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Reinstating Classical Athens: The Production of Public Order in an Ancient Community
Reinstating Classical Athens: The Production of Public Order in an Ancient Community

Author(s): Morris Silver
Subject(s): Law, Constitution, Jurisprudence
Published by: STS Science Centre Ltd
Keywords: Athens; monopoly; protection/punishment; public good; public slaves (demosioi); state/stateless.

Summary/Abstract: Scholars have argued that Athens was stateless. Specifically, it is has been asserted that residents in classical Athens relied predominantly on themselves and neighbors in resisting criminals who sought to forcefully take their property. This is rather a surprising proposition since Athens was a rather large and diverse city with a well articulated division of labor and occupational specialization. The present paper begins by advancing a functional definition of 'state' as an organization (firm) specializing in the production of protection from and punishment of criminals. Then the paper theorizes about the origin, division, and demise of states and applies this reasoning to Athens. This is followed by an examination of evidence, mainly speeches delivered by Attic orators for various public occasions, political meetings, and law-courts. These texts preserve many details concerning how Athens actually dealt with property crime. The main finding is that if, as been suggested by some scholars, Athens was a 'remarkably peaceful and well-ordered society' then the explanation lies not in an unusually peaceful outlook of its residents or in their reliance on self-help and social pressures to deter criminal activity, but in reliance on harsh penalties and the provision of enforcement resources by the Athenian state.

  • Issue Year: 6/2015
  • Issue No: 1
  • Page Range: 3-17
  • Page Count: 14