Suffering, Law, and Divine Punishment: Dikē in Hesiod’s Works and Days

Ollie Rourke, Middlebury College Class of 2024

I. Intro

Hesiod's Works and Days is an ancient Greek didactic poem that offers profound insights into societal dynamics and the pursuit of justice in the first millennium BCE. Hesiod is known as the “first written poet in the Western tradition to regard himself as an individual persona with an active role to play in his subject,” and he deftly interweaves mythological etiologies within his personal perspective. Hesiod’s mythical explanation for human suffering and his positionality as a vulnerable farmer convey the societal imperative for lawful order. He presents “dikē” as a concept encompassing the law and legal processes, and its proper use is chiefly characterized as an opposition to violence and an emphasis on oaths. Although dikē is administrated by mortal kings, it is enforced by Zeus through surveillance and divine punishment.

II. Mythology and Positionality

In Works and Days, Hesiod’s articulation of the mythic origins of humans and his own personal perspective to contextualize the importance of the law, or dikē. First, Hesiod uses several myths to put forth the notion that humans used to live in an idyllic age where there were no quarrels or labor, and the law was unnecessary. In this sense, he creates a duality between the mythic past and his present day. The poem draws upon the Promethean myth and the narrative of Pandora to provide an explanation for humans’ current state of strife, or Eris. Due to the fact Prometheus attempts to deceive Zeus and steal fire, the god of thunder declares that “a great pain awaits both you and future mankind.” [1] In turn, Zeus collaborates with the other deities to create Pandora, the first woman. The gods present her with many gifts, including a jar that contains misfortune and evil. Later in the narrative, Pandora opens the jar out of curiosity, letting out “baneful anxieties for humankind” and causing the earth to be full of “evils.”[2] However, before this calamity, “the various kinds of humanity lived on earth without evils and without harsh labor” or disease. [3] Consequently, the world transitioned from a halcyon to a realm that harbored evil. The narrative serves to situate the origin of suffering. Thus, it is an explanatory myth to warrant the pain, toil, and inherent struggles of contemporary life. Ultimately, this contextualizes the conditions that brought about the pertinence of the law.

Hesiod utilizes the Myth of Five Ages to articulate this transition from a blissful era to a period of strife. He explains that “in the very beginning, a Golden Generation of shining-faced humans” was created by the gods.[4]  This race had “a thūmos without anxieties, without labor and woe,”[1]  and they experienced “good times at feasts, exempt from all evils.”[5] He recounts the rise and fall of several more mythical races, culminating in the contemporary Iron Generation. Hesiod bemoans that he is part of this Fifth Race by stating, “if only I had died before it or been born after it.”[6] Although he does not describe a subsequent age, his preference to live in the future could suggest that he believes that the Golden Race will rise again due to the cyclicality of time. [2] [3] [OR4] Nonetheless, Hesiod juxtaposes the era of the Golden Generation with his current day to underscore the importance of the law. He explains that in the Iron Age, “men will not even have a day or night free from toil and suffering.” [7] Hesiod laments that “the way of evil is smooth and accessible” in the status quo, whereas “the path towards” excellence, or aretē “is long and steep.” [8] The duality between the eras highlights the need for the law in his status quo. The descriptions of both the Golden Age and the era preceding the Promethean myth describe a world that lacks conflict. In this dearth of strife, there is little need for dispute resolution among humankind. Yet the transition to the modern day conveys conditions that lay the groundwork to necessitate a system of law and justice. The law is a mechanism that can mediate evil forces, which have become increasingly difficult to avoid. Ultimately, the law can maintain social cohesion and provide structure to the political community.

Second, Hesiod’s agrarian self-conceptualization and his petty fraternal quarrels situate the role that his personal identity plays in rationalizing the need for the law. The practical dispute in the poem centers around the division of inheritance between Hesiod and his brother, Perses. He says that Perses “seized and took away much more than was [his]” after their shares were allotted. [9] Hesiod appears defenseless in the context of this the dispute. He was “a peasant farmer, dependent for justice on those whom Zeus had entrusted with the function of guarding the themistes”, which were the kings. [10] However, he found that their rendering of dikē was “inept” because they took bribes and did not know “how much the half is more than the total.”[11]  The lack of security evident in Hesiod’s state of affairs frames the writing of his epic. He feels that the distribution of the inheritance is an unjust arrangement. However, his status as a farmer elucidates that his control of these matters is limited. Accordingly, it is clear why he would feel the personal need to promote justice.

Moreover, Hesiod uses the epic poem to proactively advocate for a positive use of the legal system. He asks Perses to resolve their dispute together. He writes, “come, let us now sort out [dia-krinesthai] for ourselves the quarrel [neikos], with straight judgments [dikai].”[12] Hesiod wishes to create a settlement with Perses. The word “dikai” indicates his desire to find mutual ground with Perses to create a compact, or legal decision on the inheritance. He wants the decision to be “straight”, which is juxtaposed with the previous ruling by the kings, which he felt was inept. However, at this stage, Hesiod must truly entreat Perses to engage with him. He writes, “you, Perses, must listen to dikē” and advises him that it is “better to go the other way, towards the things of dikē” as opposed to hubris. [13] In this regard, Hesiod is attempting to convince Perses to act in accordance with the law in a just manner. The power dynamic is evident, for Hesiod must resort to rhetorical strategies to sway Perses. Ultimately, Hesiod lacks the ability to render justice without the consent of his peer.

III. Characteristics of Dikē

Although the translation of “dikē”, justice, has moral connotations, the use of “dikē” and its iterations in Works and Days puts forth a chiefly legal notion. [1] [2] First, the plural of “dikē”, “dikai”, is a mutable term that is used in both positive and negative contexts. The word “dikai”, or judgments, is often modified with an adjective and considered by Hesiod to be either “crooked” or “straight”. In turn, dikai can be transformed into a tool of evil. Hesiod writes that “there is a clamor as Dikē is dragged off by men who take her wherever they want.” [1] In turn, these men “sort out, with crooked dikai, what is or is not themis.”[2] Hesiod highlights that dikē can be perverted into a mechanism that fuels negative intentions. He is consistent in using the word “crooked” to convey the evil use of dikē throughout the poem. It does not seem that dikē is innately good, for it can be used to achieve a “crooked” end. Furthermore, Hesiod cautions that employing dikē in such an adverse manner will lead to undesirable consequences. In the end, Dikē “brings evil upon men who exile her and apportion her so as to make her crooked.”[3] The personification of Dikē bolsters the notion that she is mutable based upon the situation. Due to the fact that she has human characteristics, she is nuanced and can manifest various qualities in accordance with the circumstances.

Additionally, Hesiod articulates the positive manifestations of dikē to convey the mutability of the law. He says that when individuals “render straight dikai”, their “city flourishes and the inhabitants blossom.”[4] In turn, “peace [...] ranges about the land,” and these individuals do not experience hunger, war, or atē. [5] Hesiod illustrates that dikai can be beneficial if it is used in a “straight” fashion. Thus, Dikē does not independently imply a sense of moral evaluation. Rather, dikai, or judgment, requires an adjective to provide a moral quality to the statement. In modern vernacular, justice is often synonymous with “righteousness,” and it has a strong moral connotation. However, justice is used in a legal sense in this poem. This raises the question - what are the chief attributes that constitute improper uses of the law, or “crooked” dikē?

Moreover, Hesiod articulates that violence and breaking oaths constitute “crooked” dikē and harm the rule of law. First, he states that “deciders of dikē by violence […] will destroy each other’s cities.”[6]  In this sense, Hesiod conveys that utilizing violence in order to mediate conflict is incredibly destructive. This form of conflict resolution does not lead to social cohesion, which is a key aim of dikē in the pragmatic sense. As well, Hesiod argues that the use of violence, or biē, indicates a bestial lack of law or civilization. He says that biē “is the norm that Zeus has imposed on the fish and beasts and winged birds, that is, to eat each other.” [7] For Hesiod, this is sufficient evidence to demonstrate that “they have no dikē.” [8]  He uses dikē to distinguish humans from animals, which characterizes the correct use of dikē as a maintenance of order and harmony through peaceful relations. Thus, Dikē allows mortals to resolve disputes without resorting to physical force. Accordingly, humans do not have “not live in a state of permanent war with one another, as beasts do.”[9] This image harkens back to the Bronze Race from the Myth of Five Ages, in which humans were constantly warring with one another. The allusion is juxtaposed to the vision of the Golden Race, which prospered in an idyllic time. In some sense, Hesiod may be conveying that the correct use of the law can bring humans closer to the Golden Race than the Bronze Race.

Second, Hesiod expresses that “crooked” dikē is associated with the breaking of oaths. Hesiod describes this conceptual relationship through the personification of oath itself. He says that in the face of hubris, “Horkos […] runs in pursuit, catching up with crooked dikai.” [10]  Hesiod attributes agency to the idea of an oath, claiming that this deity is actively working to fight back against dikai if individuals become “crooked”. Oaths are emblematic of “straight” dikēbecause they create a foundation of trust that is essential to social cohesion. By adhering to one’s word, individuals maintain the integrity of the law. Further, Hesiod writes that “a man harms dikē” if he “knowingly swears a false oath as he bears witness.”[11] In turn, “the future lineage of such a man will be left darkened over”, whereas “the future lineage of a man who swears properly will be superior.”[12] Hesiod emphasizes the value of oaths the severe consequences of breaking them. Therefore, the functioning of the rule of law requires individuals to uphold their commitments and promote honesty. The repercussions of harming these verbal arrangements are far-reaching and generational. Ultimately, the consequent retribution is doled out at the hands of Zeus, who sees all.

IV. Zeus, Kingship, and Punishment

Moreover, while dikē is rendered by mortal kings, it is enforced by Zeus through surveillance and divine punishment. A critical passage in Hesiod’s work recounts that “to humans [Zeus] gave dikē.”[1] In turn, kings “voluntarily render this dikē” while Zeus oversees and enforces it.[2] These lines are particularly salient because they articulate the respective divine and mortal relationships to the law. Hesiod highlights that Zeus does not possess dikē, but rather it is mortals who hold the means to dispense the law. Furthermore, the distinction relates to the connection between Zeus and kings, as the pair serves a dual function in the context of dikē. However, Hesiod is unhappy with the fashion in which kings administer the law. He tells them, “You kings! Guard against these things and make straight your words.” [3] He calls them “devourers of gifts,” and accuses them of having “baneful thoughts in their noos”. Hesiod urges them to “put crooked dikai out of [their] mind[s] completely.”[4] Hesiod’s subjective perspective is evident, for he has little power to render dikē as a farmer. However, he feels that it is important to utilize his epic to convey his gripes to kings and to persuade them to be on the “straight” side of the law. 

Additionally, Zeus’ role in relation to dikē is to monitor mortals and enforce punishment. Notably, the deity of Dikē is the daughter of Zeus. Hesiod highlights this dynamic by referring to her as “Dikē, born of Zeus.” [5] He explains that “whenever someone does her harm, using crooked words, right away she takes her place at the side of Zeus” and then “the people have to pay retribution.” [6] This physical proximity denotes that they have an intimate filial relationship. In some regard, Zeus’ role as a punisher connotes paternal duty and protectiveness, which highlights the key role that punishment plays in conceptualizing the notion of dikē. As well, it underscores that Zeus is aware of “crooked” and “straight” uses of dikē and will punish and aware humans accordingly. [1] 

Furthermore, Zeus has a variety of means to observe the mortal world and ensure that he is cognizant of circumstances in which dikē becomes “crooked”. Hesiod repeatedly references the notion that Zeus is “wide-seeing” and “marks out dikē” for “those who have evil hubris and wanton deeds on their minds.” [7] Perhaps, Zeus can be seen as a proto-moralizing force in his protection of “straight” dikē. He goes on to say that “the Eye of Zeus sees all […] If he so wishes, he will watch over the present situation. It does not escape his notice what kind of dikē this present dikē is.”[8]The notion that Zeus’ may or may not be observing humans at any given time is critical. The potentiality of surveillance creates the feeling among mortals that they are always being watched. The passage also indicates that Zeus notices whether dikē is being rendered in a “crooked” or “straight” manner. Furthermore, Zeus has countless immortals who are “nearby and present among humankind” and “watch over the dikai and guard against reckless deeds.”[9] There is a vast number of immortals, as many as “three times countless—ranging all over the earth” and they are “invisible.”[10] It is evident that humankind is under constant surveillance in order to ensure accordance with “straight” dikē. Zeus’ tendrils of supervision create a panoptical effect in which mortals feel that their actions are perpetually monitored by divine forces. The vast number of guardians under the leadership of Zeus highlights the king of the gods’ paramount role in overseeingdikē.

In addition to observation, Zeus enforces punishment through destructive measures. Hesiod highlights that when an “evil man […] transgresses and plans reckless deeds”, Zeus will “brings down from the skies a great disaster” which includes famine and infertility. [11] Zeus can wreak havoc on polis’ by destroying “their vast host of fighting men” in addition to their "their city-walls or their ships.” [12] In this regard, violating dikē has extremely catastrophic consequences. However, Zeus will be benevolent to those who promote “straight” dikē. Hesiod explains that “if anyone stands ready to speak publicly the things of dikē, with full awareness, to him Zeus grants bliss.”[13] This quote ties into the personal perspective of Hesiod because it appears that he himself will become a recipient of bliss by advocating dikēto Perses and his readers. Further, this dikē must be promoted with genuine comprehension, in the sense that it is rendered in a “straight” manner. In turn, Zeus will provide this individual with rewards. There is a close relationship between exemplifying[2]  “straight” dikē and attaining the favor of the gods. Although Zeus does not dispense dikē, he is ultimately the key deity who mediates punishment from the divine sphere.  

V. Conclusion

Hesiod's depictions of human suffering in myth and his vulnerable position as a farmer emphasize the societal need for lawful orde[1] [2] [3] r. He conceptualizes dikē as the law or legal processes, and it is chiefly characterized by an opposition to violence and a focus on oaths if it is used correctly. While mortal kings render dikē, its enforcement rests in the hands of Zeus through surveillance and punishment. Although Works and Days was written around 2700 years ago, these themes still resonate today. The poem raises the question - do we still live in the Iron Generation? Would Hesiod prefer to live in the modern era? Perhaps he would be proud of the codification of dikē through the creation of complex legal systems that have adapted to the complexity of the human experience. In the modern day, justice is rendered through a trial by a jury of one’s peers rather than kings. Yet at the same time, the criminal justice system is inherently flawed. It is plagued with a litany of issues such as racial discrimination, mass incarceration, excessive punishment, and a lack of police accountability. Hesiod might suggest that human’s enduring susceptibility to bias is a manifestation of “crooked” dikē.

Notes

Section 1:

[1] John Barron and Patricia Easterling, "Hesiod" in The Cambridge History of Classical Literature: Greek Literature, ed. Patricia Easterling and Bernard Knox (Cambridge University Press, 1989), 51.

Section 2: 

[1] Hesiod. Works and Days. Translated by Gregory Nagy. The Center for Hellenic Studies, Harvard University, March 2, 2021. https://chs.harvard.edu/primary-source/hesiod-works-and-days-sb/, 56.

[2] Ibid, 95, 101.

[3] Ibid, 90-92.

[4] Ibid, 109.

[5] Ibid, 115.

[6] Ibid, 175

[7] Ibid, 177.

[8] Ibid, 288-290.

[9] Ibid, 37-38.

[10] Hugh Lloyd-Jones, The Justice of Zeus (Berkeley and Los Angeles: University of California Press, 1971), 32.

[11] Hesiod, Works and Days, 40.

[12] Ibid, 35-36.

[13] Ibid, 216-217.

Section 3:

[1] Ibid, 220-221.

[2] Ibid, 220-221.

[3] Ibid, 223-224.

[4] Ibid, 227.

[5] Ibid, 228-230.

[6] Ibid, 189.

[7] Ibid, 276-278.

[8] Ibid, 278.

[9] Lloyd-Jones, The Justice of Zeus, 35.

[10] Hesiod, Works and Days, 219.

[11] Ibid, 282.

[12] Ibid, 284-285.

Section 4: 

[1] Ibid, 289.

[2] Ibid, 39.

[3] Ibid, 263.

[4] Ibid, 261-264.

[5] Ibid, 265.

[6] Ibid, 259-260.

[7] Ibid, 239.

[8] Ibid, 267-269.

[9] Ibid, 249, 254.

[10] Ibid, 252, 255.

[11] Ibid, 240-244.

[12] Ibid, 246.

[13] Ibid, 280-281.