Athens: Its Rise and Fall, Book IVLytton, Edward Bulwer Lytton, Baron
History
Athens: Its Rise and Fall, Book IV
Lytton, Edward Bulwer Lytton, Baron
Athens (Greece) -- History
If we intrust a wide political suffrage to the people, the people at
least hold no trust for others than themselves and their posterity--
they are not responsible to the public, for they are the public. But
in law, where there are two parties concerned, the plaintiff and
defendant, the judge should not only be incorruptible, but strictly
responsible. In Athens the people became the judge; and, in offences
punishable by fine, were the very party interested in procuring
condemnation; the numbers of the jury prevented all responsibility,
excused all abuses, and made them susceptible of the same shameless
excesses that characterize self-elected corporations--from which
appeal is idle, and over which public opinion exercises no control.
These numerous, ignorant, and passionate assemblies were liable at all
times to the heats of party, to the eloquence of individuals--to the
whims and caprices, the prejudices, the impatience, and the turbulence
which must ever be the characteristics of a multitude orally
addressed. It was evident, also, that from service in such a court,
the wealthy, the eminent, and the learned, with other occupation or
amusement, would soon seek to absent themselves. And the final blow
to the integrity and respectability of the popular judicature was
given at a later period by Pericles, when he instituted a salary, just
sufficient to tempt the poor and to be disdained by the affluent, to
every dicast or juryman in the ten ordinary courts [222]. Legal
science became not the profession of the erudite and the laborious
few, but the livelihood of the ignorant and idle multitude. The
canvassing--the cajoling--the bribery--that resulted from this, the
most vicious institution of the Athenian democracy--are but too
evident and melancholy tokens of the imperfection of human wisdom.
Life, property, and character were at the hazard of a popular
election. These evils must have been long in progressive operation;
but perhaps they were scarcely visible till the fatal innovation of
Pericles, and the flagrant excesses that ensued allowed the people
themselves to listen to the branding and terrible satire upon the
popular judicature, which is still preserved to us in the comedy of
Aristophanes.
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