Athenian democracy and legal change
By: SCHWARTZBERG, Melissa
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ArticlePublisher: New York : Cambridge University Press, May 2004American Political Science Review 98, 2, p. 311-326Abstract: The ancient Athenians regarded their ability to modify their laws as a fundamentally democratic trait; indeed, the faculty of "pragmatic innovation" was well know throughout the Greek world and was widely viewed as a key advantage that Athens had over its rival, Sparta. The Athenian commitment to legal change endured despite disastrous consequences at the end of the fifth century. In as apparent paradox, however, the Athenians also used "entrenchment clauses" to make certain laws immutable. Through analysis of entreched laws and decrees, it is shown that the innovativeness that made Athens enviable also made it a difficult ally; entrenchment enabled the Athenians to make its commitments more credible. Although today entrenchment is typically used to protect crucial constitutional provisions, such as rights, in the ancient world it served a strategic purpose.
The ancient Athenians regarded their ability to modify their laws as a fundamentally democratic trait; indeed, the faculty of "pragmatic innovation" was well know throughout the Greek world and was widely viewed as a key advantage that Athens had over its rival, Sparta. The Athenian commitment to legal change endured despite disastrous consequences at the end of the fifth century. In as apparent paradox, however, the Athenians also used "entrenchment clauses" to make certain laws immutable. Through analysis of entreched laws and decrees, it is shown that the innovativeness that made Athens enviable also made it a difficult ally; entrenchment enabled the Athenians to make its commitments more credible. Although today entrenchment is typically used to protect crucial constitutional provisions, such as rights, in the ancient world it served a strategic purpose.
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