hades, Hera, Death, Giants, various monsters and had to be seperated from Apollo in a similar fight. In other words based on previous experience men like Idas should not be fooled with littly.

    The Olympians might have learned their lesson in their battles with the descendants of Telephassa; the gods of Thebes, most prominently Heracles and Dionysus . The first brutalized all the gods and daemons above and the second literally kicked in the blue door of Heaven and entered with wife and mother in tow.

    Zeus was being cautious for once.

    Bill

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