Amnesty and Reconciliation in Late Fifth-Century Athens: The Rule of Law Under Restored Democracy

271 Pages·2022·1.073 MB·English

by  Christopher J Joyce

Amnesty and Reconciliation in Late
Fifth-Century Athens
New Approaches to Ancient Greek Institutional History
Series editors: Mirko Canevaro, University of Edinburgh; Edward Harris, Durham
University; David Lewis, University of Edinburgh
This series will showcase new trends in the study of Greek political, legal, social and economic
institutions and institutional history. It will create a fruitful dialogue between Greek institutional
historians and the political and social sciences – and in particular the New Institutionalisms.
Books in the series will go beyond a traditional approach to offer theoretical and methodological
reflection on the importance of institutions and on how we should study them. They will appeal
to Greek historians and to political and social scientists alike.
Books available in the series
The Ideology of Democratic Athens: Institutions, Orators and the Mythical Past
Matteo Barbato
The Politics of Association in Hellenistic Rhodes
Christian A. Thomsen
Amnesty and Reconciliation in Late Fifth-Century Athens:
The Rule of Law under Restored Democracy
Christopher J. Joyce
Visit the series web page at: edinburghuniversitypress.com/new-approaches-to-ancient-greek-
institutional-history
Amnesty and Reconciliation in
Late Fifth-Century Athens
The Rule of Law under Restored Democracy
Christopher J. Joyce
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Contents
Preface and Acknowledgements vii
List of Abbreviations x
1 Introduction: The Athenian Reconciliation in Modern
Scholarship 1
An Overview since Antiquity 3
Democracy and Justice: The Athenian Reconciliation as a
Moral Principle 12
Sources and Methodology 20
Structure and Outlay 29
2 Civil Strife at Athens, 404–403 38
Athens on the Eve of the Thirty 40
The Subversion of Democracy at Athens in Autumn 404 47
The Reign of Terror 54
The Victory of Thrasybulus and the Democrats 62
3 Oaths and Covenants 68
The Athenian Reconciliation: Definitions and Chronology 69
The Covenants of Reconciliation 75
4 The Legal Scrutiny and the Resurrection of the
Rule of Law 90
The Rule of Law: Its Definitions and Characteristics 93
The Trial of Nicomachus, c. 399 (Lys. 30) 98
The Amnesty and the Scrutiny of the Laws (And. 1.71–105) 107
vi amnesty and reconciliation in late fifth-century athens
5 The Amnesty Applied (I): The Trials of Agoratus and
Eratosthenes 126
The Trial of Agoratus, 402–398 (Lys. 13) 129
The Trial of Eratosthenes, Late 403, or Possibly after 401 (Lys. 12) 142
6 The Amnesty Applied (II): The Trials of Callimachus and
Socrates 158
The Trial of Callimachus, 403–400 (Isoc. 18) 160
The Trial of Socrates, 399 (Pl. Ap. with X. Mem.) 170
7 The Athenian Reconciliation as the Paradigm for the
Greek World in the Classical and Hellenistic Ages 180
The Meaning of μὴ μνησικακεῖν 183
Legacy and Paradigm: Amnesty in the Classical and Hellenistic Ages 195
8 The Rule of Law Restored: The Legacy of the
Reconciliation in the Fourth Century 205
The Rule of Law in Action in the Fourth Century 207
Conclusions 212
Bibliography 227
Index Locorum 244
Subject Index 250
Preface and Acknowledgements
What do we mean when we talk about amnesty? In the modern world, amnesty
is understood as an initiative to reconcile two or more sides in a political con-
flict, where vindictive action for offences dating from an internal conflict is
forbidden below a certain level. Since the Second World War, such concep-
tions of amnesty have been witnessed in West Germany, post-Apartheid South
Africa and in the former Soviet satellite countries after the end of the Cold
War. In all those examples, there was an injunction to make litigation against
past offences inadmissible, excepting the most notorious and egregious crimes.
In recent times, classical scholars have asked whether the modern paradigm
finds a comparable example in Greek antiquity. The purpose of this study is
to show that it does. In 404 bce, the Athenian democracy was abolished and
replaced by an oligarchy which ruled for eight months, leading to civil war and
the eventual reassertion of democracy in 403. To reconcile the two warring
sides, legal measures were required to ensure that Athens did not relapse into
civil war, or stasis. The Treaty of Amnesty successfully banished civil war and
ensured that the losing side would not be subject to recrimination at the hands
of the victor. Recent efforts to deny that Athens measured up to the standards
of amnesty which the modern world holds essential have, by that estimation,
been flawed. The present study argues that the Athenian example of 403 was
the paradigm not only for later amnesties in the ancient world, but also for
modern amnesty agreements.
This study is the product of over ten years of separate, freestanding pub-
lications on the Athenian Reconciliation of 403. Most of my earlier articles
addressed technical matters of legal and semantic interpretation. This study aims
to understand events of that vital year in a broader historical setting. It begins
with the circumstances which led to the overthrow of democracy in 404 and
viii amnesty and reconciliation in late fifth-century athens
moves, in turn, to the oligarchy, the democratic resurgence of 403, the legal
measures which put an end to civil conflict, and the trials which ensued. Whilst
it has become fashionable in some quarters to deny that Athenian democracy
functioned according to the rule of law, this study shows that without the rule
of law, the Athenian Reconciliation of 403 would not have been impossible
but would have taken a very different course from the one it did. I have tried
to consign disagreement to footnotes and, in the main body of my text, to
present the arguments as lucidly, and with as little unpleasant polemical residue,
as possible. Inevitably, some readers will take different theoretical approaches
to ancient democracy and will disagree with many of my conclusions. Never-
theless, I make no apology for my keenly partisan approach or for siding with
scholars who see law and democracy as inextricably intertwined. The evidence
on which modern reconstruction is grounded is often difficult and contro-
versial, and my interpretation of it will by no means prove unassailable. Since
2008, when I first published on the Athenian Amnesty, my own views have,
on several key details, shifted. As new evidence comes to light and as old ways
of examining existing evidence come under review, my ideas will continue to
transform. I have already had to admit fault in some of my earlier writing.
This study forms part of a series of New Institutionalist perspectives on
Greek history, law and society. It belongs to a tradition of thinking originating
with Douglas North, James March and Johan Olsen, which views institutions
as mechanisms through which individual choices are influenced, regulated and
channelled. Though New Institutionalism, as a theory, is broad and incorpo-
rates many different strands and variants, this study focuses on the role played
by the democratic Athenian lawcourts in guaranteeing that political society in
the aftermath of civil war and reconciliation could cohere. ‘Forgetting the past’
entailed much more than just a moral commitment to bear no grudges. The
evidence for the years which followed the Reconciliation of 403 bce shows
that bitter feelings still ran deep, and that an emotional or ethical appeal to the
goodwill of citizens to bury the hatchet would alone have been insufficient
to constrain underlying vindictive feelings which, if left legally unchecked,
would have plunged Athens into renewed internal conflict. The triumph of
the Athenian Reconciliation Agreement was to ensure that the rule of law,
enforced through the democratic courts, was reinstated after 403 and provided
a secure and stable means to forestall potential backsliding into civil war.
My deepest gratitude is to Professor Edward Harris, without whose
encouragement, advice, discussion, honesty and insight I would never have
found the impetus or courage to write this book. I became acquainted with
Edward some ten years ago, when I approached him for advice on the quoted
decrees in Andocides’ first speech On the Mysteries. Little did I know at the
time that he was about to demolish the authenticity of all three inserted docu-
ments. These articles opened the road to a new and more coherent reading of
preface and acknowledgements ix
Andocides’ self-defence and of the Amnesty itself. Intricate problems which
for years had racked my brain vanished overnight. Since that time, Edward has
become a close friend and ally, full of sage advice, a fountain of knowledge
and expertise, and a reference point in all matters related to the classical world
and beyond. In addition, I would like to thank Professor Peter Liddel, who
read an earlier draft and who offered excellent advice and admonition; and
Professor Mirko Canevaro and Dr David Lewis, who both steered me clear
of many errors which I would, no doubt, have made without their scrupulous
readings of earlier drafts. Acknowledgement is due to the anonymous referees
for Edinburgh University Press, who identified areas where the initial draft
had been defective. In addition, I would like to thank Dr Jane Burkowski for
her committed work in helping me to prepare the final MS of this book for
publication, without whose acute eye for detail innumerable errors and incon-
sistencies would have remained in the text. I would also like to thank Fiona
Conn at Edinburgh University Press for overseeing the proofreading process
and for the efficiency with which she has helped to iron over any remaining
editorial inconsistencies in the text.
Finally, it remains for me to acknowledge my wife, Sophia, for her patience
with me during this lengthy process. Without her love and support, this book
would not have seen the light of day. If my endeavours to comprehend the
Athenian Reconciliation have been at all successful, success is due to the care
and inspiration of all who have known me throughout the writing process.
If they have been only partially successful, that is due, in totality, to my own
failings and shortcomings.
Abbreviations
For ancient authors and their works, I follow the conventions of the LSJ.
Modern journals and periodicals, where abbreviated, use the conventions laid
out in L’année philologique. The text and notes contain other abbreviations
when referring to volumes of published inscriptions and fragments of Greek
historians, which are listed below for reference:
DK Die Fragmente der Vorsokratiker, ed. H. A. Diels,
W. Kranz, 5th ed., 1934–7.
FGrHist Die Fragmente der griechischen Historiker, ed. F. Jacoby,
Berlin–Leiden, 1923–58.
IC IV Inscriptiones Creticae, ed. M. Guarducci, Vol. 4, Tituli
Gortynii. Rome, 1950.
IEleusis Eleusis: The Inscriptions on Stone. Documents of the
Sanctuary of the Two Goddesses and Public Documents of
the Deme, 2 vols in 3 parts, ed. K. Clinton, Athens,
2005–8.
IG I2 I nscriptiones Graecae, I: Inscriptiones Atticae Euclidis anno
(403/2) anteriores, 2nd ed., F. Hiller von Gaertringen,
Berlin, 1924.
IG I3 I nscriptiones Graecae, I3: Inscriptiones Atticae Euclidis
anno anteriores 3, Fasc. I, ed. D. M. Lewis, Berlin,
1981.
IG II2 Inscriptiones Graecae II et III: Inscriptiones Atticae Euclidis
anno (403/2) posteriores, 2nd ed., parts I–III, ed. J.
Kirchner, Berlin, 1913–1940.