Simone Lawson
Ancient Greece was not a unified state but a collection of city-states, each with its own laws and political systems. While there was no codified law code that applied across the entire region, there were common bases in law, such as the concepts of law, justice, lord, master, and injury. Athens, for example, had a constitution that described the political system of ancient Athens. This constitution, known as the Constitution of the Athenians or the Athenian Constitution, is attributed to Aristotle and is the only surviving constitution out of the 158 he is believed to have compiled. The Athenian Constitution describes the city's institutions, including citizenship, magistrates, and courts, and provides insight into the democratic reforms of Theseus, the change from monarchy to a system with elected officials, and the Festival of Hephaestus.
| Characteristics | Values |
|---|---|
| Date of Constitution | 350 B.C.E |
| Author | Aristotle or one of his students |
| Content | Describes the political system of ancient Athens |
| Preservation | Preserved on a papyrus roll from Hermopolis, published in 1891 and now in the British Library |
| Ancient Greece's Law Code | Lacked a codified law code used across the country |
| Type of Lawsuits | Public prosecutions or graphai, private suits or dikai |
| Jury Composition | Men selected from a panel of 6,000 volunteers, required to be full citizens and over 30 |
| Current Greek Constitution | Defines Greece as a parliamentary republic |
| Current Greek Constitution | Respect and protection of human rights are the primary obligations of the State |
| Current Greek Constitution | The prevailing religion is that of the Eastern Orthodox Church of Christ |
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What You'll Learn
Aristotle's 'Constitution of the Athenians'
Ancient Greece was not a state but a collection of city-states known as poleis, each with its own laws. Athens, however, was considered a particularly important state. Aristotle's "Constitution of the Athenians" (in ancient Greek Ἀθηναίων πολιτεία, Athenaion Politeia) is a treatise on the political system of ancient Athens. It is preserved on a papyrus roll from Hermopolis, published in 1891 and now in the British Library.
The work consists of two parts. The first part, from Chapter 1 to Chapter 41, deals with the different forms of the constitution, from the trial of the Alcmaeonidae until the fall of the Thirty and the restoration of democracy in 403 BC. The second part describes the city's institutions, including the terms of access to citizenship, magistrates, and the courts. Aristotle also indicates that, at the time he was writing, Athens was still sending officials to Samos. After 322 BC, Samos was no longer under Athenian control.
Based on internal evidence, scholars conclude that the Athenian Constitution was written no earlier than 328 BC and no later than 322 BC. It is of particular significance because it is the only one of Aristotle's extant writings that was intended for publication. It also contains factual information not found in any other extant ancient text. Modern historians have claimed that "the discovery of this treatise constitutes almost a new epoch in Greek historical study".
There is some debate, however, about the authorship of the work. Ancient accounts credit Aristotle with 158 constitutions of various states, and it is assumed that many of them were written or drafted by his students. Some scholars doubt that Aristotle wrote the "Constitution of the Athenians", arguing that all the constitutions could not have been written by a single person as many of the descriptions would have been brief and superficial.
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Solon's reforms
Solon's economic reforms, known as the "shaking off of burdens," addressed the immediate causes of the crisis: debt. All debts were cancelled, enslaved debtors were freed, and borrowing on the security of the person was forbidden. Solon also abolished the status of the hectemoroi (the "one-sixth workers"), who farmed in an early form of serfdom. These reforms were known as the Seisachtheia.
Solon strengthened the Athenian economy by encouraging the growth of Attica's trade and industry. He forbade the export of produce other than olive oil, minted new Athenian coinage on a more universal standard, reformed the standard of weights and measures, and granted immigrant craftsmen citizenship.
Solon's constitution reduced the power of the old aristocracy by making wealth, rather than birth, a criterion for holding political positions. This system was called timokratia (timocracy). Citizens were divided into four classes based on census and wealth: pentacosiomedimnoi, hippeis, zeugitae, and thetes. The zeugitae were granted the right to hold certain minor political offices, and their status rose through the years. The thetes were the lowest social class of citizens, composed of wage workers or those with less than 200 medimnoi as yearly income. Solon's constitution also gave the lower assembly the right to hear appeals, and he created a higher assembly. Both of these measures were meant to decrease the power of the Areopagus, the aristocratic council. Despite the division between classes and citizens, Solon believed that all classes were connected as one. He felt that a disservice against any member of society would indirectly be a disservice against every member of society.
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Ancient Greece's lack of a codified law code
Ancient Greece lacked a codified law code that was used across the country. Instead, it existed as a collection of city-states, or poleis, each with its own distinct laws and legal institutions. This lack of a centralised legal system meant that there was significant variation in the laws and customs across Ancient Greece, with each city-state having its own unique legal framework.
Despite the lack of a uniform law code, there were some common principles and practices that united the various legal systems of the Ancient Greek city-states. One notable example was the concept of arbitration, where disputes between two Greek states or members of a single state were resolved through external arbitration, implying the existence of general principles of law. Additionally, certain legal concepts, such as "law, justice", "lord, master", and "injury", were shared across the different city-states, reflecting a degree of cultural and legal unity.
Athens, being a prominent city-state, often served as the model for Greek law. The Athenian legal system, as described by Aristotle in the "Constitution of the Athenians", provides valuable insights into the legal practices of Ancient Greece. Aristotle's work highlights the democratic nature of the Athenian system, with public prosecutions (graphai) and private suits (dikai) being decided by large juries of 501 or more, or 201 to 401 jurors, respectively. These juries were composed of male citizens over 30, selected from a panel of 6,000 volunteers who were annually chosen for this duty.
The "Constitution of the Athenians" also reveals the social and political dynamics of the time. For instance, it mentions the practice of ostracism, where citizens could vote to exile individuals who posed a potential threat to democracy. This practice was particularly relevant after the Greco-Persian Wars, as a means of preventing tyrants from colluding with foreign powers. Furthermore, Aristotle's work sheds light on the constitutional struggles between the upper classes and the populace, with the poorer classes often being subjected to serfdom or slavery-like conditions.
While Ancient Greece lacked a centralised codified law code, the legal systems of its city-states shared commonalities that reflected their cultural unity. Athens, with its well-documented legal practices and constitutional history, serves as a valuable case study for understanding the broader legal landscape of Ancient Greece.
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The Greek War of Independence
Ancient Greece lacked a codified law code used across the country. Instead, it existed as a collection of city-states known as poleis, each with its own laws. While there was no systematic collection of ancient Greek laws, the earliest notions of Greek law can be found in Homeric poems.
Athens, a prominent city-state, is typically the model provided for Greek law. In Ancient Athens, there were two types of lawsuits: public prosecutions (graphai) and private suits (dikai). Public prosecutions were heard by juries of 501 or more, with increments of 500 jurors, while private suits were heard by 201 or 401 jurors, depending on the amount of money at stake. Juries were made up of men over 30 who were selected from a panel of 6,000 volunteers and were paid a small fee.
Now, onto the Greek War of Independence, also known as the Greek Revolution or the Greek Revolution of 1821. This war was a successful struggle by Greek revolutionaries against the Ottoman Empire, which lasted from 1821 to 1829 (or 1832, according to some sources). The war led to the formation of modern Greece, which would later be expanded to its current size.
The war was characterised by early Greek successes, but internal differences and civil wars weakened their position. The Turks took advantage of this factionalism and captured Athens in 1826. However, the intervention of European powers turned the tide in favour of the Greeks. The destruction of the Ottoman-Egyptian fleet at the Battle of Navarino in 1827 severely crippled the Ottoman forces. The Egyptian army withdrew under pressure from a French expeditionary force in 1828, and the Ottoman garrisons in the Peloponnese surrendered, allowing the Greek revolutionaries to retake central Greece.
The war concluded with the Treaty of Adrianople, in which the Ottomans agreed to Greek autonomy. The London Protocol of February 1830 declared Greece an independent monarchical state under the protection of the European powers. The northern frontier of the new state was set along a line extending from south of Volos to south of Arta. Prince Otto of Bavaria became the first king of Greece, and the Turkish Sultan recognised Greek independence in the Treaty of Constantinople in July 1832.
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The Constitution of the Athenians' description of the city's institutions
Ancient Greece lacked a codified law code used across the country. Instead, it existed as a collection of city-states known as poleis, each with its own unique set of laws. Athens, with its advanced political system, is typically held up as the model for Greek law.
The Constitution of the Athenians, also known as the Athenian Constitution, is a text attributed to Aristotle or one of his students, and it describes the political system of ancient Athens in detail. It is the only surviving constitution out of the 158 Greek state constitutions that Aristotle is believed to have compiled. The work is unique because it is not part of the Corpus Aristotelicum, and it was lost for a long time until its rediscovery in the 19th century.
The Constitution of the Athenians is divided into two sections. The first section, from Part 1 to Part 41, covers the various forms of the constitution from the trial of the Alcmaeonidae up until 403 BC. The second section describes the city's institutions, including the terms of access to citizenship, magistrates, and the courts.
The Athenian Constitution provides valuable insights into the political and legal landscape of ancient Athens. For example, it mentions the Festival of Hephaestus, which was "instituted during the archonship of Cephisophon" in 329 BC. It also indicates that Athens maintained control over Samos until after 322 BC.
In terms of the legal system, ancient Athens recognised two types of lawsuits: public prosecutions (graphai) and private suits (dikai). Public prosecutions were heard by large juries of 501 or more, with increments of 500 additional jurors, while private suits had juries of 201 or 401 jurors, depending on the financial stakes of the case. Juries were annually selected from a pool of 6,000 male volunteers, who had to be full citizens over the age of 30.
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Frequently asked questions
Ancient Greece lacked a codified law code used across the country. It was a collection of city-states known as poleis, each with different laws. However, Aristotle compiled the constitutions of 158 Greek states, of which the Constitution of Athens or the Athenian Constitution is the only one to survive intact.
The Athenian Constitution, also known as the Constitution of the Athenians, describes the constitution and political system of ancient Athens. It is preserved on a papyrus roll from Hermopolis, now in the British Library.
The Athenian Constitution is believed to have been written by Aristotle, though modern scholars debate how much of the authorship can be attributed to him personally. It is believed that, at the very least, he was assisted by his students.
The Athenian Constitution was written around 350 BCE.
The Athenian Constitution describes the city's institutions, including the terms of access to citizenship, magistrates, and the courts. It also mentions the Festival of Hephaestus and that, at the time, Athens was still sending officials to Samos.
