e-journal
SOCIAL NORMS IN THE COURTS OF ANCIENT ATHENS
ABSTRACT
Ancient Athens was a remarkably peaceful and well-ordered society by both ancient
and contemporary standards. Scholars typically attribute Athens’ success to
internalized norms and purely informal enforcement mechanisms. This article argues
that the formal Athenian court system played a vital role in maintaining order
by enforcing informal norms. This peculiar approach to norm enforcement compensated
for apparent weaknesses in the state system of coercion. It mitigated
the effects of under-enforcement in a private prosecution system by encouraging
litigants to uncover and punish their opponents’ past violations. Court enforcement
of extra-statutory norms also permitted the Athenians to enforce a variety
of social norms while maintaining the fictions of voluntary devotion to military and
public service and of limited state interference in private conduct.
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