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Athenian Democracy and Legal Change

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  • SCHWARTZBERG, MELISSA

Abstract

The ancient Athenians regarded their ability to modify their laws as a fundamentally democratic trait; indeed, the faculty of “pragmatic innovation” was well known throughout the Greek world and was widely viewed as a key advantage that Athens had over its rival, Sparta. The Athenian commitment to legal change endured despite disastrous consequences at the end of the fifth century, a comprehensive revision of the laws, and the complication of legal procedure in the fourth century. In an apparent paradox, however, the Athenians also used “entrenchment clauses” to make certain laws immutable. Through analysis of entrenched laws and decrees, it is shown that the innovativeness that made Athens enviable also made it a difficult ally; entrenchment enabled the Athenians to make its commitments more credible. Although today entrenchment is typically used to protect crucial constitutional provisions, such as rights, in the ancient world it served a strategic purpose.

Suggested Citation

  • Schwartzberg, Melissa, 2004. "Athenian Democracy and Legal Change," American Political Science Review, Cambridge University Press, vol. 98(2), pages 311-325, May.
    • Handle: RePEc:cup:apsrev:v:98:y:2004:i:02:p:311-325_00
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    Cited by:

    1. Anastassios Karayiannis & Aristides Hatzis, 2012. "Morality, social norms and the rule of law as transaction cost-saving devices: the case of ancient Athens," European Journal of Law and Economics, Springer, vol. 33(3), pages 621-643, June.
    2. Lyttkens, Carl Hampus & Tridimas, George & Lindgren, Anna, 2017. "Making Direct Democracy Work. An economic perspective on the graphe paranomon in ancient Athens," Working Papers 2017:10, Lund University, Department of Economics.
    3. Robert K. Fleck & F. Andrew Hanssen, 2018. "Path dependence and transitions from tyranny to democracy: evidence from ancient Greece," Constitutional Political Economy, Springer, vol. 29(4), pages 371-388, December.
    4. Carl Hampus Lyttkens & George Tridimas & Anna Lindgren, 2018. "Making direct democracy work: a rational-actor perspective on the graphe paranomon in ancient Athens," Constitutional Political Economy, Springer, vol. 29(4), pages 389-412, December.

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