So it’s the time of year when I teach Plato’s Euthyphro and I’m getting ready to run through my usual very short history of Athenian homicide law: how before Draco there was no legal distinction between intentional and non-intentional killing; after Draco, the state began to take greater interest in what had previously been strictly family business; how after Solon it was possible, for the first time, for a citizen who was not a blood relation of the victim to bring suit. (I hope I got that right.)

And then I asked myself: pre-Solon (and even after) what did happen, in practice, if a stranger – some traveler – was killed, and there was no family to bring suit on his behalf? In the dialogue, Euthyphro explains to Socrates that it shouldn’t matter whether the victim is family or a stranger – the pollution is the same either way. And, theologically, that is a perfectly orthodox thing for him to say. More specifically (although Euthyphro doesn’t mention it) Zeus is well-known for having a soft spot for travelers. So if someone kills a traveler or stranger then, theologically, the public has a very legitimate interest in getting all that miasma cleaned up quick before lightning strikes.

So what did the ancient Athenians do in cases in which there was a killing – in which it may have been known who did the killing – and no family with standing to bring suit?

Specific follow-up question: suppose the victim was a guest-friend of an Athenian citizen. Would the citizen then have had legal standing to bring suit on the victim’s behalf?