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4th century Legislation - Coggle Diagram
4th century Legislation
the revision of the laws, 410-399 BC
nothing suggests that any attempt had been made to revise the laws before the end of the fifth century, since the laws of Drakon and Solon
defeat of Athenians in Sicily (413) had led to oligarchic revolution (411), democracy was only restored in Spring 410
during this time, there were constitutional struggles: all agreed that the laws of Drakon and Solon were to be relied on, but there was a lack of information about the laws, as they had remained uncodified for c. 200 years
therefore one of the first decisions of the democrats in 410 was to set up a codification board, with the task of collecting and publishing the laws in force, first and foremost the laws of Drakon and Solon
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the completed code was inscribed on a wall of the Stoa Basileios, in the Agora
Andocides, on the Mysteries (399 BC)
"There was a revision of the laws, gentlemen, in obedience to this decree, and such as were approved were inscribed in the Portico" 1.85
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later, after the restoration of democracy in 403 the Athenians decided that the laws of Solon and Drakon should be in force until further notice, and should be revised and republished
the principles to govern the codification were cited in Andokides, On the Mysteries (see below)
includes: two legislative boards (nomothetai) were set up, one elected by the Boule, and one elected by the demes in their deme assemblies
the first board was entrusted with the collection and publication of all the laws to be considered, the second board had to 'test' the laws - after a hearing they voted whether or not a particular law should be accepted in the code
the laws passed by the nomethetai were to be once again written up on the wall in the Stoa Basileios
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on top of all this, there was also a codification of all the sacrifices the state had to carry out and pay for during the year - publication of a huge sacrificial calendar
After Andocides' speech
we hear no more of the wall in the Stoa Basileios, and when a speaker names his source for a law he refers either to a stele
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explained by the fact that the laws likely did not stay unchanged for many years after 400, and rewriting the laws on stone was too much, such that they were written on papyrus instead
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Nomothetai
whilst the epigraphical record comprises several hundred decrees passed by the Assembly, we have only seven laws passed by the Nomothetai
if a decision is called a 'law', it begins with the formula 'It was decided by the nomothetai'
whereas in all cases where the decision is called a 'decree', we see the formula 'it was decided by the people'
as such, nomoi are always passed by nomothetai
who were they?
Demosthenes 24 informs us that the nomothetai are to be taken from those who have sworn the Heliastic Oath - the same oath that jurors must take (therefore it is aka Dikast's Oath)
Timokrates in 354/3 BC passed a decree of the Assembly setting up a board of nomothetai - 1001 nomothetai should be chosen from those who swore the Heliastic oath, and the boule should assist the nomothetai
Nomothetai were therefore recruited from the panel of 6000 who had sworn the Heliastic Oath, as were the jurors in the court
in analogy with the court it may be supposed that the nomothetai were picked by lot for a given day from among those who presented themselves in the morning - therefore their number could vary (odd numbers used, such as 501)
nomothetai were paid for their services, probably at the same rate as the jurors (Demosthenes, 24.21)
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