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Cretan Laws and Cretan Literacy
JAMES WHITLEY
Abstract
A high degree of literacy and the appearance of writ- It is suggested that we need a theory of law and literacy
ten law are factors that have in the past been seen as that takes greater account of cultural differences within
necessary conditions for the development of Greek de- Archaic Greece, in particular the different roles of
mocracy. It would be natural to infer that widespread narrative art and oral performance in Attica, Laconia,
literacy and written law would occur together in the and Crete.*
same regions of Archaic Greece in which democracy
would later develop. The purpose of this article is to
INTRODUCTION
examine whether this supposition is supported by the
relevant archaeological and epigraphic evidence.
In Orwell's Animal Farm, the animals, hav
Crete possesses the best epigraphic evidence for the
development of written law in Archaic Greece. Numer- cessfully rebelled against their human owne
ous inscriptions of legal character are found on most upon a set of laws that are to enshrine the pr
of the major cities of the island. But signs of informal of their new state, their new politeia. Orwell
or widespread literacy in Crete are slight, and it is noto- "They [the pigs] explained that by their s
riously a region where democracy never developed. In
Attica, on the other hand, there is abundant evidence
the past three months the pigs had succeede
for widespread "craftsmen's" literacy in the sixth century,
ducing the principles of Animalism to Seven
but little epigraphic evidence for written law. The evi- mandments. These commandments would now be
dence for literacy in Archaic Sparta is examined briefly; inscribed on the wall; they would form an unalter-
the Spartan use of writing has much more in common able law by which all the animals on Animal Farm
with Athens than with "Dorian" Crete. In both Sparta
must live for ever after."' Orwell goes on to describe
and Athens, an aristocratic, agonistic, and personal use
of literacy prevailed throughout the Archaic period. how two pigs, Snowball and Squealer (who is later
The relationship between literacy, written law, and to emerge as the orator, remembrancer, and scribe
the social order needs to be thoroughly reexamined. of this community), write down this unalterable law:
* This is a revised version of a paper delivered first at Gagarin M. Gagarin, Early Greek Law (Berkeley
the Institute of Classical Studies in London in October 1986).
1994 and later in Cardiff in September 1995 and Freiburg Harris W.V. Harris, Ancient Literacy (Cambridge,
in July 1996. I would like to thank everyone who attended Mass. 1989).
for their comments, especially Alan Johnston. In a shorter Hoffmann H. Hoffmann, Early Cretan Armorers
form, this paper will appear in a volume entitled Archaic (Mainz 1972).
Greece: The Evidence and Its Limits, edited by H. Van Wees Immerwahr H.R. Immerwahr, Attic Script: A Survey
and N. Fisher. The following kindly supplied me with photo- (Oxford 1990).
graphs: Dyfri Williams at the British Museum; the Centre Jeffery L.H.Jeffery, "The Inscribed Gravestones
for the Study of Ancient Documents, Oxford University; of Archaic Attica," BSA 57 (1962)
the Museum of Classical Archaeology at Cambridge Uni- 114-53.
versity; and Herbert Hoffmann. Much of the work for this Jeffery and L.H. Jeffery and A. Morpugo-Davies,
article was done while I was first School and then Macmillan- Morpugo- "FOINIKAETAE and FOINIKAZEN:
Rodewald Student at the British School at Athens, and I Davies BM 1969.4-2.1, a New Archaic Inscrip-
would like to express my gratitude to that institution for tion from Crete," Kadmos9 (1970) 118-
its essential support. Finally, I would like to thank every- 54.
one who has offered useful criticisms on earlier drafts of
LSAG2 L.H.Jeffery and A. Johnston, The Local
this paper, in particular Nick Fisher,John Bennet, Anthony Scripts of Archaic Greece2 (Oxford 1990).
Snodgrass, and the two anonymous AJA referees. Thomas R. Thomas, Literacy and Orality in Ancient
The following abbreviations are used below: Greece (Cambridge 1992).
Blome P. Blome, Die figiirliche Bildwelt Kretas Viviers D. Viviers, "La cit6 de Dattalla et
in der geometrischen undfriiharchaischen l'expansion territoriale de Lyktos en
Periode (Mainz 1982). Crete centrale," BCH 118 (1994) 229-
Boardman J. Boardman, The Cretan Collection at 59.
Oxford: The Dictaean Cave and Iron Age Willetts R.E Willetts, The Law Code of Gortyn
Crete (Oxford 1961). (Berlin 1967).
Dawkins R.M. Dawkins ed., The Sanctuary of Arte- 1G. Orwell, Animal Farm3 (London 1971) 20-21.
mis Orthia at Sparta (London 1929).
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636 JAMES WHITLEY [AJA 101
The Commandments were written on the tarred wall done. The public will be enabled to criticize, amend,
in great white letters that could be read thirty yards
and improve. That written law serves the interest of
away. They ran thus: a more equitable social order is a view shared by
THE SEVEN COMMANDMENTS
many ancient and modern commentators, and it is
1. Whatever goes upon two legs is an enemy.
partly for this reason that Zaleukos, Charondas, Ly-
2. Whatever goes upon four legs, or has wings, is a
friend. curgus, Pittakos, Dracon, Solon, and other legendary
3. No animal shall wear clothes. and historical lawgivers are still thought to deserve
4. No animal shall sleep in a bed. honorable mention in many recent histories of Ar-
5. No animal shall drink alcohol. chaic Greece. Snodgrass voices a common opinion
6. No animal shall kill any other animal. of the benefits of both alphabetic literacy and the
7. All animals are equal.2
development of written law:
In the initial stages of this revolution, the writing
What is much clearer is that the alphabet, once
down of laws is accompanied by a determined effort
adopted, proved an enormous asset to the progress
on the part of some animals to remember them,ofandGreek society. By making the art of reading and
by an educational campaign intended to make all widely available, it enabled organizations to
writing
communicate beyond the close circle of those actu-
animals literate. As the novel progresses, however,
ally operating them, and individuals beyond their
and as it becomes clearer that the pigs have in fact
immediate acquaintances. Governments could write
established an oligarchy not dissimilar to the old re-
down procedures and law codes, cult associations
gime, such educational programs are abandoned.
could record forms of rituals and names of officials,
Eventually, only the pigs, Muriel the goat, and the
sanctuaries could list their property and record in-
formation of wider interest. .... At the same time,
old donkey, Benjamin, remain literate, and, after
merchants
Muriel dies, it is only Benjamin who is capable of could record payments, craftsmen sign
their products, property owners publish their claims
recognizing that things have changed:
against potential usurpers, poets set down their com-
positions. But permanency did not necessarily mean
"My sight is failing," she [Clover, the horse] said finally.
"Even when I was young I could not have read what immutability: on the contrary, once a thing is set down
was written there. But it appears to me that the wall in writing, it becomes inherently more open to analy-
looks different. Are the Seven Commandments the sis and criticism than when it is secreted in the mem-
same as they used to be, Benjamin?" ories of a specialist group. In this way, alphabetic writ-
ing, despite the fact that in our view it was adopted
For once Benjamin consented to break his rule,
and he read out to her what was written on the wall. with no such intention, must have made a consid-
There was nothing there except a single Command-erable contribution to the speed of development in
ment. It ran: the institutions of Archaic Greece.4
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1997] CRETAN LAWS AND CRETAN LITERACY 637
Fig. 1. The decree from Dreros. LSAG2 315 no. la. (Courtesy C
sity, and the Estate of L.H. Jeffery)
spective
6 A. Szegedy-Maszak, "Legends of the Greek is very similar to that of Snodgrass
Lawgivers,"
GRBS 19 (1978) 199-209. 8J. Goody and I. Watt, "The Consequences of
Comparative
7 0. Murray, Early Greece (Glasgow 1980) 96. Murray Studies
does in Society and History 5
not seem to have changed his views at all,
see toalsojudge by The
Goody, his Domestication of the Savag
bridge 1977).
comments in the second edition of this book. Murray's per-
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638 JAMES WHITLEY [AJA 101
9 For the relationship between the Greek alphabet andin many respects restated and elaborated Goody's argu-
West Semitic consonantal systems, see LSAG2 1-42. For a
ments. It should be noted that the picture of "cuneiform"
succinct account of the various writing systems in useliteracy
in presented above is a summary (and perhaps also
the eastern Mediterranean during the Late Bronze Age a caricature) of Goody's arguments. For a good recent sum-
and Early Iron Age, and of their different potentialities,
mary of cuneiform literacy, see J.N. Postgate, Early Meso-
see J. Naveh, Early History of the Alphabet (Jerusalem 1982)
potamia: Society and Economy at the Dawn of History (London
13-42, 53-112; and B.B. Powell, Homer and the Origin of 1992)
the 51-70.
Greek Alphabet (Cambridge 1991) 68-118. Some scholars have" E. Havelock, Preface to Plato (Cambridge, Mass. 1963);
argued recently that the alphabet was adopted in Greece Havelock, The Literate Revolution in Greece and Its Cultural
much earlier than the eighth century. These arguments
Consequences (Princeton 1982). Havelock believes that Greece
are based entirely on letterforms; see J. Naveh, "Some
remained primarily an oral rather than a literate culture
Semitic Epigraphical Considerations on the Antiquityuntil
of around 430 B.C., after which political philosophy de-
the Greek Alphabet," AJA 77 (1973) 1-8; Naveh, "Semitic
veloped. Havelock's thesis has recently been developed and
Epigraphy and the Antiquity of the Greek Alphabet," Kad-
modified by K. Robb, Literacy and Paideia in Ancient Greece
(New York 1994).
mos 27 (1988) 65-86; and Naveh 1982 (supra) 175-86. For
a more extreme view, see M. Bernal, "On the Transmission 12J. Halverson, "Goody and the Implosion of the Lit-
of the Alphabet to the Aegean before 1400 B.C.," BASOR eracy Thesis," Man n.s. 27 (1992) 301-17. See also the criti-
267 (1987) 1-20. There is, however, no firm archaeological cisms of Goody's position by B.V. Street, Literacy in Theory
evidence to support these hypotheses. No alphabetic in- and Practice (Cambridge 1984), esp. 19-43 and 44-65 (but
scription in Greek can be dated to before 800 B.C. For re- note that Street published his work in a series edited by
views of the more recent evidence, see A. Johnston, "The Goody). Criticisms of the equation between literacy and
Extent and Use of Literacy: The Archaeological Evidence," rationality have also been voiced by M. Bloch, "Literacy
in R. Higg ed., The Greek Renaissance of the Eighth Century and Enlightenment," in K. Schousboe and M.T. Larsen eds.,
B.C.: Tradition and Innovation (Stockholm 1983) 63-68;John- Literacy and Society (Copenhagen 1989) 15-38.
ston, in LSAG2 424-28; and Powell (supra) 5-67, 119-86. 13 Harris, esp. 45-64 for the Archaic period in Greece.
1) See Goody (supra n. 8). Powell (supra n. 9) 68-118 has
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1997] CRETAN LAWS AND CRETAN LITERACY 639
points. Svenbro
and fast as was once thought.14 First, even if byand
modern standards literacy
Thom-
as have cast a skeptical eyein on
the ancient
the world was restricted,
link between there is still an
alphabetic literacy and rational
importantthought,
difference between and have
a society in which 10%
emphasized the "irrational"ofuses
the population is literate and
to which one in which only
writing
was put in Archaic Greece.'51% of the population could ever be. Secondly, ques-
All these critical reappraisals,
tions however, raise
about the rate of literacy in the
ancient Greece are
secondary by
question of what it is that we mean to theliteracy,
more general question
a ques- of the kinds
tion addressed directly by of Harris.16
literacy that mayFor my
have existed pur- com-
in different
poses, literacy is defined asmunities
the abilityemploying essentially
to read the sameand"technol-
write short texts. Literacy isogy more than the ability
of the intellect.
simply to sign one's name, but What of need not
the theories imply
of the importance an of written
ability to comprehend long texts.law? ThereStillis still aless
widespread
do I view
in- that the cre-
tend to imply that to be literateation ofin the
written lawancient world
represents progress of a kind,
is necessarily to be cultured. andHarris makes
that the writing down a of useful
laws was a catalyst, if
distinction between scribal literacy
not a cause, for and craftsmen's
the development of a more equitable
social order.
literacy.17 The former is the kind of Written
literacy law, inthat
principle accessible to
pre-
vailed in Near Eastern palace states,
all who could read,where
is seen bywriting
many as one of the
is a specialist skill jealously guarded by a particular
chief positive achievements of Archaic Greece.'9 But
class. The term "craftsmen's considerable
literacy," skepticism
on the also exists
otheras to whether
hand, implies that literacy has therespread
is any directto a wider
connection between sec-
written law
tion of the population, comprising a majority
and the emergence of democracy. ofFewthenow believe
upper classes and a large number that writtenof lawskilled artisans
developed simply in order to curb
in several trades, who regularly the arbitrary read
power of and write
magistrates or lordsinin aristo-
the course of their daily business. Harris, moreover,
cratic states.20 Work on Archaic Rome has brought
has raised the question of what into doubt
we themight
old view that mean
the creationbyand codifi-
literacy being widespread. Ication agree of written law necessarily favors that
with Harris a democratic
the literate population of the ancient world
social order.21 Recently scholarsseldom,
whose primary in-
if ever, exceeded 20% of the terest
population
lies in Archaic as a whole,
Greece have begun to argue
and that 10% is a realistic maximum estimate of the along similar lines. Both H1olkeskamp and Thomas
proportion of the population that was literate in Clas- have expressed doubts concerning the relationship
sical Athens.'8 Nonetheless, it is worth stressing two between written law and democratic interests.22 Few
14 Thomas 15-28, 44-50; R. Thomas, Oral Tradition and over, Gagarin 122-26 argues very effectively that the im-
Written Record in Classical Athens (Cambridge 1989) 15-34. petus for the creation of written law cannot have been a
15J. Svenbro, Phrasikleia: An Anthropology of Reading in An- popular wish to record in writing laws that were previously
cient Greece (Ithaca 1993); Svenbro,"Phrasikleia: An Archaic oral, and so to put law into the public domain, since there
Greek Theory of Writing," in Schousboe and Larsen (supra can be no such thing as "oral law."
n. 12) 229-45; Thomas 78-88. See also the remarks of O. 21 W. Eder, "The Political Significance of the Codifica-
Andersen, "The Significance of Writing in Early Greece: tion of Law in Archaic Societies: An Unconventional Hy-
A Critical Appraisal," in Schousboe and Larsen (supra n. pothesis"' in K.A. Raaflaub ed., Social Struggles in Archaic
12) 73-90; and Z. Varhelyi, "The Written Word in Archaic Rome: New Perspectives on the Conflict of the Orders (Berkeley
Attica," Klio 78 (1996) 28-52. 1986) 262-300. There is also good reason to believe that
16 Harris 3-24.
literacy performed a primarily "symbolic" function in later
17 Harris 7-8.
Roman times; see M. Beard, "Writing and Ritual: A Study
'1 Harris 114.
of Diversity and Expansion in the Arval Acta," BSR 53 (1985)
19 See, e.g., Robb (supra n. 11) 74-96; M. Detienne,114-62.
"Eespace de la publicite: Ses operateurs intellectuels 22 K.J. H61olkeskamp, "Tempel, Agora und Alphabet: Die
dans la cite," in Detienne ed., Les savoirs de L'ecriture enEntstehungsbedingungen von Gesetzgebung in der archai-
Grece ancienne (Cahiers de philologie 14, Lille 1994) 29- schen Polis," in H.J. Gehrke ed., Rechtskodifizierung und-so-
81; A. Andrewes, in CAH2 111.3, 370. Gagarin seems to ziale Normen in interkulturellen Vergleich (Thibingen 1994)
have divided views. On the one hand, he maintains that135-64; H61olkeskamp, "Written Law in Archaic Greece,"
"the law was made available to and was intended to be PCPS 38 (1992) 87-117; R. Thomas, "Written in Stone? Lib-
used by the entire citizenry" and, further, that Greek cities
erty, Equality, Orality and the Codification of Law," BICS
"held to the ideal of keeping the law in the hands of all40 (1995) 59-74. For a different view of the reasons behind
citizens" (Gagarin 146). But see his views below (infrathe process of the codification of law (and thus the initial
n. 20). creation of written law), see G. Camassa, "Aux origines de
20 See the remarks of A.J. Graham, in CAH2 111.3,la codification ecrite des lois en Grece," in Detienne ed.
190-91, on the effect and intention of Zaleukos's laws. More-
(supra n. 19) 130-55.
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640 JAMES WHITLEY [AJA 101
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1997] CRETAN LAWS AND CRETAN LITERACY 641
to demonstrate that it
From 620 B.C. onward, was.
painted A
inscriptions (di- los
definition, unknowable, and so immaterial to this pinti) are increasingly found incorporated into the
argument.28 visual images on vases (table 3). These dipinti are
Inscriptions of Archaic date from Athens and first used to clarify, or perhaps amplify, narrative
Attica survive in a variety of forms,29 as table 1 in- scenes, as in the Nessos amphora, where inscrip-
dicates. It is clear that, from very early times, writing tions accompany the pictures of both Herakles and
was put to a wide range of uses. The earliest Athe- Nessos.34 By the early sixth century, this practice
nian inscription, a graffito on the so-called Dipylon had developed considerably. Sophilos has a habit
Oinochoe, is a hexameter verse that accords very well of naming every god and hero depicted on his
with Powell's "sympotic" or "poetic" theory of the adop- dinoi (fig. 2)," a tendency if anything accentuated
tion of the alphabet.3"- From the seventh century on- by Kleitias and Ergotimos on the Frangois Vase
ward there is no lack of graffiti from Attica, such as (fig. 3).36 Here, apart from pygmies and cranes,
one from the Athenian Agora that reads ptosT6q ho everyone and everything is named: each one of
natig.i1 Owners' names too are not uncommon,32 and the heroes and hounds who took part in the Caly-
a number of seventh-century abecedaria are known donian boar hunt; each of the contestants in the fu-
from both the Athenian Agora and Mt. Hymettos neral games of Patroklos; every youth and maiden
(table 2)."3 Clearly, many people in seventh-century led away by Theseus from Knossos to Athens; all the
Attica found it a worthwhile exercise to practice the protagonists in the story of Troilos and Achilles;
newfound skills of writing. and every god, goddess, muse, or fate attending the
28 Writing on perishable materials such as papyrus n. 31) 30-31 nos. F1-F20; for the peculiar "owner's name"
sometimes encourages a more cursive script, as may have with the drawing of a foot from Thorikos, see J. Bingen
been the case in Ionia in the Archaic period; see LSAG2 in Thorikos VIII (Ghent 1984) 183-84 no. 79, figs. 113-14.
56-58 and Hdt. 5.58.
3" Abecedaria: for material from the Agora, see Lang
29 See S. Stoddart and J. Whitley, "The Social Context
(supra n. 31) no. Al; for the Hymettos inscriptions, see Lang-
of Literacy in Archaic Greece and Etruria," Antiquity don 62(supra n. 31) 17-18 nos. 20-26.
(1988) 761-72, esp. 764-66. All the relevant dedicatory 14 in-See Immerwahr 9-10 and 20-21. I would discount ex-
scriptions are now gathered together in IG 13, nos. amples
501- from Aegina; see S.P. Morris, The Black and White
947.
Style (New Haven 1984) 19-36.
:1) For the Dipylon Oinochoe, see LSAG2 76 no. 1; and 5 For Sophilos, see Immerwahr 21-22; G. Bakir, Sophi-
B. Powell, "The Dipylon Oinochoe Inscription andlos:
theEin Beitrag zur seinem Stil (Mainz 1981), esp. 5-7 and
Spread of Literacy in 8th Century Athens," Kadmos 27 (1988)
64-72; ABV 37-42; Paralipomena 18-19. For the most elab-
65-86; for early Greek literacy and the "symposium," see vase by Sophilos, the so-called Erskine Dinos, see esp.
orate
Powell (supra n. 9) 158-63; and now 0. Murray, "Nestor's
D. Williams, "Sophilos in the British Museum," Greek Vases
Cup and the Origins of the Greek Symposium," AnnArch-
in theJ. Paul Getty Museum 1 (Malibu 1983) 9-34; and A.B.
StorAnt n.s. 1 (1994) 47-54. Brownlee, "Story Lines: Observations on Sophilan Narra-
"I For early Athenian graffiti, see LSAG2 76 nos. 2-4;
tive," in J.B. Carter and S.P. Morris eds., The Ages of Homer:
Immerwahr 8 and 11; for graffiti in the Athenian Agora,
A Tribute to Emily Townsend Vermeule (Austin 1995) 363-72.
see M. Lang, Agora XXI: Graffiti and Dipinti (Princeton 1976)
' For the Frangois Vase, see Immerwahr 24-25; ABV
12 nos. C1-C5; for graffiti from Mt. Hymettos, see 76-77M.K. no. 1; A. Stewart, "Stesichorus and the Frangois Vase,"
Langdon, A Sanctuary of Zeus on Mount Hymettos (Hesperia
in W.G. Moon ed., Ancient Greek Art and Iconography (Madi-
Suppl. 16, Princeton 1976) 17-39. son 1983) 53-74; for detailed illustrations, see FR I (Mu-
"2 For owners' names from the Agora, see Lang (supra
nich 1904) 1-14, 55-62; pls. 1-3, 11-13.
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642 JAMES WHITLEY [AJA 101
Table 2. Details of Attic Graffiti
Love and
Date Owners' Hate Other
Range Abecedaria Names Names Names Other Total
750-650 2 2 1 8 36 49
650-600 5 5 1 12 41 64
600-550 1 4 3 17 38 63
550-500 0 9 2 13 8 32
500-480 3 39 6 7 10 65
marriage of Peleus
In the Frangois Vase, and Thet
the distinctions between
much further oral, visual,
than and literate culture become blurred.
simply c
scene; in some The complex
cases, visual narratives
an of thisinscri
vessel must
of an image.37relate toSome
poems whose presentation
ofwould thehave
Kleio, Euterpe, and
been primarily Thaleia)
oral, though we do not know quite a
Aphrodite) are
how. Thenamed
scenes on the vase may alludein to such the
oral
Peleus and Thetis
performances; theythat are
may precisely represent not
them;"x
if naming in or they may, more
itself directly, depend enough
were on an oral per-
ence. In other formance
scenes, of a very particular kind to have been
inanimat
tity cannot be fully
in understood
doubt,by a contemporary viewer.
are In any na
picting the case, oral of
story performance and visual narrative areand
Achilles
there is no uncertainty
closely connected. Yet it is still oddabout
that the partic- t
tion of ipants in these (KpFwv),
spring visual narratives are denoted not
the hy
so why merely by a set of visual clues (which
inscriptions are would have
necessa
the objects were considered
been sufficient), but also by an inscription, a written a
the story, elements
transcription of the sound asof theiressenti
name. A number
the hounds to of
the
scholars haveCalydonian
commented recently upon the ap- b
the hounds, they have
parent interdependence to
of image and be
inscription n
in early Greek art.39 Most examples of such inter-
dependency come from Archaic Attica, and the ex-
Table Details3. of Attic Dip
amples are not confined to images on pots. A play
Date Kalos
between image and inscription is equally evident
Range Signatures Names Other Total in many Archaic Attic funerary monuments, as Sven-
750-650 0 0 2 2 bro has eloquently argued. In the case of the well-
650-600 0 0 6 6 known kore Phrasikleia, for example, the accom-
600-550 18 0 24* 45*
panying inscription does much more than merely
550-500 389 78 64 531
identify the girl commemorated.40 The words of the
500-480 93 61 20 174
inscription, when read out and so spoken aloud,
* Some vases have both kinds of that
evoke associations dipinti, but
constantly refer back tothey
the h
been counted twice in the total figures.
imagery of the statue, features of whose iconography
Sources: Various, chiefly ABV; ARV2; J.D. Beazley
(1932) 167-204; M. Lang,in turn allude to the
Agora XXI language of the inscription. 19
(Princeton
Immerwahr 7-97.
Image and inscription are ineffective without the
7 As Immerwahr 24 shrewdly observes, "their purpose 40 Svenbro 1993 (supra n. 15) 8-25; C.W. Clairmont,
[i.e., the purpose of the inscriptions] is not so much to clar- "Gravestone and Epigram," AA 1974, 219-38, esp. 220-23;
ify the scenes as to accompany them in an independent Jeffery 138-39 no. 46; and LSAG2 78 no. 29. The inscrip-
narrative."
tion is usually dated to 540 B.C. For the context of the stat-
3 As argued by Stewart (supra n. 36). ue, see E.I. Mastrokastos, "Myrrhinous: La kore Phrasikleia,
19 See C.G. Thomas, "Greek Geometric Art and Orality,"oeuvre d'Aristion de Paros et un kouros de marbre," AAA
Art History 12 (1989) 257-67; J.M. Hurwit, "The Words in5 (1972) 298-324. Though the statue was found much later
the Image: Orality, Literacy and Early Greek Art," Word
than the inscription, the association between the two is
and Image 6 (1990) 180-97; and Brownlee (supra n. 35).not seriously in doubt.
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1997] CRETAN LAWS AND CRETAN LITERACY 643
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644 JAMES WHITLEY [AJA 101
41 On Hipparchos and the herms, see Ps-Plato, Hippar- cient Greek Culture (Cambridge 1994) 12-27; and Lissarague,
chus 228b-229a, discussed by R. Osborne, "The Creation "Around the Krater," in O. Murray ed., Sympotica: A Sym-
and Mutilation of the Hermae," PCPS 211 (1985) 47-73. posium on the Symposion (Oxford 1990) 196-209.
One of these herms is still extant: see IG IP, 1023 (= LSAG2 47 For figures, seeJeffery; and E Willemsen, "Archaische
78 no. 35) and can be dated to between 525 and 514 B.C. Grabmalbasen aus der Athener Stadtmauer," AM 78 (1963)
42 As argued by S.C. Humphreys, "Family Tombs and 104-53; Willemsen, "Stelen," AM 85 (1970) 27-28; E Stav-
Tomb-Cult in Ancient Athens: Tradition or Traditionalism?"
ropoullos, ArchDelt 20 B, Chronika (1965) 86-87, pl. 51;
JHS 100 (1980) 96-126, esp. 103-104. Examples include the
P. Themelis, ArchDelt 26 B, Chronika (1971) 33-35, figs. 3-4,
epigrams of Xenokles (Jeffery 118-19 no. 3), Thrason pl. 43g; Clairmont (supra n. 40) 223-32; A.M. Matthaiou,
(Jeffery 132 no. 33), Tettichos (Jeffery 133 no. 34), and
"Argo apXaiK&g anttig Ecit1teq ori'XEg," Horos 4 (1986)
Kleoitos (Jeffery 147 no. 67). 31-34, pls. 4-5; see now also IG 13, nos. 1194-1236, 1240-
4~3For Phaidimos and other sculptors, see Jeffery 49, 1251-53, 1255-69, 1271-73, and 1274-78. E.A. Meyer,
151-53; and for Phaidimos in particular, Jeffery 137 no.
"Epitaphs and Citizenship in Classical Athens,"JHS 113
44; see also G.M.A. Richter, The Archaic Gravestones of Attica
(1993) 99-121, relied for her count of inscribed gravestones
(London 1961) 157. in the Archaic period solely onJeffery. Her figures should
44 Figures from ABV, ARV2, and Paralipomena. For early
therefore be revised upward.
dipinti, see Immerwahr 9-10 and 20-22. For dipinti from48 See A.E. Raubitschek, Dedications on the Athenian Acrop-
the Agora, see M.B. Moore and M.Z.P. Philippides, Agora olis: A Catalogue of the Inscriptions of the Sixth and Fifth Cen-
XXIII: Athenian Black-Figured Pottery (Princeton 1986). turies B.C. (Cambridge, Mass. 1949); Raubitschek, "Early
45 See J.D. Beazley, "Little Master Cups," JHS 52 (1932)Attic Votive Monuments," BSA 40 (1939-1940) 17-37; and
167-204; ABV 159-97. IG IP, pp. 489-607. For the inscriptions on bronze, see also
46 For literacy, vase inscriptions, and the symposium, A.G. Bather, "The Bronze Fragments of the Acropolis,"JHS
see E Lissarague, "Epiktetos egraphsen: The Writing on the 13 (1892-1893) 124-30.
Cup," in S. Goldhill and R. Osborne eds., Art and Text in An-
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1997] CRETAN LAWS AND CRETAN LITERACY 645
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646 JAMES WHITLEY [AJA 101
ern scholarship. Some scholars have recently tried nian inscriptions than Athenian, partly because the
to explore the relationship between the nature of archaeological evidence itself is more difficult to
literacy in these Greek states and the nature of their date.58 Second, the figures probably underestimate
respective politeiai. If many people of many different the numbers of Archaic Laconian inscriptions. With
walks of life were literate in the Athenian democ- the exception of dipinti on vases, I have included only
those inscriptions found within Sparta and the area
racy, it follows that in the Spartan "oligarchy" a more
immediately around it-that is, from a rectangle
restricted form of literacy must have existed.56 Does
whose extremities are Sellasia in the northeast and
the surviving inscriptional evidence support this
hypothesis? the Amyklaion in the southwest.59 The reason for
At first glance, the answer to this question appears this is that I am concerned primarily with evidence
to be "no." Jeffery's select catalogue of Archaic La- of Spartan literacy- the literacy of the Spartiate
conian inscriptions is by no means as brief as one caste - and not with the kinds or degree of literacy
might expect if the skills of writing were indeed sim- that might have prevailed in perioecic communities
ply the preserve of only a very small segment of the such as Geronthrai or Kythera.
population.57 On the other hand, the number of in- As table 4 shows, Archaic Spartan inscriptions are
scriptions is far fewer than those found in Archaic for the most part dedicatory in character. Inscribed
Attica. Table 4 lists all known inscriptions from the dedications have been found in many sanctuary sites
Sparta area. Two caveats should be entered here. First, in the area of Sparta. The earliest come from the
the dates that have been given for all Archaic La- Sanctuary of Helen and Menelaus at Therapne (the
conian inscriptions should be viewed with a degree so-called Menelaion).60 A considerable number have
of caution. It is much more difficult to date Laco- been found in the Sanctuary of Artemis Orthia61
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1997] CRETAN LAWS AND CRETAN LITERACY 647
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648 JAMES WHITLEY [AJA 101
no. 87); and two dedications to Artemis Limnatis from thePlut. Mor. 192B-C, concerning the saying of the
7 See
Mistra area, IG V, 1.225 and 226. Spartan Antalkidas (the same story repeated in Mor. 217D
73 The earliest inscribed Spartan gravestone is actually and 231D); see also Plut. Lyc. 20.8.
from Malea near Megalopolis in Arcadia, datable to ca. 79 For this treaty, see W. Peek, "Ein neuer spartanischer
500 B.C.; see G.A. Pikoulas, "Erntypap6i aCt6 OTrv ApKa6ta," Staatsvertrag," AbhLeip 65.3 (1974) (= LSAG2 447 G). Other
Horos 3 (1985) 85-91, esp. 85-86 (= LSAG2 447 F). inscriptions of fifth-century date have, at one time or an-
74 For inscriptions on Laconian pots, see C.M. Stibbe, other, been claimed as "laws," see IG V, 1.1316; IG V, 1.722;
Lakonische Vasenmaler des sechsten Jahrhunderts v. Chr. (Am- and A.J. Beattie, "An Early Laconian Lex Sacra," CQ n.s.
sterdam 1972). There are eight inscribed vases, by three 1 (1951) 46-58. But these identifications are extremely
(or maybe four) painters (the Boread Painter, the Hunt doubtful; see LSAG2 186.
Painter, and the Arkesilas Painter); see Stibbe (supra) nos. 8s Though Plut. Lyc. 13.1 and 4 records Lycurgus's al-
184, 194, 206a, 207, 219, 221, 252, and 257. There are, how- leged ban on "written law" (vojioi ~yypacpot).
ever, no dipinti on later Laconian red-figure vases; see I. 81 For the Great Rhetra, see Plut. Lyc. 6. I agree with
McPhee, "Laconian Red-Figure from the British Excavations Jeffery's interpretation of this as an inscribed manteia; see
at Sparta," BSA 81 (1986) 153-65. L.H. Jeffery, "The Pact of the First Settlers at Cyrene," His-
75 Especially the Arkesilas cup and a hydria in Rhodes toria 10 (1961) 139-47, esp. 145-46.
by the Hunt Painter (Stibbe [supra n. 74] 279 no. 194 and 82 Plut. Lyc. 16; Mor. 237B: Fpcitara A vsKca fiq Xpsctaq
281 no. 219).
gdtveavov. Contra Harris 112 n. 210, I do not think that
76 There are no potters' or painters' names on any of the epigraphic evidence supports the notion that this phrase
the vases in Stibbe's (supra n. 74) catalogue. On the rel- is a polite euphemism for illiteracy.
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1997] CRETAN LAWS AND CRETAN LITERACY 649
83 Crete was famed for its laws and constitution well 85 For Knossos, see LSAG2 468 no. B; for Phaistos, see
before the time of Plato and Aristotle (see P1l. Leg.; Ps-Plato,
D. Levi, "Un pithos iscritto da Festos," CretChron 21 (1969)
Minos; Arist. Pol. 1271b and 1329b). Seventh-century Cre- 153-56; see also LSAG2 468 no. 8a.
tans such as Epimenides and Thales (or Thaleatas), if they86 See E. Csapo, "An International Community of Trad-
were not actually lawgivers, were clearly thought of as "wise
ers in Late 8th-7th c. B.C. Kommos in Southern Crete,"
men." Thales (or Thaleatas) appears to have had an influ-ZPE 88 (1991) 211-16; and Csapo, "A Postscript to'An Inter-
ence on some of the early lawgivers in the West (Arist. Ath.
national Community of Traders'," ZPE 96 (1993) 235-36.
Csapo argues that most of the inscriptions are owners
Pol. 1; Arist. Pol. 1274a.28-29). Archil. fr. 232 (West) (vd6ioq
6' Kpl-tiKoq 8tS60KSTat) seems to know about Cretan laws. names on cups, and are in Boiotian, not Cretan, script.
The context in which this line is quoted (Arist. Fragments For the context, see A. Johnston, "Pottery from Archaic
611.14 [Rose]) suggests that Cretan law was associated with Building Q at Kommos," Hesperia 62 (1993) 339-82.
Cretan constitutions from a very early date. 87 See K. Polanyi, "Ports of Trade in Early Societies," in
84 For graffiti from Knossos, see J.N. Coldstream, P. Cal-
G. Dalton ed., Primitive, Archaic and Modern Economies: Essays
laghan, andJ.H. Musgrave, "Knossos: An Early Greek Tomb of Karl Polanyi (Boston 1968) 238-60; for Kommos as an
on Lower Gypsadhes Hill," BSA 76 (1981) 141-65, esp. 157 international community, see J.W. Shaw, "Phoenicians in
no. 117, fig. 5 (eighth-seventh century B.C.); and L.H. Sack-
Southern Crete," AJA 93 (1989) 165-83. See also supra n. 86.
ett, Knossos: From Greek City to Roman Colony: Excavations at88 For the tombstone from Prinias, see A. Lembessi, Al
the Unexplored Mansion II (BSA Suppl. 21, London 1992) artjAS rov Iplvia (ArchDelt Suppl. 22, Athens 1976) 21-22,
141-42 no. X.32 (graffito of sixth-century date). For the stele no. Al. For tomb inscriptions from Kydonia, see ICr
seventh-century graffito from Prinias, see ICr I, 28.1. ForII, 10.7, 10, and 13; for the example from Chersonisos, see
"graffiti" of early fifth-century date from Gortyn, see ICrO. Masson, "Cretica," BCH 103 (1979) 57-82, esp. 64-65 and
IV, 50 and ICr IV, 71; for graffiti of similar date (ca. 500
fig. 6 (= LSAG2 314 no. 20).
B.C.) from the Itanos area, see ICr III, 7.2-4.
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650 JAMES WHITLEY [AJA 101
89 For Aeginetans and Samians in Kydonia in the late inscribed dedications of similar date from this site, but
sixth century B.C., see Hdt. 3.44.1 and 3.59; for the Aegi- gives no precise figures.
netan letterforms of the inscriptions from Kydonia, see 92 For the stone dedication from Afrati, see ICr I, 5.4.
LSAG2 314, 316 nos. 29a-c. 93 For this collection of armor, see Hoffmann, especially
90 For the inscribed figurine from Praisos, see E Halb- the discussion of the inscriptions by A.E. Raubitschek,
herr, "Report on the Researches at Praesos," AJA 5 (1901) 15-16; see also A. Lembessi, "A5o girppq Trlq coulloyil;
371-92, esp. 386 and pl. X; see also ICr III, 8.1, where it MEracdt," CretChron 21 (1969) 97-118. Their provenance is
is wrongly attributed to Sitia (see LSAG2 316 no. 18). For not seriously in doubt; see Hoffmann 1; I. Sakellerakis, Arch-
the Gortyn figurine, see G. Rizza and V.S.M. Scrinari, II Delt 20 B, Chronika (1965) 554, fig. 2 and pl. 697a-b; and
santuario sull'acropoli di Gortina (Rome 1968) 187-88 no. 257, S. Alexiou and A. Lembessi, ArchDelt 24 B, Chronika (1969)
pl. 37. 415-18, fig. 1 and pls. 425-26. The associated finds from
91 For this sixth-century inscription, see A. Lembessi, Lembessi's excavations at Ai-Lian are dated securely to the
seventh century B.C.
"Ispou Eplo6 uKat Apporirq; 8tqS EIiyjv Biawvvou," Prakt 1973,
188-99, esp. 191 and pl. 193y. Lembessi mentions more
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1997] CRETAN LAWS AND CRETAN LITERACY 651
Inscribed Dedications
94 For the Panormos inscription, see S. Alexiou, "Une Persians (Thuc. 1.110); P. Perdrizet and G. Lefebvre, Les
nouvelle inscription de Panormos-Apollonia en Crete," in graffites grecs du Memnonion d'Abydos (Paris 1919) nos. 405
C. Nicolet ed., Aux origines de l'hellenisme: La Crete et la Grace: and 445; and 0. Masson, "Nouveaux graffites grecs d'Abydos
Hommage i Henri van Effenterre (Paris 1984) 323-27. For the et de Bouhen," ChrEg 51 (1976) 305-309 nos. 1-2. Of these
script of this dedication, see Johnston, in LSAG2 468 no. inscriptions only Perdrizet and Lefebvre (supra) no. 405
H and his remarks on 469. There is perhaps one doubtful is certainly Cretan, in fact Kydonian, though Masson (supra)
early dedicatory inscription from Crete, from the Cave of produces good arguments that "Hyperballon" is at least
Lera near Kydonia; see A. Guest-Papamanoli and A. Lam- a Cretan name. The date of these inscriptions could be
braki, "Les grottes de Lera et de l'Arkoudia en Cr&te as early as 460 B.C., but it is more likely that they date to
occidentale aux epoques prehistoriques et historiques," around 400 B.C., in which case they fall outside the scope
ArchDelt 31 A (1976) 178-243, esp. 235-37. Previously these of this article. See arguments concerning dates in Perdrizet
dedicatory inscriptions have been claimed for the Archaic and Lefebvre (supra) p. ix; and LSAG2 314.
period by P. Faure, "Cavernes et sites aux deux extremites 96 The Cretan personal names found on inscriptions
de la Crete," BCH 86 (1962) 36-56 (= SEG XXIII, 579a-b). of the Archaic period (750-450 B.C.) can be easily summa-
But Guest-Papamanoli and Lambraki (supra) make clear rized: 1) marking personal property (5 examples): Levi
that most of these inscriptions are on black-glaze pots that (supra n. 85); Csapo (supra n. 86); LSAG2 468 B; 2) on
date mostly to the fifth and fourth centuries, and only one tombstones (5 examples): Lembessi (supra n. 88); ICr II,
inscription, IN 7, and none with the crucial word &V~vOKs 10.7, 10, and 13; Masson (supra n. 88); 3) on dedications
in it, can be dated to before 450 B.C. (see also LSAG2 468 (3 examples): Lembessi (supra n. 91); ICr I, 5.4; Alexiou
no. 31). I have excluded one inscription from my figures, (supra n. 94); 4) on armor (13 inscriptions, 9 names):
namely the kerykeion, published in G. Ortiz, The George Ortiz Hoffmann 1-14; 5) from graffiti (6 examples): ICr I, 28.1;
Collection (London 1994) no. 129, said to be from Polyrrhe- ICr III, 7.2-4; ICr IV, 50 and 71; 6) mentioned in legal texts
nia. This, according to Johnston LSAG2 443 no. 26a, is in (3 examples): ICr IV, 64; Jeffery and Morpugo-Davies
Argive script, and is therefore probably an import. (Spensithios); Willetts col. V, lines 5-6. This list yields a
95 The chief exception being graffiti of personal names total of 31 names from 35 inscriptions. If the Kydonian
thought to be those of Cretan (chiefly Kydonian) merce- mercenary inscriptions (supra n. 95) date to ca. 460 B.C.,
naries helping the Egyptian prince Amyrtaios against the the total would be 36 names from 39 inscriptions.
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652 JAMES WHITLEY [AJA 101
century Crete do be found
not on contemporary
differ greatlyCretan metalwork,
from such
temporary Attica (see
as the oneabove,
on the Rethymnontable
mitra.100 1). Bu
Even there,
in sixth-century Attica, both
however, the case the
for narrative numbe
is hardly overwhelm-
of inscriptions ing, since it
steadily is not clear whether
increase, the scene
the oppis an
to be true in Crete. excerpt from a story or a generic episode from a
The most striking difference between Attica andparticular Cretan ritual. Some might argue that I
Crete in this period is the total absence in Cretan
am here taking the absence of evidence for narra-
art of inscriptions that play a role in narrative-
tive art as positive evidence of its absence, and in
whether the narrative be in stone, bronze, or on the
a sense they would be right. It is worth emphasizing,
however, how unusual Crete is in this respect, and
surface of a vase. This is not merely to say that there
how odd it is for writing and narrative art not to
is no evidence for literate craftsmen, but to empha-
appear together. In other regions of Greece where
size the apparent disconnection between literacy, oral
we have difficulties similar to those we encounter
performance, and visual art that appears to have pre-
vailed in Crete. Crete was, to be sure, hardly famed
in Crete in understanding the pottery sequence, such
for its poetry in this period-in fact, there is as nothe Argolid in the early sixth century, narrative
known Archaic Cretan poetry apart from the Song scenes accompanied by inscriptions are nevertheless
of Hybrias.97 But it is still odd that, while Cretanfound.""l
art Crete is unique in Archaic Greece in thi
had long made use of images, none of these images respect: there is no narrative scene accompanied
by any inscription in any medium that can con-
seem either to form a part of, or in some sense "syn-
optically" to represent, the whole of a story. fidently be dated to either the seventh or the sixth
The best candidates for narrative art in Archaic century.102
Crete are some of the votive bronze shields and What do survive in large numbers from Archaic
tympana from the Idaean Cave. These dateCrete
to the
are fragments of laws, or at least inscriptions
eighth century, a time when the alphabet was
ofonly
legal character in stone or (more rarely) in bronze
just being adopted in Greece. Of these, the Hunt
Many of these fragments are very small, amountin
Shield is by far the most elaborate.98 If this to is no more than one or two lines or letters, and a
not
an example of narrative art then nothing in comparison
Archaic between the number and types of legal
Cretan art deserves the name. But these shields had inscriptions from individual Cretan cities would in
remarkably few artistic descendants. By the end some of respects be misleading (but see table 5). More-
the seventh century most Cretan figurative art is, over,
as Cretan stone inscriptions are difficult to date
Hoffmann rightly pointed out, heraldic.99 It is fullas we cannot, as we can for Attica, associate chang-
of single figures or antithetically opposed groups
ing letterforms with a series of datable artifacts. None-
of humans or animals. Certainly nothing more elab-
theless, it is clear that legal inscriptions are widely
orate appears on the bronze armor from Afrati distributed in both time and space. The earliest, from
(fig. 4), though there are more complex scenes to
Dreros, dates to around 650 B.C.;103 some date to the
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1997] CRETAN LAWS AND CRETAN LITERACY 653
Diktynnaion
Sea of Crete
Phalasarna
Kydonla
S ,... Rhethymnon
S.Eleutherna Apollonia Amnisos
A.ii.Ax 0 s ?. hroas
Knossos Chersonasos
*Eltynia
Drer-os
.e....e....Hierapytna
"14 For Eteocretans, see Horn. Od. 19.172-77. For Eteo- e6tocretoise?" Revue de philologie 20 (1946) 131-38; Jeffery
cretans and Praisos, see Hdt. 7.170-71; Strabo, Geography (supra n. 105); M. Lejeune, "Linscription Isaluria de Dreros:
10.4.6-12. Eteocretois ou cr6tois?" REA 49 (1947) 274-85; see now also
us1 For the inscriptions themselves, see ICr III, 6.1 andDuhoux (supra n. 105) 28-32. For the other legal frag-
4; and D. Comparetti, "Iscrizioni di varie citta cretesi ments (LSAG2 315 nos. Ic-h), see van Effenterre, "Inscrip-
(Lyttos, Itanos, Praesos, Knossos)," Museo italiano di antichitations archaiques cr6toises," BCH 70 (1946) 588-606; and
classica II (Florence 1888) 673-76. For the language of theW.A. McDonald, "Note on a Fragment of an Archaic Inscrip-
inscriptions, see R.S. Conway, "The Pre-Hellenic Inscrip-tion from Dreros," Hesperia 25 (1956) 69-72.
tions of Praesos," BSA 8 (1901-1902) 125-56; and now Y. 17 For the date of this inscription, see LSAG2 311, 315
Duhoux, Les iteocritois: Les textes, la langue (Amsterdam 1982), (nos. la-h).
esp. 208-311. For the date of these inscriptions, see LSAG2 108 For the Spensithios decree, see Jeffery and Morpugo-
316 nos. 19a-b; and L.H.Jeffery, "To ypditita ige trv KplrTvV,"i
Davies. For the other inscriptions, all dedications, from
CretChron 3 (1949) 143-49. this site, see ICr I, 5.4; and Hoffmann 15-16. It has recently
'"0 For the earliest of these inscriptions (LSAG2 315 no. been argued, persuasively to my mind, that Afrati should
la), see Demargne and van Effenterre (supra n. 5). For the not be identified with Arkades, but with ancient Dattalla;
alleged bilingual (Greek and Eteocretan) inscription see Viviers 230-34, 238-43.
(LSAG2 315 no. Ib), see H. van Effenterre, "Une bilingue
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654 JAMES WHITLEY [AJA 101
important cities of Archaic Crete, but the evidence Phaistos. Two legal fragments are known from
from there is very fragmentary. It is clear that lawsPhaistos; they date to ca. 500 B.C. or a little later.120
were written down on stone in the sixth century at Axos. Many legal fragments have been traced to
Knossos, but we cannot determine the purpose ofAxos, which seems to have been fairly important in
these laws."11 It is quite likely that much of the evi- Archaic times.'121 Some fragments may be as early
dence for written law in Archaic and Classical Knos- as the early sixth century B.C.122 The majority of
sos has been removed, and is now somewhere in the finds, however, date to the very end of the sixth cen-
walls of Herakleion. tury1'2 and some to the early fifth.'24
Prinias (Rhittenia or Rhizenia). There are 14 legal
Eleutherna. Numerous legal fragments have been
fragments from Prinias, all of which appear to recovered
date from the large and important city of
to the earlier part of the sixth century B.C."114 Of
Eleutherna, which is now being reinvestigated by the
these, only one gives any real indication of its University
con- of Crete at Rethymnon. As at Axos, a few
tent. Although described byJeffery as a "legal code,"
fragments may date to the early sixth century, 25 but
it appears not to be a code but a single law."15
the majority of epigraphic finds whose legal character
is not in doubt date to between 525 and 500 B.C.126
Gortyn (Gortys). There are more legal fragments
109 The more fragmentary inscriptions from Lyttos were (= LSAG2 315 no. 5) are from "the Odeion and elsewhere."
collected by M. Guarducci and date to between 550 and See also now SEG XXIII, 585, a lex Gortyniorum that may
525 B.C.; ICr I, 18.1-7 (pp. 183-86). A lengthier legal text, date to around 460 B.C.
dating to ca. 500 B.C., has since come to light; H. van Effen- 119 Willetts; ICr IV, 72. I have excluded from my discus-
terre and M. van Effenterre, "Nouvelles lois archaiques de sion all inscriptions from Gortyn that date to after the
Lyttos," BCH 109 (1985) 157-88. For the context of this dis- composition of the Great Code (i.e., ICr IV, 73-140 =
covery, see N. Platon, "XpovtKd: H QapXatoXoytLtKI Kivrlotq LSAG2 315 no. 8).
Ev Kpi'rJ KaTdI to ~zTo 1950," CretChron 4 (1950) 534-35. 120 G. Manganaro, "Nuove iscrizioni della Creta centrale
110 All that we know about Eltynia is given by M. Guar- ed orientale," RendLinc 20 (1965) 295-307, esp. 296-97 no.
ducci, ICr I, 10, pp. 89-92. Al, an inscription from "Chalara"; E. Cantarella and A.
111 ICr I, 10.1, datable to the seventh or sixth century. di Vita, "Iscrizione arcaica giuridica dAi Festos," ASAtene 56
112 ICr I, 10.2, datable to ca. 500 B.C. (1982) 429-35.
11 There are only three stone inscriptions from Knos- 121 As is clear from Hdt. 4.154, where the city is referred
sos, all dating to the late sixth century: ICr I, 8.2; L.H.Jeffery, to as Oaxos.
"Comments on Some Archaic Greek Inscriptions,"JHS 69 122 ICr II, 5.12-14; LSAG2 316 no. 21. It is difficult to be
(1949) 25-38, esp. 35-36; and A.K. Orlandos, in To Epyov sure that these are really legal in character, as they are
trrl ApXalo,0oylK7g EralpEiag 1972, 129-30, pl. 122. so fragmentary.
"114 ICr I, 28.2-15. The other inscriptions from Prinias 123 ICr II, 5.1-8 and 11 (=LSAG2 316 no. 22); Jeffery
include a graffito (ICr I, 28.1; LSAG2 315 no. 12) and an in- (supra n. 113) 24-36 and figs. 10-14.
scribed tombstone; Lembessi (supra n. 88). 124 ICr II, 5.9, which dates to the early fifth century.
11"5 ICr I, 28.7; LSAG2 315 no. 10.
Other legal fragments published in Manganaro (supra n.
"6 ICr IV, 1-40; LSAG2 315 no. 2. 120) 304-307 are later than 450 B.C. and so fall outside
"117 ICr IV, 62-64; LSAG2 315 no. 3. There are very few the scope of this article.
inscriptions from Gortyn that are not treaties or laws in 125 ICr II, 12.1 (= LSAG2 316 no. 26); H. van Effenterre
the strict sense of the term. Apart from the inscribed
et al., EevO6pva Top'a; II: Eriypa(po ard6 to HI6pyl Kal to
Daedalic figurine from the Acropolis (see Rizza and Scri-
Nroi (Rethymnon 1991) 74 no. E12, pl. 10b.
nari, supra n. 90), these are: ICr IV, 64 (which appears to 126 ICr II, 12.2-19 (=LSAG2 316 no. 27); T. Kalpaxis
grant privileges to a certain Dionysios); ICr IV, 50 (a kalos and A.B. Petropoulou, "Tp'iazaT 60o ~atypaxpc00v C6 zTrlv
inscription on stone); and ICr IV, 71 (a simple graffito of E4Xu0pva," CretChron 26-27 (1988-1989) 127-33, esp. 130
a name). no. II; van Effenterre et al. (supra n. 125) 17-23 nos. El
"11 ICr IV, 41-49 and 51 (= LSAG2 315 no. 4) come from and E2 (pls. 1-2) and 72-73 nos. E8, E9, and Ell (pls. 9-10).
the "North and East walls"; ICr IV, 52-61 and 65-70 All these fragments should date to between 525 and 500 B.C.
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1997] CRETAN LAWS AND CRETAN LITERACY 655
A few can be dated to the first half of the fifth "Cretan democracy" is almost a contradiction in
century. 127 terms. Cretan cities remained obstinately oligarchic
The above "laws" seem for the most part to have throughout the Archaic and Classical periods.'34 Ar-
been very specific regulations written down in re- istotle indicates that Cretan kosmoi took very little
sponse to a specific problem. The earliest inscrip- notice of written law; they made judgments not KTdT
tion from Dreros, for example, decrees that no one
ypdalatra but airoyv6, ovaq.135" Finally, no evidence
can serve as a kosmos more than once every 10 points to a literate, critical public, capable of notic-
years.'28 Such decrees rarely leave room for much ing contradictions and able to press for improve-
ambiguity, and sometimes include considerable de- ments to the law. Indeed, most of our available in-
tail. The recently published inscription from Lyttos formation seems to indicate the opposite. Epigraphic
regulating pasturage rights specifies the limits of evidence for informal literacy, such as personal
common land for pasture, defined by particular names, owners' names,jokes, graffiti, and abecedaria,
roads.'2" Where their context can be reconstructed, is slight. Such signs of informal literacy tend to
these laws seem to have been displayed in public occur early in the period and are often- as is the
places, often in sanctuaries. The majority of sixth- case with the inscriptions from Kommos-not writ-
century legal fragments from Gortyn come from the ten in Cretan script. These general facts become
walls of the Temple of Apollo Pythios.130 Most of clearer when the evidence is tabulated and mapped
the fragments from Dreros come from the temple (tables 5-6, figs. 6-9). Table 5 above shows the raw
there;'"3 and the Eteocretan fragments from Praisos count of legal fragments, and provides an estimate
(which are probably laws) were "cast down" from the of the minimum number of separate legal texts that
open-air temple on the Third Acropolis, or Altar must once have existed. Table 6 summarizes all the
Hill.'"2 Moreover, Gortyn provides good evidence epigraphic evidence from Archaic Crete. Figures 6
for the gradual elaboration and codification of these and 7 show the occurrence of all nonlegal inscrip-
various decrees during the sixth and early fifth cen- tions, both in the earlier period (750-600 B.C.; fig. 6)
tury, a process that was eventually to lead to the Great and in the later period (600-450 B.C.; fig. 7). Figures
Code itself.'33 In these respects, Cretan laws con- 8 and 9 illustrate the distribution of the legal inscrip-
form to the expectations of those who would see the tions (or rather all the legal fragments) from the
production of written law and its codification as a same periods. It is a remarkable fact that the heyday
progressive measure, gradually placing law in the of public, written law in Archaic Crete- the sixth
public domain. century-coincides with the virtual absence of all
There remain a number of paradoxes or difficul- other forms of writing. This is exactly what we would
ties with such an interpretation. If law was placed expect in a situation where few were literate, per-
in the public domain, it clearly did not help to bring haps because literacy was the preserve of a scribal
about democracy in Crete. For Plato and Aristotle, class. What little literary evidence we do possess tends
127 van Effenterre et al. (supra n. 125) 73-74 nos. E10 cavations at Praesos I," BSA 8 (1901-1902) 231-70, esp
and E13 (pls. 9-10); I.A. Papastolou, "Heptouxxoyil apx aicv 254-57.
ozrl 6UDtKil Kpirlj-," Prakt 1975, 516-17, pl. 329g, fig. 1. 133 The Great Code seems to have been set up in its own
128See Demargne and van Effenterre (supra n. 5) special building; see Willetts 3; and ICr IV, pp. 123-71.
(= LSAG2 315 no. la; Meiggs-Lewis 2-3, no. 2); also dis- 134 For Cretan oligarchies, see in particular Arist. Pol.
cussed by Gagarin 81-86; and L.H. Jeffery, Archaic Greece: 1271b, line 20-1272b, line 23. Both Aristotle in the Politics
The City-States c. 700-500 B.C. (London 1976) 189-90. and Plato in the Laws seem to take it for granted that all
29 van Effenterre and van Effenterre (supra n. 109). Cretan constitutions are either oligarchic or aristocratic.
: (o ICr IV, 1-40. Only nos. 1, 3, 8-14, 16, 18, 19, and 21-26 135 Arist. Pol. 1272a, lines 33-39. There is of course a
were actually found in or around the Temple of Apollo question as to how much Aristotle is likely to have known
Pythios; for description of contexts, see ICr IV, pp. 42-87. about Crete. That he refers to a "Cretan constitution" rather
1 See Demargne and van Effenterre (supra n. 5); for than to a constitution of a particular Cretan city is trouble-
the context in particular, see P. Demargne and H. van Effen- some, since it is clear from the epigraphic evidence that
terre, "Recherches A Dreros I," BCH 61 (1937) 5-32; S. Mar- the public institutions of Cretan cities differed quite widely
inatos, "Le temple geometrique de Dreros," BCH 60 (1936) from one another; see P. Perlman, "One Hundred-Citied
214-85.
Crete and the Cretan toXitsia," CP 87 (1992) 193-205. But
132 For the context of the Archaic inscriptions even
from if Perlman is right in thinking that Aristotle's "Cretan
Praisos, see Halbherr (supra n. 90); Halbherr, "American
constitution" refers mainly to the situation in Lyttos, and
Expedition to Crete under Professor Halbherr,"AJA 9even
(1894)
if Aristotle was relying too much on information at
538-44; Comparetti (supra n. 105) 673-76; ICr III, 6.1 andor third hand, the Cretan magistrates' reputation
second
4; Duhoux (supra n. 105) 57-58; and R.C. Bosanquet,for"Ex-
arbitraryjudgment is still a fact that has to be explained.
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656 JAMES WHITLEY [AJA 101
Sea of Crete
.??'
..... ".-..:.:
.. .... ..' ..'2 . ,.. .. . .... ..... . " - -
~ ??..
?~~;
... .:.:: :.: 1 ...."
,::".....:..... :_. -;....: . '...
_d r - -
* 2-7
? :::
...:. ....::
....?... . i :.: : ::: .....
* 8-20
S21-50
Mn51+
Sea of Crete
..... ...
:ii
... .. . ....
'.. ......
*1
s 2-7
0 8-20
21-50
F51+
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1997] CRETAN LAWS AND CRETAN LITERACY 657
Sea of Crete
. .. . ....... .....
*2-7 *
0 8-20
21-50
M ta51S
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658 JAMES WHITLEY [AJA 101
Sea of Crete
........
..........I. ??.
@21-50
Mediterranean t
Sea
0k
0 sokm
Fig. 9. Distribution
of some importance.14
aristocrat). Crete is clearly an exception to this rule,
neither Samos and it may be worthnor pausing to considerAthwhether
have a monopoly this may be due to some special in relationship with
pu
officials as we would understand the term. Nowhere the Near East in general and North Syria in partic-
else in Greece were scribes given such an explicit ular. There are certainly many indications of reg-
and public political role, and nowhere else did theyular contact between northern Syria and Crete dur-
form a part of the ruling oligarchy. ing the Early Iron Age.145 This contact manifests
Limited literacy among craftsmen and the popu-itself in imports, art, and one early inscription in
lation at large, a prevalence for public and partic-a Semitic language.146
ularly legal inscriptions, and positive evidence forCrete is one of the regions of Greece where some
scribes are all features we normally associate with inscriptions can be dated to before 700 B.C., and there
Near Eastern societies, not with Archaic and Clas- have always been grounds for arguing that Crete was
sical Greece. It was once thought that the invention the "home" of the Greek alphabet.147 Whatever the
of an alphabetic script that included vowels had merits of this particular case (and I would argue that
finally put an end to the need for scribal literacy, it is possible that the Greek alphabet had more than
and placed the skills of writing firmly within reach one point of origin), the use of the words notvmtKd?v
of the common Greek (or at least the common Greek and rotvtKaoztd; does demonstrate that the Phoeni-
144 Hdt. 3.123. Public scribes in Ionia are also known 145 For arguments to this effect, see Boardman 129-59;
from Teos; see Hermann (supra n. 139). For scribes gen- J. Boardman, "The Khaniale Tekke Tombs II," BSA 62 (1967)
erally, see E Ruze, "Le pouvoir de l'6crit dans la cite6' 57-75;
in Boardman, "Orientalen auf Kreta," in Dddalische
Detienne ed. (supra n. 19) 82-94. Ruz6 treats Spensithios Kunst aufKreta im 7.Jahrhundert v. Chr. (Mainz 1970) 14-25;
Shaw (supra n. 87).
as if he were representative of scribes as a class in Archaic
Greece as a whole, and so, in my view, exaggerates the im- 146 For art, supra n. 145. For the inscription in a Semitic
portance of scribes and secretaries. The political career language, see M. Snycer, "Einscription ph6nicienne de
of Polycrates' ypaplplartacri Maiandrios, as recounted Tekke,
by preis de Cnossos," Kadmos 18 (1979) 89-93.
Herodotos (3.120-24, 142-46), tells us more about tyranny147 For early inscriptions, see Levi (supra n. 85). For ar-
guments about Crete as the "home" of the Greek alphabet,
than about the position of scribes in general, pace Detienne
(supra n. 19) 73-81. Maiandrios does not seem to have beensee Y. Duhoux, "Les et6ocr6tois et l'origine de l'alphabet
a person of high status, or even a worthy man, as fargrec," as AntCl 50 (1981) 287-94.
many of his fellow citizens were concerned (Hdt. 3.142.5).
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1997] CRETAN LAWS AND CRETAN LITERACY 659
the practice of invoking the gods at the beginning Crete was equipped with an inferior script, a blunter
of a decree, as found in Gortyn, Lyttos, and perhaps"technology of the intellect." Rather, Cretan culture
and society were radically different from those of
also Dreros.149 It is not, however, necessary to argue
other regions of Greece, and so Crete selected a
that Cretan writing was more directly and profoundly
different range of ideas and practices from a com-
influenced by the Orient than other parts of Greece.
It would clearly be absurd to propose that the com-mon Near Eastern source. Cretan polities were clearly
not normal Greek aristocracies, composed of indi
position of law codes in Crete was directly inspired
by the example of Mesopotamian law codes of a mil- viduals competing for respect (Ttg'i) among thei
lennium earlier.'15 The presence or absence ofpeers and then taking trouble to commemorate
Oriental influence is immaterial. My point is rather their deeds in writing on bronze or stone. In Crete,
that, in a social and cultural sense, Archaic Cretan the aristocratic individual obstinately failed to rise,
writing retained many of the features that we asso- or at least to leave any lasting trace that the archae-
ciate with the function of writing in Near Eastern ologist or historian can recover. Equally, Cretan cul-
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660 JAMES WHITLEY [AJA 101
1I, For Homer as the author of a ESVtK6V noiftl~a as far tans represented themselves to themselves, but it is no less
as the Cretans were concerned, see the astonishing ad- remarkable for that. For a discussion of scenes from myth
mission by the Cretan Kleinias in Pl. Leg. 680c, which is in Archaic Cretan art, see Blome 98-104.
worth quoting in full: "Eot1K yE 6 0toutNl t Uiv o0toG0 '52J.K. Davies, "Deconstructing Gortyn: When Is a Code
y&yov&vat XapiLtq. Kai Yap 6Ti Kai ahc a artoO 6l8ts~fcjy0a v a Code?" in L. Foxhall and A.D.E. Lewis eds., Greek Law
46dV' oYtr.ia, o5 4flyv nokk&d y~- o0b y&p op668pa Xp04L0a o 0 in Its Political Setting:Justifications not Justice (Oxford 1996)
KpfiTsq Toi4 qsvtK0oiq nouiFactv (the Athenian stranger had 33-56, esp. 56. For a contrary view, see M. Gagarin, "The
just quoted from the Odyssey). Of course this quotation tells Organization of the Gortyn Law Code," GRBS 23 (1982)
us how the Cretans appeared to Athenians, not how Cre- 129-46.
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1997] CRETAN LAWS AND CRETAN LITERACY 661
m For the rights (or otherwise) of the apetairos, see Willetts col. II, lines 4-45, and disc
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