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 Six Tellingly, the punishment established by these public oaths and curses resembled the penalty of outlawry set up by the original law against dōrodokia. The destruction called for in public pronouncements was a licit form of community violence against an offender and his home, just as any violence against someone who was ‘outlawed’ was an explicitly sanctioned response without consequence or pollution. 15 Like atimia, to curse and stone an offender was a way to remove a pollution threatening the city like a foreign enemy. 16 By removing that enemy ‘outsider’, the community reasserted the physical and symbolic boundaries of the Council’s domain. Yet unlike atimia, a kind of expulsion which essentially admitted the community’s inability to control a pollution, stoning was a way to contain a threat; it proved that the dēmos could control an offender. 17 Whereas outlawry left the offender’s fate in his own hands, stoning took control of the offender’s life. Both processes thus functioned analogously, but in the newly established democracy it was political oaths and curses that symbolically heralded the dēmos’ authority to control its public officials, the dōrodokos in particular. Even though a citizen like Lycides may have been suspected of dōrodokia, we need not assume that clauses on dōrodokia were added to public oaths specifically because dōrodokia was prevalent or because the Athenians were actually concerned that each and every one of these political bodies was in danger of being corrupted through 15 Asheri’s (1977: 176-9 ad Hdt. 9.5) discussion is particularly insightful on this point; see also Cantarella (1988). Similarly, that contemporary archons swore to set up a gold statue if they took bribes was also a way to mitigate pollution. Note how Olympic athletes and judges, too, swore an oath to Zeus Horkios that they would not do any wrong: Paus. 5.24.4 with Perry (2007). An offender set up a golden statute of Zeus as a votive offering in honor of the offended deity (Paus. 5.21). 16 As suggested by Herodotus’ military metaphors, which paint a picture of the Athenian women marching against an enemy. Note how, according to Lycurgus, Lycides’ recommendation was tantamount to betraying the city (prodido/nai th\n po/lin, Lyc. 1.122). Cantarella (1991: 84-7) helpfully underscores how the act of stoning reinforced the boundaries of the community while configuring an offender as an outsider. For the contiguities between stoning and religious purification, see further Gernet (1981: 265-6), Allen (2000: 205-6) and especially Cantarella (1988; 1991: 80-4). 17 On this crucial difference, Allen (2000: 209-11) is foundational. Cf. Gernet (1981: esp. 265-7) 261
Conover Bribery in Classical Athens Chapter Six dōrodokia. Instead, we can see how clauses on dōrodokia functioned as a broad means for the dēmos to regulate the actions of individuals in the public realm. As specific political bodies like the Council of 500, the Assembly, and the Heliaia were created or became newly significant, their proper domain of authority was defined through a political oath, and the contours of the domain were asserted whenever the community took action against someone who had broken the oath. Through configuring a legal space for the dōrodokos, the Athenians thereby articulated the political space of the democracy. Crucially, as suggested by the addition of clauses on dōrodokia, their members effectively swore that that space would be inherently de-personalized to a degree: it would be grounded in the community’s, not some individual’s interests. Inasmuch as dōrodokia was a ready explanation for how an individual like Lycides could have misjudged these interests, such clauses were also a powerful way for the dēmos to assert control over its political agents. In this respect, the addition of these clauses fits in well with other measures in the early democracy which aimed to assert and enforce the political authority of the dēmos. The clauses on dōrodokia in public oaths and curses were thus an extension of Solon’s earlier legislative efforts to make public officials more accountable. Both sets of measures stipulated that the judgments of individual political agents on the greater good of the community could be subjected to re-evaluation by a political body with authority within that particular domain. In the case of the graphē dōrōn, whether or not a magistrate was deemed to have taken dōra illicitly depended in large part on how the Areopagus Council assessed the final outcome of his actions; in the case of public oaths and curses, it was the community as a whole that evaluated the judgments of individual 262
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Conover Bribery in Classical Athens Chapter Six<br />
dōrodokia. Instead, we can see how clauses on dōrodokia functioned as a broad means<br />
for the dēmos to regulate the actions of individuals in the public realm. As specific<br />
political bodies like the Council of 500, the Assembly, and the Heliaia were created or<br />
became newly significant, their proper domain of authority was defined through a<br />
political oath, and the contours of the domain were asserted whenever the community<br />
took action against someone who had broken the oath. Through configuring a legal space<br />
for the dōrodokos, the Athenians thereby articulated the political space of the democracy.<br />
Crucially, as suggested by the addition of clauses on dōrodokia, their members<br />
effectively swore that that space would be inherently de-personalized to a degree: it<br />
would be grounded in the community’s, not some individual’s interests. Inasmuch as<br />
dōrodokia was a ready explanation for how an individual like Lycides could have<br />
misjudged these interests, such clauses were also a powerful way for the dēmos to assert<br />
control over its political agents. In this respect, the addition of these clauses fits in well<br />
with other measures in the early democracy which aimed to assert and enforce the<br />
political authority of the dēmos.<br />
The clauses on dōrodokia in public oaths and curses were thus an extension of<br />
Solon’s earlier legislative efforts to make public officials more accountable. Both sets of<br />
measures stipulated that the judgments of individual political agents on the greater good<br />
of the community could be subjected to re-evaluation by a political body with authority<br />
within that particular domain. In the case of the graphē dōrōn, whether or not a<br />
magistrate was deemed to have taken dōra illicitly depended in large part on how the<br />
Areopagus Council assessed the final outcome of his actions; in the case of public oaths<br />
and curses, it was the community as a whole that evaluated the judgments of individual<br />
262