Law and morality

Threat: will democracy become a blood fued? Will public become a terrorizing state? There is no official state in the way we recognize them today, there is no police to go to Everyone was basically defend themselves There is no crown prosecution Practice of law was initiated by the citizens If you wanted to invade another city, you would prose that in a court and try to get all the other families to join you Foreign policy, criminal law was decided in open courts

The system worked, only if the citizens brought these law suits and kept each other in line Since the average person is doing that, and there is no state, the laws were unwritten, the laws were on a stone on the side of the mountain Very traditional society (custom) No mean for profession training Small society

Trial: make a speech, make a speech, call witness, call witness, vote by jury No cross examination No standard of evidence Evidence: facts that both sides agree too Gossip was considered evidence back in the day Trial was very short If someone lied, you can bring them into another trial and sue them Since truth and facts didn’t matter so much, what did matter?

Character assessment: Athenians would vote down the “loser” and go against him, and vote for the stronger person Evaluating the better character, is more important (what is better for the city, the benefits the character has for the city) As a result of that crucial different, character and the facts become important, disputes are always going on, and not endless If you’re arguing with someone else and its decided by who is the better person, it doesn’t resolve the legal situation This motivated to keep going at other people who establish who has more power The law in the modern perspective, protects you from the abusive power (in theory) In ancient times, what protects me, Is not law, but how much power I have Power is based on honour (if people will vote for you in court) Topoi: topics, values that carry force that persuades people (means of persuasion) It anticipates morals judgement Norms of judgement in ancient Athens are: service to the city, the more honorable person who is best for the city, is the one who does not back down from a fight, and in fact in always willing to give as good as it gets, to retaliate There is nobility in revenge Who will defend Athens if Athens will be attacked? You need people who are warriors, people who have political power, need to be praised and promoted Raise kids up to be fighters for the city.

Society in which there is a lot of competition to be recognized as powerful Seeking revenge is honorable Retaliating is honorable If someone does not retaliate they are dishonorable Enmity: state of conflict, legal concept, dishonorable to back down from that feud. “help your friends, harm your enemy” If you’re a friend and you choose not to help your friend, then you are worse than an enemy Friendship is power If isolated, then you have no one to back you up If the law doesn’t protect, then you team up with other people in order to be protected Fist fights, brawls, no police people to step into stop fight (part of life) Bound by certain rules People can vote for these rules

Basic rule is that you don’t back down from a fair fight, and that you can fight only if that’s its for honor. If you choose someone who is weaker than you, you look like a bully. (crime of hubris) You want to find balance in the conflict, just enough conflict to keep eachother together, and keep eachother sharp If you’re a bully, that’s dishonorable Pick on someone your own size Disenfranchisement: outside the law, you are fair game, anyone can take you down Agon: Emulation: want people to have that desire for honor (ambition) Sophosyne: virtue, moderation Sycophancy: person who hides behind the law, to get private opportunity, someone who hides, does not get something by a fair fight, and tricks people.

Can’t make riches on his own, can’t win by convincing people Tyrant: someone who is invisible, working behind the scenes, to get some power, not using direct contact Hubrisitic avoid fair fights, because they are too strong, and they are bullies Hubris and sycophancy lack virtue Syco takes more honor than he deserves, so does hubris Virtue: someone who does their job well Vice: someone is vicious Jero-sum game: one person’s benefit is someones else disadvantage Hubristai: people who have hubris, characteristically young men of very wealthy families, excessively eager Envy: vice, avoiding a conflict with someone, and is not liking that the person has power, the envious act is to put people that are better than them down Piety: humility (faith) for the gods. Obligation you have to fight for your honour (god will take care of you) Sue = slander