BRIBERY IN CLASSICAL ATHENS Kellam ... - Historia Antigua

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Conover Bribery in Classical Athens Chapter Five when he points to divergent penalties for dōrodokia: whereas a tenfold fine might prevent an official from profiting through dōrodokia, capital punishment was intended to deter others from committing dōrodokia (Din. 1.60). Indeed, when Demosthenes relates how the Persian King stopped giving dōra after Timagoras was put to death for dōrodokia, the stringency of capital punishment appears akin to political signaling about the kind of city Athens was. 28 Punishments could certainly restore reciprocity and thereby function as deterrents, but they might also be bound up within broader processes of signification, cultural negotiation, and even education. 29 Once an offense had been defined and matched with an appropriate penalty, by what criteria did the Athenians decide how it could be prosecuted? This is perhaps the least intuitive of the areas of translation we will investigate, but it will prove one of the most important when we turn to examining the role of Athenian dōrodokia legislation. It was noted above that there was considerable procedural flexibility in the laws on dōrodokia, as for a number of offenses in ancient Athens. 30 Demosthenes attests that this procedural flexibility stemmed from a desire to foster litigation: with more legal options available, litigants would choose the process that made the most sense to them (Dem. 22.25-7). Although this idea does not seem common to all areas of the law, even if it were true in principle, it would still tell us little about why specific legal processes were chosen for specific offenses. After all, nowhere does Demosthenes, or any Athenian for that matter, purport that the Athenian legal system allowed maximal procedural 28 Dem. 19.137. Note how in his prosecution of Demosthenes for dōrodokia, Dinarchus claims that Athens needed to kill Demosthenes in order to show the rest of the world that she would not tolerate dōrodokia from her officials: Din. 1.93, cf. 3.21. 29 A point commonly noted by sociolegal scholars: e.g. Silbey (1992: 41-6), Sarat and Simon (2001: 15- 21). For the broader role of punishment in Athenian society, see Allen (2000), Karayiannis and Hatzis (2007: esp. 11-12). 30 See above, p.122. 229
Conover Bribery in Classical Athens Chapter Five flexibility, viz. every offense could be prosecuted by every process. 31 Rather, specific legal procedures had specific meanings, and I suggest that this meaning had to be matched with an offense. Prior to 399, laws were publicly displayed in a somewhat chaotic fashion around the city. Still, there was some order to this chaos, as at least the laws of Draco and Solon were grouped together in the Stoa Basileus, probably from the time of Ephialtes. 32 After 399, this practice continued, but the centralized re-publication of the laws near the Stoa of the Basileus listed laws according to the magistrate who presided over the trial; moreover, many new laws were published in the area to which they applied. 33 We can detect in both practices a common inclination to group together laws belonging to the same space or domain. Whereas originally this space had been defined according to the lawgiver, in the second half of the democracy the focus was on the domain of the presiding magistrate: that is, on the domain over which he could pass authoritative (kurios) judgments. Not all judicial bodies were created equally at Athens: both functionally and symbolically, juries were distinct from the Assembly, which was distinct from the Areopagus Court. In practice this meant that different judicial bodies were differently qualified to render judgment on a particular matter. In the creation of the homicide courts 31 On the contrary, by the end of the democracy we find complaints that the eisangelia process was being abused by those who were prosecuting trivial offenses like hiring flute-girls at below-market price (Hyp. 4.3): see further Hyp. 1.12 with Philips (2006). That this was considered an abuse of the system strongly suggests not only that the social meaning of legal process was differentiated, but especially that such differentiated meaning played a role in which process would be matched with which offenses. 32 Ostwald (1986: 410) brings out this point about the haphazard location of laws throughout the city in the fifth century. AP 7.1 says that the Solonian kyrbeis were located near the Stoa Basileus. See further Ruschenbusch (1966: 14-22). 33 On the re-publication of the laws near the Stoa Basileus, see And. 1.82 and compare IG i 3 104.7-8 (Draco’s homicide law); Dow (1961), Rhodes (1981: 131-5; 1991: 90-1), Clinton (1982), Ostwald (1986: 513n.60, 519), Hansen (1990a). Organization according to procedure: Hansen (1991: 165) with Dem. 24.20-3, Lanni (2006: 142-8), cf. [Dem.] 46.26. Laws published throughout the city: e.g. Nikophon’s law on the testers of silver coinage, SEG xxvi 72.45-6 (375/4 BCE). 230
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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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