Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
Notwithstanding the signal and loyal services of this patriotic citizen
in the war with the Persians and his long service as a magistrate, when
Themistocles finally erected his temple of Diana of Best Counsel, with
himself represented by a figure in the temple, the Athenians also became
envious of him and made use of the law providing for the recall and
ostracism in order to humble his eminence and authority, as they usually
did with all those whom they believed to have grown too powerful, for
the equality deemed requisite in a popular government, for, as said by
Plutarch:
“The ostracism was instituted not so much to punish the
offender, as to mitigate and pacify the violence of the
envious, who delighted to humble eminent men, and who, by
fixing this disgrace upon them, might vent some part of their
rancor.”[25]
According to Aristotle, the law providing for the recall or ostracism of
public officials, by popular vote, in Athens, soon became mischievous,
for:
“Men did not look to the interests of the community, but used
ostracism for party purposes.”[26]
The last person against whom this old law was enforced at Athens, was
Hyperbolus, a demagogue of low birth and mean habits; the Athenians
considered that in applying this law to such a person, their own dignity
had been compromised, so the law providing for ostracism or recall, by
popular vote, in Athens, was discontinued.[27]
The law providing for the recall or ostracism of public officers, by
popular vote, known as “Petalism” among the Syracusans, was borrowed from
the Athenian law of ostracism. This species of recall, took its name from
the petals or leaves of the olive, on which was written the name of the
person whom the citizens voted to recall.[28]
Under the law of the Syracusans, known as “petalism,” the removed officer
or judge was banished for a period of five years only, as this was
considered a sufficient length of time to humble the pride and destroy
the hope of the degraded one.
Historians tell us, however, that this law of recall known as “petalism,”
by which the Syracusans voted to recall their distinguished men, by
writing their names upon the corolla, or leaf-part of the olive, did
not long continue in effect, since the fear of this “degradation or
humbling,” deterred the best qualified among the citizens from taking
any part in public affairs, and the degeneracy and bad government which
resulted from the selection of only the lowest types of demagogues for
public officers, led to the repeal of the law, B. C. 452.[29]
Public-domain text, read in full here on John Shaqi.
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