The Athenian Amnesty and Reconstructing the Law

Abstract

Abstract The civil war at Athens came to a precarious conclusion in 403 bc with an agreement brokered by the Spartans. Thereafter the Athenians rebuilt their democracy and lived at peace with themselves for generations. This Athenian Amnesty is generally regarded as the model of political forgiveness or 'pardon and oblivion' embraced in later conflict resolution. This book presents a new interpretation of the Athenian Amnesty in its original setting and in view of the subsequent reconstruction of laws and democratic institutions. The book draws upon ancient historians and speechwriters together with the surviving inscriptions. The chapters begin with the evidence on the original agreement, the events that shaped it, and the ancient parallels that help us to understand it. The later chapters then proceed with a case history of the major trials that challenged and reinterpreted key elements of that amnesty agreement, including the trial of Socrates. These studies reveal the Athenian Amnesty as a contractual settlement between the warring parties, a bargain for peace and reconciliation. The oath 'not to recall wrong' was the closing to that contract, a pledge not to go back on the covenants that spelled out remedies and restrictions—not a promise to forgive and forget. The same contractual principle inspired major reforms of the restored democracy, barring litigation on settled claims and ensuring that new legislation not conflict with the constitutional framework that the Amnesty embraced.

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