Discussion Topic
Judging Oedipus by modern social and legal standards in "Oedipus Rex"
Summary:
Judging Oedipus by modern social and legal standards, he would likely be seen as a tragic victim of circumstances rather than a criminal. His actions, such as unknowingly killing his father and marrying his mother, were committed in ignorance and without malicious intent, which would mitigate his culpability in contemporary views of justice.
What legal standards from today would judge Oedipus in Sophocles' Oedipus Rex?
Even in today's court, abstaining from
incest is a legal standard. However, laws defining
illegal incest and its punishment actually vary from place to place. While in
the US incest is considered illegal, state laws concerning incest vary greatly.
Hence, if Oedipus were living today and as ruler of the US or of a state within
the US, he would be judged harshly by our legal system.
Some states are far more harsh when it comes to giving sentences to criminals charged with incest. Most states sentence offenders with prison terms, but depending on the state, the prison terms can range from five years to life. As ruler of the US, if Oedipus was convicted in D.C., he would be sentenced with no more than 12 years. However, if he was the ruler over one of the southern states, he would be given a life sentence. New Jersey...
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is the only state that does not penalize individuals guilty of incest that are 18 years old or older. Also, what counts as incest can differ from state to state. For example, Rhode Island, in which orthodox Jewish communities are prevalent, does permit uncles and nieces to marry. In addition, not every state considers marriage or sexual relations between step-individuals or in-laws to be incestuous. However,every state does consider marriage or sexual
relations between parents and offspring to be
incestuous. Therefore, Oedipus would certainly run into legal
issues, and possibly conviction, in today's society.
Towards the end of the play, it becomes very evident that Oedipus has performed
an incestuous act when he, Jocasta, and the audience/reader learn that Oedipus
was given to the shepherd by Jocasta, who then gave him to the messenger from
Corinth, who then gave him to Polybus of Corinth for adoption, as we see when
the shepherd explains to Oedipus under duress, "[the baby in question] was said
to be the child of that man himself [Laius], but your wife could explain the
situation best" (1196-97). Hence, we see that Oedipus is indeed guilty
of incest and would be penalized by today's
court.