Power and equality in Athenian litigation

David Cohen

pp. 131-156

in: Günter Dux, Frank Welz (eds), Moral und Recht im Diskurs der Moderne, Wiesbaden, Verlag für Sozialwissenschaften, 2001

Abstract

Athenian democracy prided itself on its (on the Athenian view) unique respect for equality and the rule of law. It was these democratic values that many Athenians saw as protecting Athens from the violence and political instability that characterized oligarchies. At the same time, however, Athenian society was highly competitive and, according to its critics, allowed the rivalry for power to corrupt both political decision—making in the Assembly and the administration of justice by the popular courts. This paper will focus on the apparent contradiction between these two views of Athenian democracy in the classical age by looking at the way in which tensions about equality, wealth, and rivalry for social precedence informed Athenian litigation.