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The Judgment of Animals in Classical Greece: Animal Sculpture and ...

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<strong>in</strong>dicate that the premises <strong>of</strong> the <strong>Classical</strong> Greek house served as shelter for the animal,<br />

which further implies the very real presence <strong>of</strong> the dog <strong>in</strong> everyday domestic life. <strong>The</strong><br />

<strong>in</strong>clusion <strong>of</strong> a dog <strong>in</strong> the house <strong>of</strong> Chremylus raises the question whether specific space<br />

was reserved for the animal. Archaeological evidence regard<strong>in</strong>g the existence <strong>of</strong><br />

doghouses <strong>in</strong> ancient Greek houses is lack<strong>in</strong>g. Physical evidence regard<strong>in</strong>g doghouses <strong>in</strong><br />

the classical world, however, comes from Pompeii. 226<br />

Of particular <strong>in</strong>terest <strong>in</strong> the passage is the sequence to which Hermes adheres<br />

when he enumerates the residents <strong>of</strong> Chremylus’s house—master, wife, children,<br />

servants, dog, Carion, pig. 227 As can be seen, Hermes follows a hierarchical order by<br />

considered the horse to be a family member, an <strong>in</strong>dication that the feel<strong>in</strong>g does not depend upon the<br />

animal’s actual liv<strong>in</strong>g <strong>in</strong> the house. More recently <strong>and</strong> <strong>in</strong> the context <strong>of</strong> the effects <strong>of</strong> hurricane Katr<strong>in</strong>a on<br />

both people <strong>and</strong> animals on the Gulf Coast <strong>of</strong> the United States, some fifteen thous<strong>and</strong> pets, among them<br />

dogs, cats, parakeets, <strong>and</strong> goats, were str<strong>and</strong>ed, rescued, <strong>and</strong> consequently adopted by new owners. As K.<br />

Boccella, “Tug-<strong>of</strong>-War Erupts Over Katr<strong>in</strong>a Pets—Class <strong>and</strong> Race Shade the Fight Between Those Who<br />

Lost, Those Who Now Have,” <strong>The</strong> Philadelphia Inquirer (July 16, 2006) 1, reports, many evacuees, <strong>in</strong> an<br />

effort to reclaim the pets they were forced to ab<strong>and</strong>on, sued agencies that set up the animals for adoption by<br />

new owners. In defense <strong>of</strong> former owners, lawyers represent<strong>in</strong>g them <strong>in</strong> custody battles have argued that<br />

their clients lost everyth<strong>in</strong>g, but the only th<strong>in</strong>g left to them is their family; <strong>and</strong> these animals are their<br />

family. <strong>The</strong> situation, however, has brought forward the overlooked but well-established contradiction<br />

between the widely held notion that pets are family members <strong>and</strong> their legal status as mere property.<br />

Reflective <strong>of</strong> the attempt to resolve this contradiction is the grow<strong>in</strong>g specialty <strong>of</strong> animal law with<strong>in</strong> the<br />

legal world. Expla<strong>in</strong><strong>in</strong>g the objective <strong>of</strong> lawyers specializ<strong>in</strong>g <strong>in</strong> this field, W. St. John, “New Breed <strong>of</strong><br />

Lawyer Gives Every Dog His Day <strong>in</strong> Court,” New York Times (Sept. 3, 2006) 13, states that their primary<br />

goal is: “gett<strong>in</strong>g the legal system to acknowledge that animals have an <strong>in</strong>tr<strong>in</strong>sic value beyond mere<br />

property, because <strong>of</strong> the bond between pets <strong>and</strong> their owners.”<br />

226 Two doghouses were found at Pompeii. One is a small masonry doghouse located <strong>in</strong> the southwest<br />

corner <strong>of</strong> the tabl<strong>in</strong>um <strong>of</strong> a house (XI.V.2) on the Via di Nola. For a discussion <strong>of</strong> this doghouse, see W. F.<br />

Jashemski, <strong>The</strong> Gardens <strong>of</strong> Pompeii, Herculaneum, <strong>and</strong> the Villas Destroyed by Vesuvius (New York,<br />

1979) 103, n. 65, fig. 163. A second doghouse was excavated <strong>in</strong> the so-called Garden <strong>of</strong> Hercules, which<br />

comprised part <strong>of</strong> a humble house (II.VIII.6) to the west <strong>of</strong> the Great Palaestra. <strong>The</strong> doghouse, which was<br />

found south <strong>of</strong> the tricl<strong>in</strong>ium, was made by mount<strong>in</strong>g on a masonry base half <strong>of</strong> a terracotta jar, dolium, that<br />

was cut lengthwise. For a discussion <strong>and</strong> an illustration <strong>of</strong> this doghouse, see Jashemski, <strong>The</strong> Gardens <strong>of</strong><br />

Pompeii 103, n. 66; 279; 426, fig. 422; Also a mosaic from Carthage (A.D. IV-V) depicts a dog cha<strong>in</strong>ed to<br />

its house: D. Brewer et al., Dogs <strong>in</strong> Antiquity. Anubis to Cerberus. <strong>The</strong> Orig<strong>in</strong>s <strong>of</strong> the Domestic Dog<br />

(Warm<strong>in</strong>ster, 2000) 93, fig. 5.12. Varro (116-27 B.C.) is the first classical author to refer to kennels. In his<br />

discussion on dogs liv<strong>in</strong>g <strong>in</strong> farms (Rust. 2.9.12-2.9.13), he recommends: “on ra<strong>in</strong>y days the kennels should<br />

be bedded with leaves or fodder, <strong>and</strong> this for two purposes: to keep them from be<strong>in</strong>g muddied <strong>and</strong> to keep<br />

them from gett<strong>in</strong>g chilled”; translation: W. D. Hooper, ed., tr., rev. H. B. Ash, Marcus Porcius Cato. On<br />

Agriculture. Marcus Terentius Varro. On Agriculture (Cambridge, Mass. <strong>and</strong> London, 1934; rev. <strong>and</strong> repr.<br />

1935; repr. 1993) 403.<br />

227 Additional evidence, that pigs were kept <strong>in</strong> the courtyards <strong>of</strong> Athenian houses <strong>in</strong> specific pens called<br />

xoirokomei=a, derives from comedy (Vesp. 844; Lys. 1037). As A. H. Sommerste<strong>in</strong>, ed., tr., Wealth (<strong>The</strong><br />

154

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