Nomothetai

Nomothetai (νομοθέται, singular: νομοθέτης, nomothetēs, "lawgivers") were lawmaking panels in classical Athens that approved or repealed laws (nomoi). They were established after the restoration of democracy in 403 BCE to separate the passing by the citizen Assembly (Ekklesia) of temporary decrees from the making of permanent laws.[1][2][3]

They continued through the fourth century BCE but ended with the end of democracy after Athens lost its independence following the Lamian War (322 BCE).[4]

History

After the overthrow of the Thirty Tyrants, Athens in 403 BCE restored democracy. One change made was to introduce nomothetai to stop arbitrary legislation.[5] Before this reform, apart from decrees (psephisma) not being able to contradict existing laws (nomos),[6] little distinction existed between how they were passed.[2]

Inscriptions support this distinction: laws use the phrase dedokthai tois nomothetais ("resolved by the lawgivers"), while decrees read dedokthai tōi dēmōi ("resolved by the people").[7]

Membership

According to Mogens H. Hansen, the nomothetai were selected from the 6,000 sworn jurors (dikastai) who took the Heliastic Oath.[8][6] Passages in Against Timocrates (24.20–23) refer to "those who have sworn the Heliastic Oath," suggesting the nomothetai acted as a legislative court.[9] Other scholars, suggest, however, that the nomothetai were a special meeting of the citizen Assembly convened for lawmaking.[10] Aeschines (Against Ctesiphon 3.39) describes the prytaneis summoning the Assembly "as nomothetai," implying that the same citizens could act as lawgivers under different procedures.[11] More recently, the idea they were jurors has been reaffirmed.[12]

The nomothetai were presided over by proedroi (chairmen) and an epistates (president).[13] They voted by show of hands (cheirotonia), unlike jury courts, which used secret ballots.[7]

Lawmaking process

Reconstructing the procedure of nomothesia—the making or repeal of laws—is difficult, since Demosthenes' speeches dealing with them have been identified to include later additions.[14] However, other court speeches and political orations suggest the process had the following stages:[5][3]

  • The Assembly voted on whether new laws were needed (diacheirotonia).
  • Approved proposals were displayed publicly on whitened boards (leukomata) in the Agora, near the Monument of the Eponymous Heroes (Against Leptines 20.94).[15]
  • The proposals were read aloud and discussed in later meetings.
  • At the third Assembly, the nomothetai were appointed.
  • Advocates (synegoroi) were chosen to defend existing laws proposed for repeal (Against Timocrates 24.36).[16]
  • Any conflicting laws had to be repealed before new ones could take effect (Against Leptines 20.93).[17]

Inspection law

According to Aeschines (Against Ctesiphon 3.38–40), an annual "Inspection Law" required the Thesmothetai (junior archons) to check existing laws for contradictions. If inconsistencies were found, the prytaneis convened the Assembly as nomothetai to decide which law should remain in force.[18][10]

Judicial review

Laws passed by the nomothetai could be challenged in court through a graphē nomōn mē epitēdeion theinai ("indictment against an inexpedient law").[2][5] If the challenge succeeded, the law was annulled and the proposer could face fines, loss of civic rights (atimia), or other penalties.[19][20]

After 403 BCE, this review applied to laws, while decrees remained subject to the older graphē paranomōn ("indictment for an illegal proposal").[2]

Laws concerning individuals

When a proposed law applied to a specific person (nomos ep' andri), such as a grant of citizenship, the Assembly first had to approve it by secret ballot with at least 6,000 votes before referring it to the nomothetai.[8]

Hellenistic period

The nomothetai disappeared after Athens' defeat in the Lamian War (322 BCE). Under the oligarchic regime of Demetrius of Phalerum (317–307 BCE), legislative review was handled by officials known as nomophylakes ("guardians of the laws"), who examined proposals before debate.[4] The nomothetai briefly reappeared after democracy was restored in 307 BCE but are not mentioned after the early third century BCE.[4]

See also

References

  1. ^ MacDowell, D. M. (1975). "Law-Making at Athens in the Fourth Century B.C.". The Journal of Hellenic Studies. 95: 62–74. doi:10.2307/629166. JSTOR 629166.
  2. ^ a b c d Hansen, Mogens Herman (1978). "Nomos and Psephisma in Fourth-Century Athens". Greek, Roman and Byzantine Studies. 19 (4): 315–330.
  3. ^ a b Canevaro, Mirko (2015). "Making and Changing Laws in Ancient Athens". In Harris, Edward M.; Canevaro, Mirko (eds.). The Oxford Handbook of Ancient Greek Law. Oxford University Press. ISBN 9780191751011.
  4. ^ a b c Canevaro, Mirko (2013). "The Twilight of Nomothesia: Legislation in Early-Hellenistic Athens (322-301)". Dike: 55–85. doi:10.13130/1128-8221/2844.
  5. ^ a b c Canevaro, Mirko (2013). "Nomothesia in Classical Athens: What Sources Should We Believe?". The Classical Quarterly. 63 (1): 139–160. doi:10.1017/S0009838812000560. JSTOR 23470079.
  6. ^ a b Hansen, Mogens Herman (1999). "The Laws and the Nomothetai". Athenian Democracy in the Age of Demosthenes: Structure, Principles, and Ideology. University of Oklahoma Press. pp. 161–177. ISBN 9780806131436.
  7. ^ a b Rhodes, P. J. (2003). "Sessions of Nomothetai in Fourth-Century Athens". The Classical Quarterly. 53 (1): 124–129. doi:10.1093/cq/53.1.124. JSTOR 3556484.
  8. ^ a b Hansen, Mogens Herman (1985). "Athenian Nomothesia". Greek, Roman, and Byzantine Studies. 26 (4): 345–371.
  9. ^ Demosthenes. "Against Timocrates 24.20–23". Perseus Digital Library. Translated by J. H. Vince.
  10. ^ a b Canevaro, Mirko; Esu, Alberto (2023). "Once Again on Aristotle and the Identity of the Athenian Nomothetai: A Response to Gertrud Dietze-Mager". Erga-Logoi. 11 (1): 7–28. doi:10.7358/erga-2023-001-caes.
  11. ^ Aeschines. "Against Ctesiphon 3.39". Perseus Digital Library. Translated by C. D. Adams.
  12. ^ Cammack, Daniela (2022). "The Popular Courts in Athenian Democracy". The Journal of Politics. 84 (4): 1997–2010. doi:10.1086/719417.
  13. ^ Hansen, Mogens Herman (1978). "οἱ πρόεδροι τῶν νομοθετῶν. A Note on IG II² 222, 41-52". Zeitschrift für Papyrologie und Epigraphik. 30: 151–157. JSTOR 20181608.
  14. ^ Canevaro, Mirko (2018). "The Authenticity of the Document at Demosth. or. 24.20–3, the Procedures of nomothesia and the so-called ἐπιχɛιροτονία τῶν νόμων". Klio. 100 (1): 70–124. doi:10.1515/klio-2018-0003.
  15. ^ Demosthenes. "Against Leptines 20.94". Perseus Digital Library. Translated by J. H. Vince.
  16. ^ Demosthenes. "Against Timocrates 24.36". Perseus Digital Library. Translated by J. H. Vince.
  17. ^ Demosthenes. "Against Leptines 20.93". Perseus Digital Library. Translated by J. H. Vince.
  18. ^ Aeschines. "Against Ctesiphon 3.38–40". Perseus Digital Library. Translated by C. D. Adams.
  19. ^ Wolff, Hans Julius (1970). Normenkontrolle und Gesetzesbegriff in der athenischen Demokratie: Untersuchungen zur Graphe Paranomon [Judicial Review and the Concept of Law in the Athenian Democracy: Studies on the graphē paranomōn] (in German). Heidelberg: C. F. Müller.
  20. ^ Hansen, Mogens Herman (1974). The Sovereignty of the People's Court in the Fourth Century B.C. and the Public Action Against Unconstitutional Proposals. Odense University Press.

Further reading

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