The connection between the emergence of Greek tragedy as a literary genre and its social function in the construction of the democratic polis is a well-known and widely studied topic. Given this level of importance, we might expect also the legal foundations of classical Greek society to be under the critical scrutiny of the most influential dramatists. Indeed, on this point, there are very profound interconnections between some of the well-known tragedies, all leading to a well-rounded view of law as the result of a subtle theoretical consideration of –surprisingly “modern” – legal theory issues. In this paper I examine some of the most evident of those inner links to highlight the implied general theoretical model which can be called “the agonistic-procedural model of law”.
Philosophy, Tragedy and Law: rediscovering the agonistic heart of Western Law
Claudio Sarra
2025
Abstract
The connection between the emergence of Greek tragedy as a literary genre and its social function in the construction of the democratic polis is a well-known and widely studied topic. Given this level of importance, we might expect also the legal foundations of classical Greek society to be under the critical scrutiny of the most influential dramatists. Indeed, on this point, there are very profound interconnections between some of the well-known tragedies, all leading to a well-rounded view of law as the result of a subtle theoretical consideration of –surprisingly “modern” – legal theory issues. In this paper I examine some of the most evident of those inner links to highlight the implied general theoretical model which can be called “the agonistic-procedural model of law”.
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