From the verdict of the heliaea there was no appeal. But, if judgment
had been given by default, the person condemned might bring an action to
prove that he was not responsible for such default, [Greek: ten eremon]
(_sc._ [Greek: diken]) [Greek: antilanchanein]. The corresponding term
for challenging the award of an arbitrator was [Greek: ten me ousan
antilanchanein]. He might also bring an action for false evidence
([Greek: dike pseudomartyrion]) against his opponent's witnesses, and,
on their conviction, have the sentence annulled. This "denunciation" of
false evidence was technically called [Greek: episkepsis] and [Greek:
episkeptesthai].
Character of the Athenian tribunals.
The large number of the jurors made bribery difficult, but, as was first
proved by Anytus (in 409), not impossible. It also diminished the
feeling of personal responsibility, while it increased the influence of
political motives. In addressing such a court, the litigants were not
above appealing to the personal interests of the general public. We have
a striking example of this in the terms in which Lysias makes one of his
clients close a speech in prosecution of certain retail corn-dealers who
have incurred the penalty of death by buying more than 75 bushels of
wheat at one time: "If you _condemn_ these persons, you will be doing
what is right, and will pay _less_ for the purchase of your corn; if you
_acquit_ them, you will pay _more_" (xxii. S 22).
Speakers were also tempted to take advantage of the popular ignorance by
misinterpreting the enactments of the law, and the jurors could look for
no aid from the officials who formally presided over the courts. The
latter were not necessarily experts, for they owed their own original
appointment to the caprice of the lot. Almost the only officials
specially elected as experts were the strategi, and these presided only
in their own courts. Again, there was every temptation for the informer
to propose the confiscation of the property of a wealthy citizen, who
would naturally prefer paying blackmail to running the risk of having
his case tried before a large tribunal which was under every temptation
to decide in the interests of the treasury. In conclusion we may quote
the opinions on the judicial system of Athens which have been expressed
by two eminent classical scholars and English lawyers.
Public-domain text, read in full here on John Shaqi.
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