Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-n9wrp Total loading time: 0 Render date: 2024-07-20T10:54:10.091Z Has data issue: false hasContentIssue false

3 - Antigone the Lawyer, or the Ambiguities of Nomos

Published online by Cambridge University Press:  25 February 2010

Edward M. Harris
Affiliation:
University of Durham
Get access

Summary

the athenians believed that of all three forms of government only democracy measured up to the ideal of the rule of law. Aeschines (1.4–6) says that what distinguishes democracy from oligarchy and tyranny is that the Athenian type of government is ruled by the established laws, whereas the latter two are ruled by the whim of those in power. In a democracy the bodies of all citizens are protected by the laws, whereas the tyrant and the oligarch rely on suspicion and armed guards to protect only themselves. Theseus in Euripides' Supplices (429–37) denounces tyranny because under that type of regime the law is in the hands of one man who rules by himself. Under democracy written laws are the common possession of all citizens and enable the weak to have equal justice with the rich. Not only did democracy promote the rule of law, but the rule of law also kept the democracy strong and safe. Demosthenes (25.21) holds that next to the gods the laws are responsible for protecting Athens. Aeschines (3.6) states that when the Athenians observe the laws, the democracy is kept safe. Conversely, when men lost respect for the rule of law, the democracy was threatened. According to Aeschines (1.179), when the courts allow themselves to be distracted by irrelevant charges, the laws are ignored, and the democracy is undermined.

The ideal of the rule of law figures prominently in funeral orations delivered at Athens for those who died fighting for the community. Pericles in the Funeral Oration given to him by Thucydides (2.37.3) boasts that the Athenians obey both those placed in positions of power and the laws.

Type
Chapter
Information
Democracy and the Rule of Law in Classical Athens
Essays on Law, Society, and Politics
, pp. 41 - 80
Publisher: Cambridge University Press
Print publication year: 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×