The Rule Of Law In Action In Athens In The Early 4th Century BC

In 400 or 399 B.C.,a legal case of impiety against Andocides was held in Athens,nearly at the same time as the trial of Socrates.The case originated from two scandals that took place sixteen years ago before Athens’ Sicilian expedition in 415: one is the destruction of the statues of Hermes scattered throughout the polis,and the other is the parody of the Eleusinian Mysteries by many prominent citizens in their private houses.An alleged participant,Andocides was partly disenfranchised(atimos)and went into voluntary exile for over ten years.Following the Athenian reconciliation agreement in 403,he returned.His active participation in public affairs made him enemy of many Athenians.A group of people led by Cephisius,therefore,charged him for violating the decree of Isotimides.Eventually,Andocides won the lawsuit.It is widely believed that both the litigants and the dicasts acted in accordance with the basic principles of the rule of law,notably by applying laws strictly,voting fairly,and attempting to achieve consistency.Based on existing research results,especially on Edward Harris’ s analysis of the rule of law in action in Athens,this thesis examines the context of the case,and then studies the effect of the rule of law in Athens in the extant two judicial speeches(i.e.,the Lysianic Against Andocides and Andocides’ On the Mysteries).The accusations as transmitted in the two speeches will be analyzed in comparison with each other.The first part of the thesis introduces the context of the case of impiety against Andocides,including its origin,historical background and the two opposing parties.In the second part,I focus discussing the four principal arguments in the two speeches of the plaintiff and the defendant respectively.The third part examines to what extent the Athenian court voted fairly and applied laws to achieve consistency.In the concluding part,the historical significance of the case will be evaluated.I argue that the trial of Andocides reflects the rule of law in democratic Athens and is comparable to the trial of Socrates.In particular,the victory of Andocides may help correct the rather negative views of the Athenian rule of law in action in the aftermath of the Peloponnesian War.