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Laws Meant to Be Permanent (Nomoi)

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Laws Meant to Be Permanent (Nomoi) Athens and Melos, Private Debate 416 BCE, *5.105 Euripides’ Trojan Women , Sicily Nicias c470-413 BCE, Th 6.8 “A life regulated with strict attention to virtue,” Th. 7.87.5 A Playboy Politician Th.6.15 Expedition approved without much debate. Real debate when assembly recalled to discuss expenditures. Nicias, outvoted, hopes to change decision by exaggerating need for large infantry, ships, and supplies Alcibiades wins debate But Loses Support Arguments Sacrileges Are Bad Omens and • Self defence: my excesses Easy Targets for Enemies benefit the city • Sicilian cities are a motley crew, easily defeated • We have hope of more allies than the Spartans • We must help those who ask • Or we look weak • We must keep growing • We must gain experience After launch, by acting Recall on • A city not inactive by Sacred Ship nature To stand trial. • Must follow its character or die. Ds 414 BCE, Prideful Extravaganza or Escapist Fantasy? Alcibiades in Sparta • Advice: Build a powerful navy • Fortify Decelea in Attica • For access to city and silver • and refuge for Escaping Athenian slaves • Send troops to defend Syracuse (domino theory) • Stirred up Athenian allies in Ionia • Seduced King Agis II’s wife • and escaped after death sentence Disaster in Sicily!!! Hermocrates, Leaderof Democracy At Syracuse Oligarchic Coup 411 BCE • Navy in Samos; government in Athens Tissaphernes Coup of the 400 • Fearing defeat, Assembly votes for new government and return of Alcibiades, 8.54, hoping to change back when safe • Leaders of Oligarchy assassinate enemies 8.65-6 • Program: no pay except to those serving in war and not more than 5,000 with property to share in government • Council and Assembly function, but under complete control of rulers and too cowed to dissent 8.66 • Assembly votes reform: all previous procedures invalid; 5 leaders elected as presidents , each to elect 100, who in turn would elect 3 apiece to make up council of 400 with full powers, and to convene 5,000 when they pleased. • 400 first kill enemies and then pay and dismiss council members previously elected by lot and take over Council with no intention of choosing 5000. Stalemate: Alcibiades, 8.86. 4-5, and Sparta, 896-7, Save Athens Democracy and Immediate Safety Restored, 8.97 Many victories before triumphant Return to Athens, But removed from Generalship in 406 and went into exile Killed 404 in Spartan Plot with Persians Xenophon 1.7, : 406 Trial of Victorious Generals, and then Change of Heart Question: to try generals separately, as the law required, or together as a group, against the law? “If this is done, the guilty will incur the severest punishment, and the guiltless will be set free by you, men of Athens, and will not be put to death unjustly. 25] As for yourselves, you will be granting a trial in accordance with the law and standing true to religion and your oaths, and you will not be fighting on the side of the Lacedaemonians by putting to death the men who captured seventy ships from them and defeated them,—by putting to death these men, I say, without a trial, in violation of the law. Defeat at Aegispotamoi, 405 BCE Thirty Tyrants in Athens 404 BCE . Since Sparta couldn't risk Athens becoming strong again, a group of men called the Thirty Tyrants were placed in power to rule; "Rule of the Thirty Tyrants" One of the leading members of the 30-tyrants was a student of Socrates named Critias; who enforced the stringent demands through violence, corruption and brutality •Sparta took control of Athenian government replacing dictatorship over democracy •Broke up the Athenian Empire by limiting only 3000 citizens a right to trial and to bear arms • Many Athenian citizens considered unfriendly to the new oligarchic order were condemned without a trial, lost their rights, sent to prison, executed, murdered, and exiled with their belongings take for the sake of greed by the 30-tyrants •Limited their military to 12 ships •Ordered Athens to close the port of Piraeus and take down the city walls •After 13 months, the Thirty Tyrants were overthrown by an exiled Athenian general, Thrasybulus and reestablishes democracy in 403 BC Share Reconciliation and Amnesty Thrasybulus honored with olive crown • Two parties should be at peace with one another • Only the 30, the 11, and then 10 in Piraeus would be held; others free to go • Any still in fear could be safe in Eleusis • In assemblies, appointed magistrates and agreed to live by former laws of Solon and Draco until re-codification • Swore they would not remember past grievances. New Beginning: Recodification of Laws • Begun in 410 after restitution of democracy • Completed after overthrow of ‘Dirty Thirty’ • To put an end to previous conflicts and insure amnesty • To insure obedience to law by clarifying contradictions and distinctions between types of laws, e.g., unwritten nomoi, written nomoi, and thesmoi, laid down by authorities, and assembly decrees (psephisma). • Officials appointed to collect all the laws and correct obscurities and inconsistencies, and have them re-inscribed in Ionic alphabet and put in public places. Takes over 6 years, in 2 stages. 403/402 Start of New Era • No law passed before was valid unless it was in the new inscriptions • No uninscribed law could be enforced • No decree could override a law • No prosecution could be brought to for offenses committed before 403/2 • Central record bureau? • Law-making separated from assembly’s political or judicial functions New Procedure for Making or Amending Laws Meant to be Permanent (nomoi) • Changes or amendments could be proposed in the assembly • Every approved proposal submitted to a separate board of nomothetes for scrutiny of • Contradictions and effects. • Proposal valid only if nomothetes approve • Laws inspected every year for inconsistencies and redundancies. • Anything serious passed from Assembly to Nomothetes for correction. Purpose • To insure code remained coherent and consistent and not subject to ill-considered changes – Nomothetes did not take the initiative in proposing or correcting laws – Initiative can come from any Athenian citizen – No proposal went to Nomothetes unless Assembly approved – Nomothetic procedure only for laws meant to be permanent; – Assembly votes on matters more temporary and specific. The End of the Polis Selection by lot from vetted citizens for all officials except generals Terms limited to one year; number of terms also limited Procedures for regular examination of officials Quotes about democracy Many forms of Government have been tried, and will be tried in this world of sin and woe. No one pretends that democracy is perfect or all-wise. Indeed it has been said that democracy is the worst form of Government except for all those other forms that have been tried from time to time.…’ Winston Churchill I deny that it is possible for affairs at Athens to be otherwise than as they now are, except insofar as it is possible to take away a bit here and add a bit there; a substantial change is impossible without removing some part of the democracy. [9] It is possible to discover many ways to improve the constitution; however, it is not easy to discover a means whereby the democracy may continue to exist but sufficient at the same time to provide a better polity, except -- as I have just said -- by adding or subtracting a little. [10] Old Oligarch Finally, it became clear to me, with regard to all existing cornmunities, that they were one and all misgoverned. For their laws have got into a state that is almost incurable, except by some extraordinary reform with good luck to support it. And I was forced to say, when praising true philosophy that it is by this that men are enabled to see what justice in public and private life really is. Therefore, I said, there will be no cessation of evils for the sons of men, till either those who are pursuing a right and true philosophy receive sovereign power in the States, or those in power in the States by some dispensation of providence become true philosophers. .
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