70- 19,305 DARGAN, O.P., Sister Mary Faith, 1931- THE INTERPLAY OF ETHOS AND LEGAL ISSUES IN CERTAIN PRIVATE ORATIONS OF DEMOSTHENES. EPortions of Text in Greek]. The Ohio State University, Ph.D. , 1970 Language and Literature, classical University Microfilms, XEROXA Company, Ann Arbor, Michigan © Copyright by Sister Mary Faith Dargan, O.P. 1970 THIS DISSERTATION HAS BEEN MICROFILMED EXACTLY AS RECEIVED THE INTERPLAY OF ETHOS AND LEGAL ISSUES IN CERTAIN PRIVATE ORATIONS OF DEMOSTHENES DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Sister Mary Faith Dargan, O.P., B.A., A.M. * * * * * * * The Ohio State University 1970 Approved by U j JP q AdvJ se-g— Department of Classics ACKNOWLEDGMENTS I wish to acknowledge my sincere gratitude to Professor Mark P. 0. Morford for the Invaluable encour­ agement and assistance given to me in the preparation of this dissertation and for his kindness on innumerable occasions during the years he has served as my adviser. To Mother Francis de Sales, O.P. and the General Council of the Dominican Sisters of Saint Mary of the Springs for relieving me of all other duties in order to complete these studies, I owe a special debt of gratitude. For the moral support of many Sisters I am also grateful. ii VITA December 16, 1931 Born - West Haven Connecticut 1953 B.A., Albertus Magnus College New Haven, Connecticut 1960 A.M., Boston College, Boston, Massachusetts 1967-1970 Teaching Associate, Department of Classics, The Ohio State University Columbus, Ohio FIELDS OF STUDY Latin and Greek Literature. Professor Mark P. 0. Morford Latin Literature. Professors John B. Titchener and Kenneth M. Abbott Greek Literature. Professors Robert J. Lenardon, Clarence A. Forbes, and William R. Jones Linguistics and Palaeography. Professor Kenneth M. Abbott Textual Criticism. Professor John B. Titchener Roman and Greek History. Professor William F. McDonald ill TABLE OF CONTENTS Page ACKNOWLEDGMENTS ............................................ ii VITA ...................................................... iil INTRODUCTION ............................. ^ .............. 1 Chapter I. AGAINST SPUDIAS (XLI) ............................ 9 II. AGAINST CALLICLES (LV) ............. 38 III. AGAINST EUBULIDES (LXXVII) ........................ 59 IV. AGAINST CONON (LIV) .............................. 86 V. CONCLUSION........................... Ill APPENDIX .................................................. 121 BIBLIOGRAPHY .............................................. 123 iv INTRODUCTION The Demosthenic corpus contains a very interesting group of private speeches^ depicting Demosthenes' work as a logographer. They are invaluable in that they contain detailed information on Attic law and reflect various phases of social and mercantile life in the fourth century B.C. The standard works of Schaefer and Blass, the excellent editions and commentaries of Paley and Sandys, and of Gernet have dealt with certain stylistic, grammatical, and legal issues inherent in these speeches, but virtually nothing has been done by way of examining their rhetorical and artistic worth. Moreover, Demosthenes' 2 talent with regard to the technique of ethopoiia in these speeches has been either overlooked or minimized. Ethopoiia was the ability of the logographer to modify his style both in speech and thought to For the authenticity of these speeches I accept the arguments of F. Blass as put forth in Vol. Ill of Die attische Beredsamkeit (Leipzig: B.G. Teubner, 1877). The speeches are XXXVI-XXXIX; XLI, XLV, LI, LIV, LV, LVII. Demosthenes also wrote forensic speeches of a public nature. 2Aristotle Rhet. 1356a 1-13; 1408a 25-32; I417a 16-17; also, Dion. Hal. Lysias 8. For a discussion of the word and its different meanings in Greek authors, cf. J.F. Lockwood, "ndixfi A££ts and Dinarchus," C(£, XXIII (1929), 180-85. For ethos, cf. G.A. Kennedy, The Art of Persuasion in Greece (Princeton: Princeton University Press, 1963), pp. 91-93 and William L. DeVries, Ethopoiia. A Rhetori cal Study of the Types of Character in the Orations of Lysias (Baltimore: J. Murphy and Co., 1892), pp. 9-17. See further, Albin Lesky, A History of Greek Literature, trans. James Willis and C. de Heer (New York: Thomas Y. Crowell Company, 1966), p. 595, n. 1. 1 2 suit the particular character of each litigant. In addition, the logographer saw to it that his client appeared to be a man of Integrity who spoke the truth. This ethical appeal was a most effective instrument of persuasion, since an Athenian jury was influenced to a large extent by its opinion of the moral worth and candor of a litigant. Ethopoiia also served the purpose of concealing the identity of the writer. Although Lysias exemplifies the art at its highest development, Demosthenes' talent in this area deserves more consideration than critics have granted him. Indeed, the following quotation from Adams is representative of the traditional criticism with which Demosthenes’ ability as a writer of ethos has been dismissed: Here Demosthenes is not at home. In any one of the numerous speeches written for clients to deliver, it is the same man who is speaking, Demosthenes himself; he cannot submerge himself in the personality of his client; it is Demosthenes' own point of view that is presented in the speech, his own argumentative style which stands out. It was only in the more serious private cases, having also something of political significance, that Demosthenes' sober and often indignant style so far fitted the char­ acter of the speaker and the circumstances of the case to carry conviction.! This criticism is not justified when one considers the praise that ancient and modern critics have bestowed upon the ethopoiia in the Conon, a non-political private speech. Indeed, Dionysius of Halicarnassus thought this speech and the Eubulides (another private speech without political significance) worthy of Lysias. ^Charles Adams, Demosthenes and His Influence (New York: Longmans, Green and Co., 1927), p. 73. 3 In order to evaluate Demosthenes' ability as a logographer, two points must be kept in mind: first, the art of logography^ itself and secondly, the audience before whom the speeches were delivered. Since there were no lawyers per se in fourth-century Athens, everyone, no matter how inexperienced, had to handle his own case. With the institution of large popular juries, the litigant had to face a group of several hundred who appreciated oratory and wanted to be entertained as well as convinced. Appeals to pity and prejudice were the rule rather than the exception. In order to address such a mass audience a carefully prepared and well delivered speech was a necessity. Originally the uneducated farmer or the active merchant went to someone more learned for legal advice and a sketch of what he should say. Towards the end of the fifth century, as the art of oratory became more developed, a class of professional speech-writers called "logographers" grew up. The new profession combined the functions of the writer, rhetoric teacher, and lawyer. These men were paid for giving legal counsel and for writing a speech for a client to deliver. The litigiousness of the Athenians in the fifth and fourth century was proverbial, and as a result the judiciary played a highly Lavency, Aspects de la logographie judicialre attique (Louvain, 1964) contains the most recent and a very complete treatment of the subject. The profession has also been studied in its relation to cultural history by Robert J. Bonner, Lawyers and Litigants in Ancient Athens (Chicago: University of Chicago Press, 1927). 4 significant role in the daily life of the citizens.^ Indeed, the whole thrust of Plato's Republic is that the first duty of the state is the assurance of justice to its members. Magistrates were subject to multiple scrutinies on entering and leaving office, and military commanders, as well, were held accountable for their actions. In addition, law courts were often the place where political disputes were decided. Therefore, the courts were constantly "flooded" and, thus, the logographer was in constant demand.' One must not imagine 2 austere judicial bodies when considering the Athenian courts. t They were more like popular mass meetings, whose members were elected by lot from the whole body of citizens. The only requirement was that Cf. Arist. Birds 39-41. Werner Jaeger comments on the Athenian mania for litigation in Paideia: the Ideals of Greek Culture, trans. Gilbert Highet, III (New York; Oxford University Press, 1944), p. 65. He points out that it was the obverse of the firm legality of the Athenian state and "produced a universal interest in agones— lawsuits and prosecutions." It is noteworthy that one of the typical scenes of Greek public life on the shield of Achilles depicts a group of elders administering justice in the market-place. Cf. Homer 11. 18.497ff. 2 For discussions on the character of Athenian courts, cf. John Lofberg, Sycophancy in Athens (Wisconsin: Collegiate Press of the George Banta Publishing Company, n.d.), pp. 10-19; Victor Ehrenberg, The Greek State (2nd ed.; London: Methuen & Co. Ltd., 1969), pp. 72—74; Bonner, Lawyers, pp. 72-95; J.P. Mahaffy, Social Life in Greece from Homer to Menander (London: Macmillan and Co. Limited, 1925), pp. 393ff; W. Wyse, "The Athenian Judicial System in the Fourth Century," in A Companion to Greek Studies, ed. by Leonard Whibley (3rd ed., rev. and enl.; Cambridge University Press, 1916), pp. 471-90; and John Lofberg, "Trial by Jury in Athens and America," CJ[ XVII (1921), 3-15. Gustav Gilbert, The Constitutional Antiquities of Sparta and Athens (New York: Macmillan and Co., 1895), pp. 376-416 may still be consulted with profit. The plays of Aristophanes teem with exaggerated criticisms of the courts. The Wasps is entirely devoted to a satire of the judicial system. 5 the jurors be over thirty years old. For economic reasons, aristo­ crats and successful businessmen preferred to avoid jury service.^ Further, since such service was regarded as a preserve of the litigiously inclined, wealthy conservatives developed a strong prejudice against serving on these "mob" juries.