BRIBERY IN CLASSICAL ATHENS Kellam ... - Historia Antigua
BRIBERY IN CLASSICAL ATHENS Kellam ... - Historia Antigua BRIBERY IN CLASSICAL ATHENS Kellam ... - Historia Antigua
Conover Bribery in Classical Athens Chapter Four Throughout this tumultuous period, there was a considerable tension brewing among Athens’ citizens, as some seemed to acquiesce to the Macedonian hegemony while others grew only more restless, awaiting the right moment to score some advantage, however small. The divided citizen body fragmented the democracy, and in the 330’s we find some hints that Athenians feared that Philip or Alexander would install a tyranny at Athens. 46 At the same time there was an acute focus on Demokratia, the abstract embodiment of the Athenian democracy. In 333/2, for instance, a statue of Demokratia was set up, and later the generals for the year made sacrifices to Demokratia. 47 Contemporary authors appeared newly intent on determining the essence of the Athenian democracy, and discussions about the patrios politeia, or ancestral constitution, were common. 48 As a direct result of these concerns, the authority of the Areopagus court only increased, taking on new powers of investigation (apophasis) and reclaiming its ancient status as ‘guardian of the laws’ and the democracy; and this was but part of a broader shift after the Social War towards more centralized administration. 49 46 Cf. [Dem.] 17.14, Hyp. 2fr.1. Hence, Ostwald (1955: 123-5) and Teegarden (2007: 109-15) tie Eukrates’ law against tyranny and subversion of the dēmos to anti-Macedonian sentiment. In response, Mossé (1970) paints too one-sided a view of Athenian politics in the 330’s: granted, anti-Macedonian sentiment would not have been prudent after Chaeronea, but resentment of Macedonian control was not mere rhetoric; one wonders, after all, why a jury would have so overwhelmingly voted in Demosthenes’ favor at Ctesiphon’s trial if Demosthenes’ political views were marginal. Although Sealey (1958) is right to point out the potentially ad hominem spirit of the law, he too is unconvincing in wholly removing its Macedonian dimension. That said, it is enough for our purposes simply that the law was part of the period’s back-and-forth political battles. 47 A base from the statue has been found: IG ii² 2791. Sacrifices: IG ii² 1496.131-2, 140-1. Similarly, Euphranor of Isthmia was known to have done a wall a painting in the Stoa of Zeus Eleutherios with representations of Demos and Demokratia together with Athens’ legendary founder Theseus (Paus. 1.3.3- 4), and the anti-tyranny decree of 337/6 was inscribed beneath a depiction of Demokratia crowning the Demos. For these contemporary actions and more on behalf of Demokratia, Raubitschek (1962) remains foundational. 48 E.g. [Dem] 59.75-7; Isoc. 12.143-8; Lyc. 1 passim. Ruschenbusch (1958: esp. 399-408 on the Solonian Consitution), Mossé (1978), Hansen (1989). For a thorough review of Demosthenes’ conception of the patrios politeia, see Witte (1995). 49 In the late 350’s or 340’s the Areopagus was granted additional powers to draft a public report (called an apophasis) concerning suspected acts of treason: cf. Din. 1.50. On the apophasis procedure and its significance, see Carawan (1985), Wallace (1989: 113-9), Worthington (1992: 357-62), de Bruyn (1995: 189
Conover Bribery in Classical Athens Chapter Four Significantly, therefore, the Athenians’ response to the suspected threat of stasis in the 340’s and 330’s focused on Athens’ laws, institutions, and political constitution as embodiments of the democracy itself. 50 As we will see, it was this new symbolic embodiment of the polis which was under attack by the dōrodokos. In particular, more than ever before the Athenians weighed the monies of dōrodokia against the currency of civic contributions and public honors. Certainly by the middle of the fourth century, it had been well-established that financial contributions by the wealthy were an essential part of the democracy: no longer did the city have an empire of allied states contributing a tribute, and, as we saw above, the city’s financial recovery in the 350’s and 340’s was predicated to a large extent on considerable elite involvement. 51 Above and beyond mere financial importance, however, the good works of elite citizens played a vital symbolic role within the polis as well. While Athens’ other 117-20), and most recently Sullivan (2003). A number of contemporary sources discuss the Areopagus’ role in the democracy: e.g. Isoc. 7 passim; Din. 1.5, 6, 9, 54-9, 62; Dem. 18.133-4; de Bruyn (1995: 155- 61) and, on legal attacks against the Areopagus, Sealey (1958: 72-3). 50 Indeed, that the laws, not the people, were sovereign was commonly pointed out in this period: cf. Aeschin. 1.4-5, 3.6, 3.169; Dem. 21. 223-5, 23.73, 22.46, 24.5, 24.75-6, 24.118, 25.20-1, 57.56; Lyc. 1.3-4; Din. 3.16; Hyp. 4.5. Hansen (1975: 48; 1990b: 239-42), Ostwald (1986: 497), Ober (1989: 299-304); Lanni (forthcoming) reminds, however, that this was as much a rhetorical claim as a reality, that the law was subordinated to judgments of the people in numerous ways. For the laws and the judicial system as the democracy’s safeguard, see especially Aeschin. 3.6, 3.169, 3.196; Lyc. 1.3-4, fr. 70; Dem. 24.156, 24.216 with Allen (2000: 180-3). In this light, it is perhaps unsurprising to find that, in two cases of attempted overthrow of the democracy, the prosecutor claims that the defendant had simply broken the law, but that, because the laws embodied the democracy, his action had infringed upon the constitution, as well: the two cases involved Lycophron (Hyp. 1 fr. 4a.12, Lyc. fr. 70) and Diognides (Hyp. 3.3) 51 On this point, it is crucial that the allied contributions to the Second Athenian League were termed a syntaxis (contribution) instead of phoros (tribute) precisely because the word phoros carried such pejorative connotations from the fifth century: IG ii² 45.21-2; Harpocration s.v. su/ntacij; cf. Dreher (1995: 59-60). More importantly, as IG ii² 123.11-12 indicates, the allied syntaxeis were to be controlled by the synedrion of the League, not by the Athenian dēmos. Unlike with the tribute, the democracy’s administrative expenses simply were not alleviated by the League’s contributions: Davies (1978: 224), Cargill (1981: 124-7), de Ste Croix (1981: 293), Dreher (1995: 79-80). For Athens’ general financial woes during the fourth century, see especially de Ste Croix (1981: 607n.37). Concerning, specifically, the depletion of the treasury after the Social War, Dem. 10.77 remarks that the city’s total post-war revenues were a mere 130 talents. Within ten years, however, this number was up to 400 talents (Dem. 10.37-9; Theopomp. FGrH 115 F 166). Accordingly, much of Eubulus’ policy at the time was directed at generating domestic revenues through leasing the mines, maintaining foreign interests (especially in the Chersonese), and using private monies in public works: on these fiscal policy changes, Cawkwell (1963) and recently Burke (2002: esp. 171-5; 181-2). 190
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Conover Bribery in Classical Athens Chapter Four<br />
Significantly, therefore, the Athenians’ response to the suspected threat of stasis in the<br />
340’s and 330’s focused on Athens’ laws, institutions, and political constitution as<br />
embodiments of the democracy itself. 50 As we will see, it was this new symbolic<br />
embodiment of the polis which was under attack by the dōrodokos.<br />
In particular, more than ever before the Athenians weighed the monies of<br />
dōrodokia against the currency of civic contributions and public honors. Certainly by the<br />
middle of the fourth century, it had been well-established that financial contributions by<br />
the wealthy were an essential part of the democracy: no longer did the city have an<br />
empire of allied states contributing a tribute, and, as we saw above, the city’s financial<br />
recovery in the 350’s and 340’s was predicated to a large extent on considerable elite<br />
involvement. 51 Above and beyond mere financial importance, however, the good works<br />
of elite citizens played a vital symbolic role within the polis as well. While Athens’ other<br />
117-20), and most recently Sullivan (2003). A number of contemporary sources discuss the Areopagus’<br />
role in the democracy: e.g. Isoc. 7 passim; Din. 1.5, 6, 9, 54-9, 62; Dem. 18.133-4; de Bruyn (1995: 155-<br />
61) and, on legal attacks against the Areopagus, Sealey (1958: 72-3).<br />
50 Indeed, that the laws, not the people, were sovereign was commonly pointed out in this period: cf.<br />
Aeschin. 1.4-5, 3.6, 3.169; Dem. 21. 223-5, 23.73, 22.46, 24.5, 24.75-6, 24.118, 25.20-1, 57.56; Lyc. 1.3-4;<br />
Din. 3.16; Hyp. 4.5. Hansen (1975: 48; 1990b: 239-42), Ostwald (1986: 497), Ober (1989: 299-304);<br />
Lanni (forthcoming) reminds, however, that this was as much a rhetorical claim as a reality, that the law<br />
was subordinated to judgments of the people in numerous ways. For the laws and the judicial system as the<br />
democracy’s safeguard, see especially Aeschin. 3.6, 3.169, 3.196; Lyc. 1.3-4, fr. 70; Dem. 24.156, 24.216<br />
with Allen (2000: 180-3). In this light, it is perhaps unsurprising to find that, in two cases of attempted<br />
overthrow of the democracy, the prosecutor claims that the defendant had simply broken the law, but that,<br />
because the laws embodied the democracy, his action had infringed upon the constitution, as well: the two<br />
cases involved Lycophron (Hyp. 1 fr. 4a.12, Lyc. fr. 70) and Diognides (Hyp. 3.3)<br />
51 On this point, it is crucial that the allied contributions to the Second Athenian League were termed a<br />
syntaxis (contribution) instead of phoros (tribute) precisely because the word phoros carried such pejorative<br />
connotations from the fifth century: IG ii² 45.21-2; Harpocration s.v. su/ntacij; cf. Dreher (1995: 59-60).<br />
More importantly, as IG ii² 123.11-12 indicates, the allied syntaxeis were to be controlled by the synedrion<br />
of the League, not by the Athenian dēmos. Unlike with the tribute, the democracy’s administrative<br />
expenses simply were not alleviated by the League’s contributions: Davies (1978: 224), Cargill (1981:<br />
124-7), de Ste Croix (1981: 293), Dreher (1995: 79-80). For Athens’ general financial woes during the<br />
fourth century, see especially de Ste Croix (1981: 607n.37). Concerning, specifically, the depletion of the<br />
treasury after the Social War, Dem. 10.77 remarks that the city’s total post-war revenues were a mere 130<br />
talents. Within ten years, however, this number was up to 400 talents (Dem. 10.37-9; Theopomp. FGrH<br />
115 F 166). Accordingly, much of Eubulus’ policy at the time was directed at generating domestic<br />
revenues through leasing the mines, maintaining foreign interests (especially in the Chersonese), and using<br />
private monies in public works: on these fiscal policy changes, Cawkwell (1963) and recently Burke<br />
(2002: esp. 171-5; 181-2).<br />
190