BRIBERY IN CLASSICAL ATHENS Kellam ... - Historia Antigua

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Conover Bribery in Classical Athens Chapter Five those hoping for the city’s own prosperity wished to see Demosthenes dead (Din. 1.65), thereby permanently removed from the community. To contemplate a dōrodokos like Demosthenes within the polity was thus to envision, and perhaps hope for, a polity without him. Moving our investigation of the dōrodokos forward in this way—pushing it past descriptions of the here and now and looking into what role the figure would play in the city’s future—helpfully underscores how discursive representations of dōrodokoi mapped onto public deliberation about the future of the democracy. Thinking with the dōrodokos was a way to think through the democracy. How, then, did this powerful discursive role shape the way the Athenians legislated against dōrodokia? If the Athenians always looked to the outcome of the dōra given or received, and if in instances of potential bribery they implicitly weighed in which direction their democracy should head, what kind of space did the dōrodokos occupy in their political and legal institutions? Although this claim will be fully argued in the chapters to come, already we can see how the Athenians’ specific conception of the dōrodokos could have had a profound impact not only on how dōrodokia was framed within the laws—what kind of offense was it? how was it defined?—but even on how it was punished—should the dōrodokos become an insider or an outsider? Expanding our inquiry in this way immediately raises important questions about how the Athenians created laws and for what purpose they did so. Were laws against dōrodokia strictly deterrents—legal process merely an extensive apparatus for enforcement—or was the role of law in Athenian society more broadly construed? What were the formal norms governing dōrodokia, how did these relate to informal 213
Conover Bribery in Classical Athens Chapter Five understandings of what constituted dōrodokia, and what was the relationship between these norms and the courts? The inherently political nature of dōrodokia also brings up tangled questions about the relationship between law and politics. In short, did the courts merely enforce norms concerning dōrodokia, or were dōrodokia suits used as deliberative moments when such political norms were contested and ultimately legitimated by a mass jury? These are all central questions that will be explored in the next few chapters, as we use the laws against dōrodokia as a case-study for understanding broader trends in the relationship between Athenian law and society. Broadly speaking, we will be attempting to trace the story of how Athenian dōrodokia legislation was created—that is, how legal innovation came about in ancient Athens—and, consequently, what role this legislation and the legal process it engendered played in Athenian society. On both counts my approach diverges from that by recent scholars working on the legal regulation of bribery, whether in the ancient Athenian setting or in more contemporary societies. This chapter outlines the theoretical framework underpinning our analysis and then put this framework to the test by examining what I argue was Athens’ first law against bribery. 214
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BRIBERY IN CLASSICAL ATHENS Kellam
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© Copyright by Kellam McChesney Co
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legislating dōrodokia. Rather than
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encouragement that made me crazily
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and long-lasting patience were crit
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CHAPTER SEVEN: Athenian dōrodokia
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BRIBERY IN CLASSICAL ATHENS Kellam ... - Historia Antigua

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