Page:History of Greece Vol V.djvu/425

 CHANGES AT ATHENS tJNDER PEmKLES. 401 As an organ for judicial purposes, the Athenian dikasteriea were thus a simple and plenary manifestation of jury-trial, with its inherent excellences and defects both brought out in exagger- ated relief: they insured a decision at once uncorrupt, public* minded, and imposing, — together with the best security which the case admitted against illegal violences on the part of the rich and great.i Their extreme publicity, as well as their simple and oral procedure, divested of that verbal and ceremonial technical- ity which marked the law of Rome, even at its outset, was no small benefit : and as the verdicts of the dikasts, even when wrong, depended upon causes of misjudgment common to them with the general body of the citizens, so they never appeared to pronounce unjustly, nor lost the confidence of their fellow-citizens generally. But whatever may have been their defects as judicial instruments, as a stimulus both to thought and speech, their ef- ficacy was unparalleled, in the circumstances of Athenian society. Doubtless, they would not have, produced the same effect if established at Thebes or Argos : the susceptibilities of the Athe- nian mind, as well as the previous practice and expansive ten- dencies of democratical citizenship, were also essential conditions, — and that genuine taste of sitting in judgment, and hearing both sides fairly, which, however Aristophanes may caricature and deride it, was alike honorable and useful to the people. The first establishment of the dikasteries is nearly coincident w4th the great improvement of Attic tragedy in passing from ^schylus to Sophokles. The same development of the national genius, now preparing splendid manifestations both in tragic and comic poetry, was called with redoubled force into the path of oratory, by the new judicial system. A certain power of speech now became necessary, not merely for those who intended to take a prominent part in politics, but also for private citizens to vindicate their rights, or repel accusations in a court of justice. It was an accomplishment of the greatest practical utility, even • Plato, in his Treatise de Legibus (vi, p. 768) adopts all the distinguish Ing principles of the Athenian dikasteries. He particularly insists, that th« citizen, who does not take his share in the exercise of this function, con' ceires himself to have no concern or interest in the commonwealth, — rb napaTcav r^f rro/lcwf ou fieroxoc elvai> TOL. V. 26oc.