PHIL 2011:
Constitution of Athens
Pt. I: The Historical Constitution
The Text
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One of 150 constitutions Aristotle and his school
collected;
Part of their project of comparative political analysis;
How do we know they did this?
Diogenes Laërtius (3d cent. CE), who reports works
of ancient authors in Lives, Teachings, and
Sayings of Famous Philosophers;
Long thought lost; recovered in nineteenth century.
Overview
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Narrative of the development of the Athenian
democracy, the first in Greece;
Shows the growth in the power and influence
of the people over 250 years;
Tensions between tyrannical or oligarchical
rule and popular rule;
Demonstrates the importance of institutional
change, evolution of the rule of law, and
checks on corruption.
Ancient Constitution
(ca. 7th cent.)
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Discord (recall Plato’s “two cities”);
Slavery of people to a few families;
Oligarchy (rule of the few rich)
Eligibility for office on basis of birth and
wealth;
Tenure of office for life, then amended
to ten years (check on concentration of
power in hands of one or a very few).
Draco (“draconian” = severe)
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Introduced new laws;
Political power in hands of those who had
own armour (armour was expensive);
Could serve as lesser magistrates;
Elected nine Archons and Treasurers from
those with income of not less than ten minae
per year;
Strategi (generals) and cavalry commanders
had to have at least one hundred minae, and
legitimate children by citizen wives.
Draco’s new institutions
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Euthuna: examination of an official’s conduct at the
end of his term of office (an important check on
corruption);
Prytanies (one-tenth of a year) “had to receive
sureties for [strategi and cavalry commanders]…the
sureties being four citizens from the same class”;
Boule: council of 401 members; fine for failure to
attend this body or the Ekklesia (citizen assembly)
Those over thirty cast lots (lottery) for offices;
In what way is this a new practice and why is it
more democratic?
Ancient Offices (ca. 7th cent.)
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King Archon: originally elected military leader with
ceremonial role;
Polemarch: military office created to offset Kings’
incompetence in war!
Archon: most recent of the three;
All three offices became more ceremonial and less
important; later selected by lot (“sortition”) 5th cent.;
Thesmothetae: presided over jury trials:
Nine archons altogether:
Council of Aeropagus: retired archons with strong
judicial powers of absolute decision and punishment.
Solon, 630?-560? BCE
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Of noble birth, but not extremely rich;
Elected archon at time of great strife between
rich and poor:
“When the strife was severe, and the
opposition of long standing, both sides
agreed to give power to Solon as mediator”
(CA, v);
S. advised rich to restrain their greed: “satisfy
your pride with what is moderate”;
“He [S.] always attaches the overall blame for
the strife to the rich.”
Solon, cont.
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Freed people “both then and for the future by
making loans on the security of a person’s
freedom illegal”;
Cancelled debts (this enraged the rich);
Wrote new laws, to apply to all;
“laws were inscribed on kurbeis [wooden
tables] set up in the portico of the King
Archon, and all swore to observe them” (note
importance of transparency of laws,
ceremony and oath to accept them).
Solon’s Property Classes
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Divided population into FOUR property
classes:
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Pentacosiomedimni: wealthiest; 500 dry or liquid
measures (class from which highest official such
as generals and archons would be drawn);
Hippeis: name refers to horseman, e.g. cavalry
fighter, so wealthy enough to own and outfit a
horse for battle;
Zeugitae: 200 dry or liquid measures;
Thetes: everyone else, the poorest.
Solon’s key reforms
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“allot[ed] offices to various classes in
accordance with their property qualification”
(e.g. strategoi came from highest class);
Permitted thetes to sit in the Ekklesia
(assembly) and on dikasteria (juries; dike =
justice);
Pol. 7.3 says thetes were allowed to vote in
the assembly, but historians unsure;
“[I]nstituted selection by lot in accordance
with property classes”.
Summary of Solon’s reforms
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Neither side was pleased;
Poor wanted land equalization;
Rich wanted to be able collect on the loans they had
made;
Aristotle considers Solona true mediator; had he
wanted to be become a tyrant, he would have curried
favor with one side (vi);
He brought back exiles, freed citizens from slavery;
Instituted rule of law for all;
Gave each class a political role, laying the foundation
for future developments.
Peisistratus
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Strife among rival factions, discontent with Solon’s
constitution, and with loss of loans;
Ten archons: five from aristocrats, two from artisans,
three form the country (farmers);
Peisistratus seized power thirty-two years after
Solon’s legislation;
Solon (now old) opposed him; Peisistratus seized the
Acropolis;
Expelled twice before he consolidated power; ruled
for a total of nineteen years over thirty-three;
Benevolent tyrant with broad support who ruled
constitutionally.
Question:
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Consider the quote on page 217: "After the reform of
the constitution which has been described above,
Solon…said it was not right for him to stay to
interpret the laws but that everyone should follow
them as they were drafted."
If the person who wrote the laws does not have the
right to interpret the laws, who may interpret them?
Should the right of interpreting and even rewriting
the laws be given to the citizens?
Further, I am concerned about the explanation of
HKSAR basic law by the central government (who
wrote the laws).