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By Martin Ostwald

Studying the "democratic" gains and associations of the Athenian democracy within the 5th century B.C., Martin Ostwald strains their improvement from Solon's judicial reforms to the flowering of well known sovereignty, whilst the folk assumed the suitable either to enact all laws and to carry magistrates liable for enforcing what have been enacted.

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Extra resources for From Popular Sovereignty to the Sovereignty of Law: Law, Society, and Politics in Fifth-Century Athens

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The image of the two anchors in Plut. Sol . 1-2. See also n. 49 above. [176] ― 48 ― indications other than the establishment of dikasteria that can help us date the beginning of the institution of a general dokimasia . As we hope to show, both the dikasteria as jury panels representing the demos as a whole and the dokimasia of all officials not scrutinized by the Council are likely to have been instituted by or as an immediate consequence of the reforms of Ephialtes. The development of the Athenian jury system is important not only for our understanding of the origin of a general dokimasia .

With a fixed number of thirty, which was increased to forty after the fall of the Thirty Tyrants, [229] we hear of no role they ever played in any part of the conduct of euthynai in the fifth century. 43). It seems, then, that the procedural distinction between public and private complaints received by the euthynoi in the fourth century did not obtain in the fifth. The probability that the fourth-century euthynoi were chosen by and from members of the Council[230] suggests that they constituted a commission of the Council even in the fifth century.

Moreover, if we are correct in believing that any offenses uncovered in the course of the accounting would automatically be regarded as a crime against the state, Ephialtes may have bypassed a hearing before the euthynoi and have made the demos the court of first instance, since referral to it would have been a foregone conclusion. An alternative—namely, that the thesmothetai, who in the fourth century introduced the euthynai of generals into the jury courts (Arist. Pol . 2), were entrusted with that function either alone or with reference to the heliaia from [286] ― 73 ― the beginning of the strategia on—is less likely since we know of no case in Athens in which archons were ever charged with the conduct of euthynai .

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