Ancient Society and History MATTHEW R. CHRIST The Litigious Athenian The Johns Hopkins University Press Baltimore and London © 1998 The Johns Hopkins University Press All rights reserved. Published 1998 Printed in the United States of America on acid-free paper 9 8 7 6 5 4 3 2 1 The Johns Hopkins University Press 2715 North Charles Street Baltimore, Maryland 21218-4363 The Johns Hopkins Press Ltd., London www.press.jhu.edu Library of Congress Cataloging-in-Publication Data will be found at the end of this book A catalog record for this book is available from the British Library ISBN 0-8018-5863-1 To Robert I. Christ, 1927-1995 Contents Acknowledgments 1x Abbreviations x1 Introduction Litigiousness, Ancient and Modem 1 One Litigation in Democratic Athens 14 Two The Invention of Sykophancy: Idea and Ideology 48 Three Litigation and Class Conflict 72 Four Public Suits and Volunteer Prosecutors 118 Five Private Quarrels and Public Disputes: Quarrelsomeness and Community Ideals 160 Contents Six Beyond the Letter of the Law 193 Conclusion 225 Notes 229 Select Bibliography 2 77 Index of Ancient Citations 297 General Index 308 viii Acknowledgments A fellowship from the American Council of Learned Societies and a research grant from Indiana University in 1994-95 made it pos sible for me to do much of the work for this book. While on leave in Washington, D.C., during that year, I benefited from access to the library at the Center for Hellenic Studies, and appreciated the hos pitality of the Center's directors, Kurt Raaflaub and Deborah Boedeker; Raymond and Dorothy Goodman generously provided me with a peaceful garret and an endless supply of coffee. I am grateful to my colleagues, Cynthia Bannon, James Franklin, Wil liam Hansen, and Eleanor Leach, for their kindness and support; to Adele Scafuro for sharing with me the proofs of her forthcoming book; and to Douglas Armato and Brian MacDonald at the Johns Hopkins University Press. I wish to extend special thanks to Ed ward Harris, Steven Johnstone, S. Douglas Olson, and the press's anonymous reader for their helpful criticisms of earlier versions of this manuscript. I am deeply indebted to Sophia Goodman for her support and patience. Abbreviations Abbreviated references to ancient authors and works are based primarily on those used in the ninth edition of A Greek-English Lexicon,e dited by H. G. Liddell, R. Scott, and H. S. Jones (Oxford, 1940). In citing orations, I use the enumeration found in the Loeb editions; Ober ([1989] 341-48) provides a convenient catalog that lists and dates the extant orations. Where the attribution of an oration to an author has been challenged, I do not bracket the author's name. Unless otherwise noted, citations of comic frag ments are from Poetae Comici Graeci, edited by R. Kassel and C. Austin (Berlin, 1983-95). Abbreviations of periodicals cited in the bibliography follow the system of fAnnee philologiqueT. ranslations are adapted from the Loeb editions for most authors, and from Sommerstein's editions for Aristophanes.