I. Literary Tradition and Early Greek Code-Makers

Abstract

The literary tradition about the makers of early written codes in Greece presents so many contradictions and inconsistencies that it is natural to take refuge in complete scepticism. But if the tradition is analysed, it appears that there are two strata, the first reasonably consistent, matter-of-fact and credible, the second progressively vitiated by influences which can be isolated and explained. The division between the two strata lies about the year 300 B.C. and the primary tradition is not necessarily less credible because of the existence of the secondary tradition, which proves not that the primary tradition was false, but that truth itself could not prevail against the pseudo-history which set in after Aristotle. The primary tradition about the personalities of the early makers of codes cannot be lightly rejected; the content of their codes, as far as it is given in the primary tradition, is not inconsistent with the general character of early Greek lawgiving as it can be reconstructed from other evidence.