BRIBERY IN CLASSICAL ATHENS Kellam ... - Historia Antigua

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Conover Bribery in Classical Athens Chapter Five Athenian Legal and Institutional Responses to Bribery: By the end of the democracy, the Athenians had developed a range of formal measures concerning dōrodokia. A series of public oaths and curses condemned those who committed dōrodokia, and at least six different legal procedures covered dōrodokia of one form or another. These included four public procedures (graphai), each most likely pertaining to a distinct law against dōrodokia: the graphē dōrōn for a general law against giving and taking dōra illicitly, as well as for making corrupt promises; the graphē dekasmou for a law against bribing judicial bodies; the graphē dōroxenias, presumably attached to a law against bribing a jury for acquittal in a citizenship trial; and an unnamed graphē for indicting public prosecutors or witnesses (synēgoroi) who had taken dōra for a public or private suit. 1 Moreover, there were two procedures for prosecuting public officials either while still in office or at the end of their term: respectively, public impeachment (eisangelia) of generals who had taken dōra while on campaign and public speakers who had spoken against the city’s interests after taking dōra; and prosecution of a public official during his regular audit (euthyna) at the end of his term. 2 In the second half of the fourth century, there was also the possibility of 1 On these laws and procedures, see generally Thonissen (1875: 213-21), Lipsius (1905-15: 2.401-6), Calhoun (1913: 66-77, 117-18, 131-3), MacDowell (1978: 170-3, 183-6; 1983), MacDowell (1983a), Hansen (1991: 193-4), Kulesza (1995: 34-7), Taylor (2001: 154-7), Hashiba (2006), of which the overviews by Thonissen, Lipsius, MacDowell, and Hashiba are by far the most detailed and comprehensive. General law and graphē dōrōn: Dem. 21.113, Lipsius (1905-15: 2.401-4), MacDowell (1983a: 74-6), Hashiba (2006: 67-74). Graphē dekasmou: [Dem.] 46.26; Lipsius (1905-15: 2.402), MacDowell (1983a: 63-8), Hashiba (2006: 67-74). Graphē dōroxenias: AP 59.3; MacDowell (1983a: 68-9). Unnamed graphē: mentioned in [Dem.] 46.26 as a graphē before the thesmothetai; Rubinstein (2000: 52-3). 2 Eisangelia: Hyp. 4.7-8, 29; Lipsius (1905-15: 1.176-211), Hansen (1975), MacDowell (1978: 173-6; 1983a: 62-3). Euthyna: AP 54.2; Lipsius (1905-15: 2.286-98), Piérart (1971), Carawan (1987). Hansen (1991: 193) argues that an apographē—or a list of money or property received as a bribe, to be confiscated—could also be employed to prosecute someone for dōrodokia. However, his one attested example, IG ii² 1631.361ff., refers to a case in which one Sopolis already owed money to the treasury 215
Conover Bribery in Classical Athens Chapter Five investigation (apophasis) by the Areopagus Court into an alleged instance of dōrodokia. Finally, depending on the offense and procedure used, there were three different penalties for illicitly giving and receiving dōra: outlawry or, later, disfranchisement (atimia), death, and a tenfold fine for the amount of the dōra. 3 Taken as a whole, these measures exhibit two characteristics strikingly at odds with each other. There is a wide range of coverage, including a variety of offenses (illicitly giving and taking dōra, making corrupt promises) by a variety of specific agents (generals, public speakers, and political assemblies of various kinds are all singled out). Yet there is also considerable overlap in the offenses and procedures, where bribing a group of people conceivably falls under any of three different graphai, to say nothing of the possibility of investigating the offense under an apophasis or, if the offender was a public official, an eisangelia or euthyna. How do we account for such rich legal innovation? For scholars of Athenian law, this variety of reforms straightforwardly indicates a persistent anxiety in the democracy about dōrodokia. 4 They assume either that the Athenians first identified a range of (precisely the kind of property normally confiscated under an apographē); that part of his property came from bribes he received is thus purely incidental. 3 Our sources give conflicting accounts of the penalties for dōrodokia; this is an intractable problem for any legal history of dōrodokia. Atimia: explicit in the law cited at Dem. 24.113; cf. And. 1.74, Aeschin. 3.232. Tenfold fine: AP 54.2, Hyp. 5.24, Din. 1.60, 2.16-17. Death: Isoc. 8.50, Aeschin. 1.86-7 for the graphē dekasmou; Din. 1.60, Hyp. 5.24 (conjectured). Of these sources, Aeschin. 3.232 lists only atimia as a penalty for the graphē dōrōn, while both Din. 1.60 and Hyp. 5.24 claim that the penalty was either death or a tenfold fine. I argue below that these last two penalties applied only at a euthyna or eisangelia procedure (although originally instead of death atimia qua outlawry was used), while, as Aeschines attests, atimia (qua disfranchisement) was the only penalty used in a graphē dōrōn suit: see note 33 below. The penalty under an apophasis could vary according to the public decree calling for the investigation: in the case of the Harpalus Affair, for example, Demosthenes was fined 50 talents after being suspected of taking 20 talents in dōra (Plut. Dem. 26.2). It is unknown what the penalty was for conviction in a graphē dōroxenias, but atimia qua outlawry was likely: see Chapter Six below. 4 Such a baldly functionalist view underpins the consensus scholarly view. So, for example, Strauss (1985: 73) remarks, “Bribes threatened to turn an individual against the commonwealth, hence they were outlawed.” Similarly, MacDowell (1983a: 57): “It is...not surprising that some attempts were made to check corruption by legislation and prosecution.” Cf. Calhoun (1913: 67), Harvey (1985: 95), Taylor (2001: 157), Hashiba (2006: 72). 216
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BRIBERY IN CLASSICAL ATHENS Kellam
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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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