The Polity of the Athenians and the LacedaemoniansXenophon
History
The Polity of the Athenians and the Lacedaemonians
Xenophon
Classical literature; Greece -- Politics and government -- Early works to 1800
So far so good. (13) "But," some one will say, "try the cases you
certainly must, but lessen the number of the judges." But if so, it
follows of necessity that unless the number of courts themselves are
diminished in number there will only be a few judges sitting in each
court, (14) with the further consequence that in dealing with so small
a body of judges it will be easier for a litigant to present an
invulnerable front (15) to the court, and to bribe (16) the whole body,
to the great detriment of justice. (17)
(13) See Grote, "H. G." v. 514, 520; Machiavelli, "Disc. s. Livio," i.
7.
(14) Reading with Sauppe, {anagke toinun, ean me} (for the vulgate
{ean men oliga k.t.l.}) {oliga poiontai dikasteria, oligoi en
ekasto esontai to dikasterio}. Or, adopting Weiske's emendation,
{ean men polla poiontai dikasteria k.t.l.} Translate, "Then, if by
so doing they manage to multiply the law courts, there will be
only a few judges sitting," etc.
(15) Or, as Liddell and Scott, "to prepare all his tricks."
(16) {sundekasoi}, "to bribe in the lump." This is Schneider's happy
emendation of the MS. {sundikasai}; see Demosthenes, 1137, 1.
(17) Reading {oste}, lit. "so as to get a far less just judgment."
But besides this we cannot escape the conclusion that the Athenians have
their festivals to keep, during which the courts cannot sit. (18) As
a matter of fact these festivals are twice as numerous as those of any
other people. But I will reckon them as merely equal to those of the
state which has the fewest.
(18) Lit. "it is not possible to give judgment"; or, "for juries to
sit."
This being so, I maintain that it is not possible for business affairs
at Athens to stand on any very different footing from the present,
except to some slight extent, by adding here and deducting there.
Any large modification is out of the question, short of damaging the
democracy itself. No doubt many expedients might be discovered for
improving the constitution, but if the problem be to discover some
adequate means of improving the constitution, while at the same time the
democracy is to remain intact, I say it is not easy to do this, except,
as I have just stated, to the extent of some trifling addition here or
deduction there.
Public-domain text, read in full here on John Shaqi.
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