Athenian law court (classical period)
Encyclopedia
The law court
s in classical Athens (4th and 5th centuries BC
) were a fundamental organ of democratic
governance. According to Aristotle
, whoever controls the courts, controls the state.
These courts were jury
courts and very large ones: the smallest possible had 200 members (+1 to avoid ties) and sometimes 500, 1000 or 1500. The annual pool of jurors, whose official name was Heliaia
comprised 6000 members. At least on one known occasion the whole six thousand sat together to judge a single case (a plenary session of the Heliaia). This was very different from Rome
's laws, as in Rome, jury representatives were elected. The Athenian jurors were chosen randomly by lot, which meant that juries would consist, in theory, of a wide range of members from all walks of life. Jurors were chosen on an annual basis, as were all other offices within the state (with the exception of the generals, known as strategoi
).
After the reforms of Solon
in 594/3 BC, anyone from each of the four classes (the pentacosiomedimni, hippeis, zeugites and thetes) could become a juror. This was meant to make the system much fairer to the poorer members of society, who had previously been excluded in favour of the elitist aristocrats
.
The archon
s who convened the courts had a purely administrative function and gave no legal direction or advice to the jurors: there was no judge but the jurors themselves.
From the time of Pericles
onwards, jury pay was introduced. This was two obols
a day, which, despite not being a substantial amount of money, was enough to encourage even the poorest to become a juror. This was later increased to three obols a day.
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s in classical Athens (4th and 5th centuries BC
Anno Domini
and Before Christ are designations used to label or number years used with the Julian and Gregorian calendars....
) were a fundamental organ of democratic
Athenian democracy
Athenian democracy developed in the Greek city-state of Athens, comprising the central city-state of Athens and the surrounding territory of Attica, around 508 BC. Athens is one of the first known democracies. Other Greek cities set up democracies, and even though most followed an Athenian model,...
governance. According to Aristotle
Aristotle
Aristotle was a Greek philosopher and polymath, a student of Plato and teacher of Alexander the Great. His writings cover many subjects, including physics, metaphysics, poetry, theater, music, logic, rhetoric, linguistics, politics, government, ethics, biology, and zoology...
, whoever controls the courts, controls the state.
These courts were jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
courts and very large ones: the smallest possible had 200 members (+1 to avoid ties) and sometimes 500, 1000 or 1500. The annual pool of jurors, whose official name was Heliaia
Heliaia
Heliaia or Heliaea was the supreme court of ancient Athens. Τhe view generally held among scholars is that the court drew its name from the ancient Greek verb , which means , namely congregate. Another version is that the court took its name from the fact that the hearings were taking place...
comprised 6000 members. At least on one known occasion the whole six thousand sat together to judge a single case (a plenary session of the Heliaia). This was very different from Rome
Rome
Rome is the capital of Italy and the country's largest and most populated city and comune, with over 2.7 million residents in . The city is located in the central-western portion of the Italian Peninsula, on the Tiber River within the Lazio region of Italy.Rome's history spans two and a half...
's laws, as in Rome, jury representatives were elected. The Athenian jurors were chosen randomly by lot, which meant that juries would consist, in theory, of a wide range of members from all walks of life. Jurors were chosen on an annual basis, as were all other offices within the state (with the exception of the generals, known as strategoi
Strategos
Strategos, plural strategoi, is used in Greek to mean "general". In the Hellenistic and Byzantine Empires the term was also used to describe a military governor...
).
After the reforms of Solon
Solon
Solon was an Athenian statesman, lawmaker, and poet. He is remembered particularly for his efforts to legislate against political, economic and moral decline in archaic Athens...
in 594/3 BC, anyone from each of the four classes (the pentacosiomedimni, hippeis, zeugites and thetes) could become a juror. This was meant to make the system much fairer to the poorer members of society, who had previously been excluded in favour of the elitist aristocrats
Aristocracy
Aristocracy , is a form of government in which a few elite citizens rule. The term derives from the Greek aristokratia, meaning "rule of the best". In origin in Ancient Greece, it was conceived of as rule by the best qualified citizens, and contrasted with monarchy...
.
The archon
Archon
Archon is a Greek word that means "ruler" or "lord", frequently used as the title of a specific public office. It is the masculine present participle of the verb stem ἀρχ-, meaning "to rule", derived from the same root as monarch, hierarchy, and anarchy.- Ancient Greece :In ancient Greece the...
s who convened the courts had a purely administrative function and gave no legal direction or advice to the jurors: there was no judge but the jurors themselves.
From the time of Pericles
Pericles
Pericles was a prominent and influential statesman, orator, and general of Athens during the city's Golden Age—specifically, the time between the Persian and Peloponnesian wars...
onwards, jury pay was introduced. This was two obols
Obolus
The obol was an ancient silver coin. In Classical Athens, there were six obols to the drachma, lioterally "handful"; it could be excahnged for eight chalkoi...
a day, which, despite not being a substantial amount of money, was enough to encourage even the poorest to become a juror. This was later increased to three obols a day.