The Athenians claim the credit of being the first to have regular processes of law. In the beginning the administration of justice was done by amateurs. People were selected by lot, they presided over trials and preliminary hearings before the popular courts. In the fifth century when rhetoric was being taught, some became so good at persuasion, they held a distinct advantage. These men wrote speeches for clients to use as their own. Good speeches were like advertisements for them.

Oratory Rhetoric.

Oratory rhetoric was divided into epideictic, deliberative, and forensic. Deliberative was used to address the people in the general Assembly. Forensic was delivered in the law courts. These are usually called political oratory because they both deal with government. Epideictic or display oratory included all other oratations, such as those delivered during festivals, public rites, or moral discourses.

While under Macedonian rule oratory rhetoric languished and Athens became a provincial town. Other cities succeeded Athens, the "School of Greece" as Pericles had called her. However, oratory eventually degenerated into declamation.

Judiciary.

The Areopagus, the popular Assembly, called the Ecclesia, and the regular magistrates or Archons all had well-recognized judicial functions. The steps in which government controlled and developed the administration of justice can be followed easier in Athens than anywhere else, because we have more information from there.

In 900-800 B.C. government was what Aristotle called a "monarchy of the heroic age." There were no laws or tribunals. It was up to the individual to get justice for wrongs against him. Relatives and friends were always expected to help and sometimes the whole community if it concerned them all. When a person of another tribe committed an outrage, a crime, against a citizen, his fellow citizens would help him demand compensation. Because of this, communities started to seek to prevent and punish aggressors from other tribes. This is where the popular assembly came in. Anyone could appeal to it provided it was of public import.

In the case of minor disputes it was left to kings or other prominent persons whose integrity and judgment inspired confidence. This led to the belief that settling disputes was a royal prerogative. This is the justification of Aristotle's statement that "the king [in the Heroic Age] was a general and a judge and had control of religion."

About 700 B.C. the monarchy had been gradually disappearing and the dispensing of justice had by this time become a recognized function of government. Unfortunately the chiefs who were the ruling aristocracy did not have a problem enriching themselves by accepting bribes. This and the needs of more complex social and economic organization aroused the people to demand written laws and rules of procedure to protect against corrupt judges.

"No worse foe than a despot hath a state
Under whom, first, can be no written laws,
But one rules, keeping in his private hands
The Law: so is equality no more.
But when the laws are written then the weak
And wealthy have alike but equal right."

After the aristocratic republic came an oligarchy. Instead of kings there were magistrates elected annually on the basis of wealth and birth. Soon functions of the king were distributed among nine magistrates called "archons." The chief was the Archon. He handled civil suits involving estates and family relations. The Polemarch exercised the military functions of the king and had jurisdiction over aliens. The remaining six were known as the Thesmothetae. They took cognizance of all cases outside the jurisdiction of the other magistrates and recorded judicial decisions. The Areopagus was the governing body of the state and served as a criminal court.

In 621 B.C. Draco gave Athens its first code. The only laws that have survived are those dealing with homicide. So severe were the punishments in his code that some said Draco wrote his laws not in ink but in blood.

In 594 B.C. Solon, the great lawgiver, threw out all of Draco's laws except the ones dealing with homicide, and gave Athens a democratic constitution with a senate and popular assembly. With the expulsion of the tyrants Cleisthenes revised the constitution in a democratic spirit.

The Ecclesia was the sovereign power of the state and composed of all citizens. Associated with it was the Council of Five Hundred, or Boule, which was a representative body chosen annually by lot from citizens of thirty years or older. Fifty were selected from each of the ten tribes into which the citizens were divided. Each of the ten was a committee called the Prytaneis. They presided over the Boule, furnished chairmen for the meetings of the government. Higher offices of the state were filled from the first three of the four classes, into which the citizens were divided on a basis of wealth.

All these bodies and officials shared in the administration of justice. However the supreme judicial authority was vested in the sovereign people. They normally dispensed justice only in the case of serious crimes or offenses not otherwise provided for by law, though they could take action in any case they wished.

Regular proceedings were called eisangeliae or "impeachment". Much like today it was a trial before a political body. A crime could also be brought to attention by presentment. A vote of acquittal ended the matter, a vote of condemnation though without legal effect usually encouraged the prosecutor to bring the charge before a regular court. Basically it was an expression of public opinion.

Solon also started the first court of appeals. Magistrates could not be allowed to have final judgment where the people claimed the right to exercise all functions of government. the right to grant appeal went to the members of the Heliaea, a judicial assembly. Only those thirty years or older could be members. And the members were not officials of the state over the people, they were the people.

Significant Changes.

Many changes happened between Cleisthenes and the age of Demosthenes. Some were suggested by experience, others because of the progress of democracy. Some to relieve the congestion of the courts.

Some of the more significant changes were: Pisistratus set up a tyranny which endured for fifty years, he made no drastic changes and only filled offices with his friends and family. He did however appoint judges to go on circuit throughout the Attic townships, they acted primarily as arbitrators. Evidence stated to be presented in the form of affidavits acknowledged by the witnesses in court so appeals could be based on evidence in its original form.Pericles made provision for paying the jurors a small fee. In 425 B.C. Cleon made a substantial increase in that pay. Amnesty, statute of limitations, accord and satisfaction were also started by the ancient Greeks.

Homicide.

Homicide in 900-800 B.C. was dealt with by relatives who started blood feuds or put a price on the killer. The community did not intervene until the shedding of blood polluted the soil. the killer had to be purified or banished because he was considered polluted as well. Avoiding blood feuds and maintaining peace was an important influence in bringing about state intervention. Special courts were used to try homicide cases. The right to prosecute an alleged murderer was left to near relatives of the victim; the state did not bring cases itself.

The Areopagus is reputed to be the most ancient homicide court in Greece. In the beginning it tried all cases of homicide, but after the differentiation of voluntary, involuntary, and justifiable homicide four additional courts were instituted. Voluntary came under the jurisdiction of the Areopagus under the King Archon who actively participated in the trial. The Palladium tried cases of involuntary homicide and of killing non-citizens, i.e., slaves, resident aliens, and transient foreigners. Justifiable homicide was tried by the court of Delphinium. And the court at Preatto tried those who, while in banishment for involuntary homicide, were charged with murder or wounding with intent. All defendants were tried from a boat before the court seated on the shore to prevent pollution of the soil. The judges were composed of fifty-one special judges recruited from the membership of the Areopagus.

During the fifth century the Ephetae were replaced by regular juryman. this occurred because the Areopagus was deprived of political and judicial powers. The court of the Prytaneum, consisting of the tribal kings under the King Anchon, tried unknown slayers and animals and inanimate objects that had caused the death of a human being. Condemned objects were cast beyond the borders of Attica. A similar practice is found in Anglo-Saxon law, where condemned objects were called "deodands".

Conclusion.

As you can see we have a judicial system not unlike the ancient Athenians. They were the first to do many things in the ways of justice and government. Many of today's governments have copied what they did so long ago. Whether or not it is done better now or then is left to argument.

Back to Introduction.