Nomothesiain fourth-century Athens

Abstract

There have been two recent attempts to disentangle the evidence for the procedures in fourth-century Athens for the enactment and revision ofnomoi, by D. M. MacDowell and by M. H. Hansen. I have learned from both, but think that further progress can be made. MacDowell distinguishes five separate measures: (b) The Old Legislation Law, requiring action at a specified time, advance publicity for the new proposal, concurrent repeal of any existing law with which the new proposal conflicts, and a decision by nomothetae who areomomokotes, men who have sworn the dicastic oath : this is described as aπαλαι⋯ς νόμος, and as the lawκαθ' ὃν ἦσαν οἱ πρότεροι νομοθέαι. (c) Replacing thatc. 370, the New Legislation Law, no longer requiring action at a specified time, advance publicity, concurrent repeal, or that the nomothetae should beomomokotes: as a result of the change conflicting laws have been enacted, and for some time continuing to the mid 350s commissioners have had to be elected to sort out the conflicts. (d) Still valid in the 350s, the Review Law, requiring an annualepicheirotoniaof the laws in four subject divisions in the assembly on 11 Hecatombaeon (i), advance publicity for new proposals, and at the third assembly after 11 Hecatombaeon the appointment of nomothetae who areomomokotesto decide between the existing laws and the new proposals.

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