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family and that of the state. Humans are bound to obey these laws, but what if one conflicts with
the other? The question of which law takes precedence is answered differently in each of these
plays with different results. First we will examine the case of Orestes and the distinction made
between the jurisdictions of family and state law. From there we will see how Aeschylus resolves
the conflict between those laws. We will analyze Sophocles’ Antigone in the same way. By
comparing the presentations of both Aeschylus and Sophocles we will find that neither author
gives sufficient resolution in defining which law has precedence; leaving men to suffer
the Furies. These Furies distinguish themselves from the order of the Olympian gods, claiming to
uphold a law or “powers gray with age” (Eumenides, line 150). They are of the Titanic
generation, predecessors of the younger gods who inhabit Mount Olympus. These two
generations clash once again in a battle to establish what order or law has precedence over the
case of Orestes. The Furies claim that it is their duty (Eu. 208) to punish Orestes on the grounds
that their jurisdiction of the law encompasses “the shedding of kindred blood” (Eu. 212). The
law which the Furies uphold is referred to as family law. Family law does not concern anything
outside of blood relations. An example of this would be the murder of Agamemnon by his wife
Clytaemestra. Although married, the Furies have no claim in punishing Clytaemestra because
“[t]he man she killed was not of blood congenital” (Eu. 605). Orestes does not deny his guilt in
breaking the family law (Eu. 588), but this will not be enough to condemn him.
On the other side of the law we have Apollo, “the spokesman of his father, Zeus” (Eu.
19). Apollo reminds us that he only says “that which Zeus…might command” (Eu. 618). Given
this, we recognize just how powerful of a backing state law has (Eu. 619). Zeus demands justice
for those who commit crimes against the state; such as the murder of Agamemnon, King and
highest representative of the state. The problem is that Zeus, in commanding the upholding of
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state law, causes Orestes to break the family law. Apollo does not deny this, but argues that
Orestes’ actions were just nonetheless. Apollo does not see Orestes as a son exacting revenge,
but as an agent of Zeus upholding the law. The law of state, argues Apollo, is above that of
family law: “For not even the oath that binds [the Furies] is more strong than Zeus is strong”
(Eu. 620).
We thus have two parts of the law claiming precedence over Orestes’ case. Aeschylus
acknowledges the difficulty of resolving the issue through the words of Athena: “The matter is
too big for any mortal man who thinks he can judge it” (Eu. 470). Athena then establishes a court
to decide the issue. In the end the votes of the twelve jurors are split “equal in number for each
side” (Eu. 752). With this tie Orestes is free from guilt and precedence goes towards state law
over the family. Although this is Aeschylus’ resolution, it is anything but absolute. Orestes’
victory was the result of a technicality, not of actually being acquitted by the majority.
Furthermore, Athena acknowledges that the Furies have not really been defeated by the court
(Eu. 795). Because of this, there is very little reasoning to assume that the state always trumps
the family. Given the results of the court, the Furies have now lost their powers to uphold “the
laws of an elder time” (Eu. 779). Athena then persuades the Furies to accept this change
positively, and to embrace a new role of protectors of the city. After some hesitation they accept,
blessing the city and thus changing from the Furies to the Eumenides. In many respects they
have no choice, for Zeus’ power had already been unquestionably proven superior in the war
with the Titans. However, this resolution remains insufficient in defining which law has
precedence. Rationally, there is little reason to assume the state over the family simply because
the court was so divided. However, it seems as though this resolution takes into account the
victory of the Olympians over the Titans and thus establishes precedence based purely on power.
The resolution remains insufficient because might does not necessarily mean right. In order to
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give a clear and acceptable resolution it seems necessary that such a resolution makes sense
rationally.
Sophocles’ attempt in the Antigone. As opposed to Orestes’ murder in the Eumenides, the
Antigone has its question of precedence based around the corpse of Polyneices. As we know,
Polyneices met his end while simultaneously taking the life of his brother during an attack on
Thebes. With the deaths of both Oedipus’ sons, Creon is the only one left to rule. By his power,
Creon declares Polyneices an exile; prohibiting any one from burying or mourning for him
(Antigone, line 205). In this case Creon represents the state law; asserting that those who commit
crimes against the state of Thebes will be punished. Polyneices not only laid siege to the state
with sinister plans, but he also killed the King—his brother—Eteocles. Although it could be
argued that Polyneices was only trying to claim his rightful position on the throne, his actions
On the side of family law we have Antigone. In Oedipus at Colonus, Polyneices asked his
sisters to give him a proper burial should he die in the forthcoming battle with his brother
(Oedipus at Colonus, line 1410). As family of Polyneices, it is the duty of the sisters to give him
a proper burial in accordance with “the god’s unwritten and unfailing laws” (Antigone, 455) of
the family. On one hand, Ismene decides that she cannot “act against the citizens” (Antigone, 78-
79) despite her wishes to honour her brother. On the other hand, Antigone thinks it best to honour
her brother as she will be among the dead far longer than the living (Antigone, 75).
The real question here is if the state has the right to deny what family law demands: the
burial of Polyneices. Is it appropriate for Creon to deny the rights of the dead, regardless of
whether they were friend or foe? Creon argues that he (and thus the state) can never “honor the
wicked” (Antigone, 209) while Antigone claims that death renders all men equal under the law
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(Antigone, 519). Sophocles’ resolution to such a clash of laws leaves us with utter uncertainty as
to which law takes precedence. Creon condemns Antigone to death, despite the disproval of his
son and “the whole town” (Antigone, 793). Soon after, Teiresias advises Creon to “yield to the
dead” (Antigone, 1029) but he proves stubborn and fails to heed the advice. All the warnings of
Teiresias then come to pass: “the Furies sent by Hades” (Antigone, 1076)—although more
symbolic than in the Eumenides—wreck their havoc and punish Creon through the suicides of
his wife and son. This resolution seems to imply a precedence of the family law over that of the
state, or at the very least that the death of Polyneices was punishment enough for his crimes
against Thebes. However, this interpretation does not take into account the death of Antigone.
Had she survived the ordeal such an interpretation would give us an answer, but because no
divine interference saved her we are left with much uncertainty. She was punished for her crimes
against the state while Creon was also punished for dishonouring the family.
It might be argued that this ‘irresolution’ of the conflict was intended by Sophocles.
Perhaps we can see it as highlighting a grimmer reality for humans: that all roads can lead to
suffering. Maybe there is no hope of making a better choice for men at all. However, if there
could be hope—if men could find a way not to compound their suffering beyond their proper
share—we would not find it in Sophocles’ resolution. In Sophocles’ account, it appears that
It has been demonstrated that neither the Antigone nor the Eumenides sufficiently resolve
the issue of precedence. Aeschylus makes an attempt to establish the state over the family, but
does not rationally demonstrate why it must be so. He almost seems to second guess himself by
allowing Orestes to win through a technicality rather than a majority decision of the court.
Sophocles also fails to establish precedence either purposely or not. His irresolution may have
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some deeper message of inevitable human suffering, but it still does not place one law over the
other and is thus insufficient. These insufficient resolutions leave the question open; how is it
that humans should act where there is conflict between the state and family? Is there even a
resolution, or is the law simply a double-edged knife? Perhaps Athena was right; no mortal,