The Virtues of Inexact Law: Legal Inaccuracy as a Literary Strategy in Menander (Samia 570-588 and Heros 18-40)

Abstract

It is often stated that, in opposition to Aristophanes’ plays, Menander’s comedy is not characterized by the inclusion of references to Athenian law. However, an analysis of his surviving works reveals a considerable number of legal allusions, including mentions to litigation and judicial procedures. The objective of this paper is to examine two passages in which this legal background emerges (Sam. 570-588; Her. 18-40) in order to explore the strategies deployed by Menander to manipulate law for literary purposes. In particular, both texts show that the legal realm is quoted in a generic and hesitant way. By means of a comparison with Aspis 174-189, it will be concluded that imprecision and vagueness –which are privileged characteristics of these references– effectively replicate the typical misunderstanding of comic plots and the frequent uncertainties of status attributed to the characters in the plays.

Keywords

• derecho ateniense
• imprecisión jurídica
• menandro
• samia
• héroe