The Athenian Democracy was such a tumultuary government as we can
scarce form a notion of in the present age of the world. The whole
collective body of the people voted in every law without any limitation
of property, without any distinction of rank, without control of any
magistracy or senate;[36] and consequently without regard to
order, justice, or prudence. The Athenians soon became sensible of the
mischiefs attending this constitution, but being averse to the checking
themselves by any rule or restriction, they resolved at least to check
their demagogues or counsellors by the fear of future punishment
and inquiry. They accordingly instituted this remarkable law, a law
esteemed so essential to their government that Æschines insists on
it as a known truth, that were it abolished or neglected it were
impossible for the Democracy to subsist.[37]
The people feared not any ill consequence to liberty from the authority
of the criminal courts, because these were nothing but very numerous
juries, chosen by lot from among the people; and they considered
themselves justly as in a state of perpetual pupilage, where they had
an authority, after they came to the use of reason, not only to retract
and control whatever had been determined, but to punish any guardian
for measures which they had embraced by his persuasion. The same law
had place in Thebes, and for the same reason.
It appears to have been a usual practice in Athens, on the
establishment of any law esteemed very useful or popular, to prohibit
for ever its abrogation and repeal. Thus the demagogue who diverted
all the public revenues to the support of shows and spectacles, made
it criminal so much as to move for a repeal of this law; thus Leptines
moved for a law, not only to recall all the immunities formerly
granted, but to deprive the people for the future of the power of
granting any more; thus all bills of attainder were forbid, or laws
that affected one Athenian without extending to the whole
commonwealth. These absurd clauses, by which the legislature vainly
attempted to bind itself for ever, proceeded from a universal sense of
the levity and inconstancy of the people.
Public-domain text, read in full here on John Shaqi.
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