BRIBERY IN CLASSICAL ATHENS Kellam ... - Historia Antigua

BRIBERY IN CLASSICAL ATHENS Kellam ... - Historia Antigua BRIBERY IN CLASSICAL ATHENS Kellam ... - Historia Antigua

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Conover Bribery in Classical Athens Conclusion explicitly served this purpose, as they were used to delegitimize political outcomes, processes, and players, alike. In this way the dōrodokos, that curious chameleon of a social type in Athens, became a conceptual bogeyman of the democracy. He frequently entered public discourse at the precise moment someone wished to cast a particular practice, person, or outcome outside Athens’ moral community: what was not ‘inside’ the democracy was ‘outside’, and what was ‘outside’ was dōrodokia. Crucially, therefore, in configuring who was ‘outside’ the community, accusations of dōrodokia also defined the contours of that community. In effect, the image of the dōrodokos isolated the offender from the dēmos and thereby negatively revealed the moral boundaries of the community, itself. The formal oaths and curses sworn in the Council, Assembly, and jury courts are a good example of this process at work. In swearing an oath together, participants in these political bodies were bound to each other within the framework of the polity, and they swore to rise up as a community to drive out anyone guilty of dōrodokia. 6 The inside of the community itself was reaffirmed by extirpating the dōrodokos. Accusations of bribery were rampant—in literature, at public venues like the Assembly or the courts, and of course at dōrodokia trials—but this was only because the Athenians constantly policed the borders of acceptable practices within their democracy and continually tweaked the democracy in practice for the greater good. 7 Thus, these accusations were more than descriptive claims about the conduct of an individual; they 6 Rhodes (1972, 2007), Sommerstein and Fletcher (2007). In this respect, it is crucial that in the stoning of Lycides, suspected of dōrodokia after he proposed to listen to a Persian herald during the Persian Wars (Hdt. 9.3-5), although it was the Council members who stoned him, they acted as citizens, not magistrates, by first removing the crowns signaling their political office (Lyc. 1.122). 7 For a different view on the widespread condemnation of dōrodokia, see Mastrocinque (1996: 16-18), Taylor (2001). 327

Conover Bribery in Classical Athens Conclusion were prescriptive ideas about how a political actor should act. Specifically, as we have seen, bribery trials functioned as a vital political opportunity for an authoritative body to think through and weigh in on a particular outcome or policy. Through bribery trials, that authoritative body could signal its disapproval of certain political results: a ‘failed’ military campaign, for instance, or a ‘harmful’ public proposal. At these legal venues, the people could begin formal deliberation on what a better solution to ‘corrupt’ institutions might be. All bribery trials offered, whether explicitly or implicitly, a different view of what a ‘democratic’ polity should look like, and these views could play a foundational role in shifting—and legitimating—the terms of public debate. Approached this way, an accusation of dōrodokia was an insinuation that the democracy was headed in the wrong direction, albeit for a single point in time when an official had purportedly taken a bribe and thereby effected a bad outcome. It was a reminder, too, that the democracy could always be better than it was, and it was consequently an invitation to think about a new trajectory for the democracy. The significance so attached to bribery may seem excessive to modern readers, but the Athenians appear to have consciously crafted their institutions to foster exactly this kind of deliberation on dōrodokia. With vague legal definitions, high rates of prosecution, and speeches at trials that attempted to place the conduct of the accused either inside or outside the sphere of permissible, legitimate, ‘democratic’ actions, Athenian laws on dōrodokia created a political space within the courts wherein the norms on bribery could be contested and ultimately legitimated. In this way, by construing a different relationship between law and legitimacy, the Athenians could perform crucial political work that would have been too time-consuming 328

Conover Bribery in Classical Athens Conclusion<br />

explicitly served this purpose, as they were used to delegitimize political outcomes,<br />

processes, and players, alike.<br />

In this way the dōrodokos, that curious chameleon of a social type in Athens,<br />

became a conceptual bogeyman of the democracy. He frequently entered public<br />

discourse at the precise moment someone wished to cast a particular practice, person, or<br />

outcome outside Athens’ moral community: what was not ‘inside’ the democracy was<br />

‘outside’, and what was ‘outside’ was dōrodokia. Crucially, therefore, in configuring<br />

who was ‘outside’ the community, accusations of dōrodokia also defined the contours of<br />

that community. In effect, the image of the dōrodokos isolated the offender from the<br />

dēmos and thereby negatively revealed the moral boundaries of the community, itself.<br />

The formal oaths and curses sworn in the Council, Assembly, and jury courts are a good<br />

example of this process at work. In swearing an oath together, participants in these<br />

political bodies were bound to each other within the framework of the polity, and they<br />

swore to rise up as a community to drive out anyone guilty of dōrodokia. 6 The inside of<br />

the community itself was reaffirmed by extirpating the dōrodokos.<br />

Accusations of bribery were rampant—in literature, at public venues like the<br />

Assembly or the courts, and of course at dōrodokia trials—but this was only because the<br />

Athenians constantly policed the borders of acceptable practices within their democracy<br />

and continually tweaked the democracy in practice for the greater good. 7 Thus, these<br />

accusations were more than descriptive claims about the conduct of an individual; they<br />

6 Rhodes (1972, 2007), Sommerstein and Fletcher (2007). In this respect, it is crucial that in the stoning of<br />

Lycides, suspected of dōrodokia after he proposed to listen to a Persian herald during the Persian Wars<br />

(Hdt. 9.3-5), although it was the Council members who stoned him, they acted as citizens, not magistrates,<br />

by first removing the crowns signaling their political office (Lyc. 1.122).<br />

7 For a different view on the widespread condemnation of dōrodokia, see Mastrocinque (1996: 16-18),<br />

Taylor (2001).<br />

327

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