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 Conclusion Anti-bribery reform advocates consequently focus on diffusing political power and reducing discretion while increasing accountability. In making government more efficient and fair, such reforms implicitly make government more responsive to the people’s interests. It is perhaps no coincidence, then, that the bulk of suggested reforms entail implementation of what are essentially the hallmarks of modern liberal democracies—public accountability, transparency, clear separation of public and private spheres, and the rule of law. 1 By these standards, the Athenians enacted paradigmatic reforms for combating bribery. The vast majority of public officials at Athens were selected by lottery for one- year terms and worked collaboratively on executive boards, not individually; similarly, the most significant court cases were decided by juries consisting of hundreds of Athenians, selected at random from a pool of 6,000 potential jurors each year. The potential monopolization of resources, whether political, economic, or judicial, was thus slim. Likewise, executive boards were tasked with explicit charges by the dēmos; although they might have a certain amount of discretion in how they fulfilled their charge, the members of a board nevertheless tended to have effectively little discretionary power of their own. Finally, as we saw in the previous two chapters, the Athenians heavily legislated bribery, creating no fewer than seven legal processes for prosecuting the gift or receipt of bribes, whether generally or involving specific officials in specific contexts. By modern standards, the penalties attached to these laws—a tenfold fine, 1 See recently Klitgaard (1988), della Porta and Vannuci (1999), Rose-Ackerman (1999), World Bank (1997), Doig (2000), della Porta and Rose-Ackerman (2002), Johnston (2005). Robinson (1998) has rightly called for more research as to the efficacy of these specific reforms; his approach prudently privileges analytical empirical research over definitions and models. His uncertainty stems in part from the recognized need to adapt anti-corruption reforms to a local context; in this light, ethnographic studies of corruption have been particularly illuminating: see Haller and Shore (2005) generally and, for specific examples, Ledeneva (1998) and Lane Scheppele (1999) on Russia in transition, Rosenthal (1964) on the Muslim world, and Gupta (1995) on India. 323
Conover Bribery in Classical Athens Conclusion disfranchisement, or death—would be considered extreme and, one might imagine, effective ways to hold officials accountable. What makes the Athenian case a paradox, however, is that these anti-bribery measures, though paradigmatic, appear to have been ineffective. Although Athenian conceptions of what did or did not constitute bribery changed over the course of the democracy, these laws apparently did nothing to change the common sentiment that officials could take gifts so long as their actions did not harm the dēmos. As a result, the number of public officials who took gifts seems to have been very high by Western standards. Accurately measuring the incidence of bribery is impossible, of course, but we have already found two different indications that this was so: both the enormous volume of accusations of bribery and, as best as we can extrapolate from limited evidence, the high rate of bribery trials as well. 2 Still more inexplicable, Athens actually flourished in the face of corruption. Neither was the polis captured by rent-seeking politicians nor is there evidence that it was really run by informal criminal networks. On the contrary, commonplace bribery seems to have co-existed with strong institutions; in both theory and practice, the power of the people was only augmented over time, as we have seen. Moreover, ineffective anti- bribery legislation seems to have been perfectly consistent with Athenian democratic values, as hallmarks of the democracy were forged through constant regulation of the dōrodokos. How could this be? How was it that Athens flourished because of, not in spite of, this inefficacy? 3 2 There are over 460 attested references to bribery in our non-fragmentary classical sources; similarly, between 5-10% of major public officials were brought to trial for bribery: see the Introduction above. 3 It should be noted that the amount of bribery envisaged in Athens is considerably more than the minimal amount advocated by political economists, who recognize that controlling bribery itself creates additional 324
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Conover Bribery in Classical Athens Conclusion<br />
Anti-bribery reform advocates consequently focus on diffusing political power and<br />
reducing discretion while increasing accountability. In making government more<br />
efficient and fair, such reforms implicitly make government more responsive to the<br />
people’s interests. It is perhaps no coincidence, then, that the bulk of suggested reforms<br />
entail implementation of what are essentially the hallmarks of modern liberal<br />
democracies—public accountability, transparency, clear separation of public and private<br />
spheres, and the rule of law. 1<br />
By these standards, the Athenians enacted paradigmatic reforms for combating<br />
bribery. The vast majority of public officials at Athens were selected by lottery for one-<br />
year terms and worked collaboratively on executive boards, not individually; similarly,<br />
the most significant court cases were decided by juries consisting of hundreds of<br />
Athenians, selected at random from a pool of 6,000 potential jurors each year. The<br />
potential monopolization of resources, whether political, economic, or judicial, was thus<br />
slim. Likewise, executive boards were tasked with explicit charges by the dēmos;<br />
although they might have a certain amount of discretion in how they fulfilled their<br />
charge, the members of a board nevertheless tended to have effectively little discretionary<br />
power of their own. Finally, as we saw in the previous two chapters, the Athenians<br />
heavily legislated bribery, creating no fewer than seven legal processes for prosecuting<br />
the gift or receipt of bribes, whether generally or involving specific officials in specific<br />
contexts. By modern standards, the penalties attached to these laws—a tenfold fine,<br />
1 See recently Klitgaard (1988), della Porta and Vannuci (1999), Rose-Ackerman (1999), World Bank<br />
(1997), Doig (2000), della Porta and Rose-Ackerman (2002), Johnston (2005). Robinson (1998) has<br />
rightly called for more research as to the efficacy of these specific reforms; his approach prudently<br />
privileges analytical empirical research over definitions and models. His uncertainty stems in part from the<br />
recognized need to adapt anti-corruption reforms to a local context; in this light, ethnographic studies of<br />
corruption have been particularly illuminating: see Haller and Shore (2005) generally and, for specific<br />
examples, Ledeneva (1998) and Lane Scheppele (1999) on Russia in transition, Rosenthal (1964) on the<br />
Muslim world, and Gupta (1995) on India.<br />
323