Courts Athenian democracy



water clock in ancient agora of athens.


the cases put litigants in form of exchange of single speeches timed water clock or clepsydra, first prosecutor defendant. in public suit litigants each had 3 hours speak, less in private suits (though here in proportion amount of money @ stake). decisions made voting without time set aside deliberation. jurors did talk informally amongst during voting procedure , juries rowdy, shouting out disapproval or disbelief of things said litigants. may have had role in building consensus. jury cast yes or no vote guilt , sentence of defendant. private suits victims or families prosecute, while public suits (ho boulomenos, whoever wants i.e. citizen full citizen rights) bring case since issues in these major suits regarded affecting community whole.


justice rapid: case last no longer 1 day , completed sunset . convictions triggered automatic penalty, not case 2 litigants each proposed penalty convicted defendant , jury chose between them in further vote. no appeal possible. there mechanism prosecuting witnesses of successful prosecutor, appears lead undoing of earlier verdict.


payment jurors introduced around 462 bc , ascribed pericles, feature described aristotle fundamental radical democracy (politics 1294a37). pay raised 2 3 obols cleon in peloponnesian war , there stayed; original amount not known. notably, introduced more fifty years before payment attendance @ assembly meetings. running courts 1 of major expenses of athenian state , there moments of financial crisis in 4th century when courts, @ least private suits, had suspended.


the system showed marked anti-professionalism. no judges presided on courts nor did give legal direction jurors; magistrates had administrative function , laymen. of annual magistracies @ athens held once in lifetime. there no lawyers such; litigants acted solely in capacity citizens. whatever professionalism there tended disguise itself; possible pay services of speechwriter or logographer (logographos), may not have been advertised in court. jurors more impressed if seemed though litigant speaking themselves.








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