The Ancestral Laws of Cleisthenes

Classical Quarterly 33 (02):84- (1939)
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Abstract

When Pythodorus in 411 B.C. moved in the Athenian Assembly his decree that Commissioners should be elected to draft measures for the security of the State, Cleitophon added a rider instructing the Commissioners προσαναξητσαι κα τος πατρονς νμονς ος κλειδθνης θηκεν τε καθδτη τν δημοκραταν, πως ν κοσαντες κα τοτων βολεσωντααι τ ριστον. The instruction appears to have struck Aristotle as paradoxical and inept, for he has appended an explanation of Cleitophon's reasons which is also a criticism: ς ο δημοτικν λλ παραπλησαν οσαν τν Kλεισθνους πολιτεαν τ Σλωνος. Indeed one would never imagine that the constitution of Cleisthenes as described by Aristotle could have been seriously suggested as a model or a repertory of precedents for legislators intent, like Cleitophon's friends, on restoring the πτριος πολιτεα, which it obviously disestablished; and the conjunction of τοĐς πατρουσ with τε καθστη τν δημοκραταν might seem to make the proposal a challenge or a mockery. Aristotle had already given his opinion that by Cleisthenes' innovations δημοτικωτρα πολĐ τς Σλωνος γνετο πολιτεα He recognized democratic features in Solon's laws, but they lay in the redress of social wrongs or in the method of administering justice rather than in the organization of the government; he regarded Solon's political changes, not as the establishment of democracy proper, but as a reform, conservative rather than revolutionary, of existent institutions. His comment on the rider implies that he would not have corrected Cleitophon if he had referred the Commissioners to Solon's ancestral laws, but to refer them to Cleisthenes' must, he thought, be ignorance, irony, or idiosyncrasy

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