Four Years of Presidential Memories: Old Ideas for New Problems, Ancient Government Institutions Today

Some time ago, in a moment of political frustration, I tweeted the following poll, soliciting which ancient political institution people would want to return to practice today.

The winner was ostracism by far, but I think that this is in part because my options weren’t great. Here are better suggestions made by others.

Apoklêrosis/sortition: : This is the ultimate anti-oligarchic and anti-plutocratic move from ancient Athens, to select by klêros officers and representatives from a larger predetermined list. The Athenian Council of 500 was selected by lot as early as the Peloponnesian War (Thuc. 8.69.4). Imagine if we selected 100 senators in each state and then reduced that number to 2 by drawing lots! We could have an NBA draft style show.

Drawbacks: Political chaos before and after the drawing of lots. Positives: Wild entertainment, dilution of power of money in politics.

Antidosis: The antidosis goes hand-in-hand with the leitourgia (or liturgy) which was the practice of having the wealthiest members of the state (voluntarily) pay for public works (buildings and even military expenses like triremes). Imagine how proud our wealthiest classes could be to put their own names on stealth bombers!

The antidosis is used if someone has a public obligation to make but cannot do so or wants to avoid it by pointing out that there is someone richer who should pay for it. Need a new bridge? Let’s take our wealthy to court and make them pay for it! I think that the suggestion also had taxes in general in mind. Imagine if individual citizens could sue other citizens (and corporations) for not paying enough in taxes….

Drawbacks: The wealthy might use this as a tool to attack one another. Positives: See negatives.

Dual Consulship: Rome somehow survived with two consuls elected annually. They held power in alternating months and, when they were done with service, went off to serve in the provinces (but not all the time). The Consulship was, from some perspective, a novel solution to the concentration of power in the hands of the monarch. But some have seen it as a destabilizing institution.

Imagine if we had new chief executives every year and how it might be if they alternated in their duties from month to month? True. it might yield a type of stability through detente. But it might also be pure insanity.

Drawbacks: Nonstop, annual campaigning for office. Positives: Diluted executive power, increased range of executive officers.

Hostage-taking: I am not sure if this option is serious or not. Hostages (obses) were often taken in ancient Greece and Rome as part of treaties with other nations or subordinate states. There were meant to guarantee fidelity to agreements. I am not quite sure how this would work internally in a single state.

Drawbacks: Using violence against captive human beings as a threat to ensure good behavior of foreign actors is beneath our moral values…..Positives: See Drawbacks.

Collegial Magistracies with VetoRoman magistrates could impose a veto on the actions of an equal or lesser magistrate’s actions. This would not help with the executive power in the US or UK at the top, but it might help with the actions of executive appointees. More interesting, if we are considering vetoes, would be the creation of a Tribune of the Plebs with full veto power.

Drawbacks: Wild cross-checking among elected and appointed officials might make government action less efficient. Positives: Transparency and accountability?

Euthuna: (often spelled Euthyna). This is a “straightening” of accounts after someone has served in office. It was used in part require elected officials to provide financial accountability for their time in office, but questions of conduct and decision making could be introduced as well. The idea of reinstituting this, I think, would be that modern officials would be more restrained in expenditures and conduct if they knew they would be audited after a term. Of course, in ancient Athens there was a board of investigators. Given human corruptibility, the euthuna might be as useful as ethics investigations in the US House of Representatives.

Drawbacks: Constant accounting from elected and appointed officials might make government action less efficient. Positives: Transparency and accountability?

Here’s another one:

Lawsuit Penalties: In Athens, if you failed to secure a portion of votes for conviction in a losing trial, then you would have to pay a penalty for a frivolous lawsuit. In our modern age, corporations and the wealthy can sue weaker parties into submission even if they continually lose their lawsuits because of legal costs (money as well as time).

https://twitter.com/kataplexis/status/1024059002811031552

https://twitter.com/diyclassics/status/1023995433612390400

https://twitter.com/CorpusCynicum/status/1023993235658760195

Rhodes, Peter J. (Durham), Ameling, Walter (Jena), Kierdorf, Wilhelm (Cologne), Nollé, Johannes (Munich), and Heimgartner, Martin (Halle). ‘Lot, Election by’. Brill’s New Pauly. Ed. Hubert Cancik and et al. Brill Reference Online

Image result for ostraca pictures

Still Enslaved, on A Technicality

Pliny, Letters 4.10

To My Friend Statius Sabinus,

You were describing to me that Sabina, when she designated us as heirs, did not explain that her slave Modestus should be freed, but still left him a legacy by saying, “to Modestus whom I ordered to be freed”. You ask to hear what I think. I have talked to people who are experienced in the law. It is agreed by all of them that he is not owed freedom since she did not give it nor the legacy because she gave it to him when he was a slave.

But this seems to be a clear error to me and I think that we would act as if she had written it out because she believe that she wrote it. I have faith that you will agree with my take on this, since you are customarily sedulously in carrying out the will of those who have passed away—it should be understood by good heirs as if it were the law. Respect puts no less a demand on us as law does for others. Therefore, let Modestus enjoy his freedom with our approval and receive the legacy as if Sabina had cared for everything with utmost precision. Truly, she did care, since she chose her heirs well! Goodbye!”

C. Plinius Statio Sabino Suo S.
Scribis mihi Sabinam, quae nos reliquit heredes, Modestum servum suum nusquam liberum esse iussisse, eidem tamen sic adscripsisse legatum: “Modesto quem liberum esse iussi.” Quaeris quid sentiam. Contuli cum peritis iuris. Convenit inter omnes nec libertatem deberi quia non sit data, nec legatum quia servo suo dederit. Sed mihi manifestus error videtur, ideoque puto nobis quasi scripserit Sabina faciendum, quod ipsa scripsisse se credidit. Confido accessurum te sententiae meae, cum religiosissime soleas custodire defunctorum voluntatem, quam bonis heredibus intellexisse pro iure est. Neque enim minus apud nos honestas quam apud alios necessitas valet. Moretur ergo in libertate sinentibus nobis, fruatur legato quasi omnia diligentissime caverit. Cavit enim, quae heredes bene elegit. Vale.

File:Roman slave shackles.jpg
Roman Slave Shackles

Old Ideas for New Problems: Ancient Government Institutions Today (Vote!)

Earlier in the year, in a moment of political frustration, I tweeted the following poll, soliciting which ancient political institution people would want to return to practice today.

The winner was ostracism by far, but I think that this is in part because my options weren’t great. Here are better suggestions made by others.

 

Apoklêrosis/sortition: : This is the ultimate anti-oligarchic and anti-plutocratic move from ancient Athens, to select by klêros officers and representatives from a larger predetermined list. The Athenian Council of 500 was selected by lot as early as the Peloponnesian War (Thuc. 8.69.4). Imagine if we selected 100 senators in each state and then reduced that number to 2 by drawing lots! We could have an NBA draft style show.

Drawbacks: Political chaos before and after the drawing of lots. Positives: Wild entertainment, dilution of power of money in politics.

Antidosis: The antidosis goes hand-in-hand with the leitourgia (or liturgy) which was the practice of having the wealthiest members of the state (voluntarily) pay for public works (buildings and even military expenses like triremes). Imagine how proud our wealthiest classes could be to put their own names on stealth bombers!

The antidosis is used if someone has a public obligation to make but cannot do so or wants to avoid it by pointing out that there is someone richer who should pay for it. Need a new bridge? Let’s take our wealthy to court and make them pay for it! I think that the suggestion also had taxes in general in mind. Imagine if individual citizens could sue other citizens (and corporations) for not paying enough in taxes….

Drawbacks: The wealthy might use this as a tool to attack one another. Positives: See negatives.

Dual Consulship: Rome somehow survived with two consuls elected annually. They held power in alternating months and, when they were done with service, went off to serve in the provinces (but not all the time). The Consulship was, from some perspective, a novel solution to the concentration of power in the hands of the monarch. But some have seen it as a destabilizing institution.

Imagine if we had new chief executives every year and how it might be if they alternated in their duties from month to month? True. it might yield a type of stability through detente. But it might also be pure insanity.

Drawbacks: Nonstop, annual campaigning for office. Positives: Diluted executive power, increased range of executive officers.

Hostage-taking: I am not sure if this option is serious or not. Hostages (obses) were often taken in ancient Greece and Rome as part of treaties with other nations or subordinate states. There were meant to guarantee fidelity to agreements. I am not quite sure how this would work internally in a single state.

Drawbacks: Using violence against captive human beings as a threat to ensure good behavior of foreign actors is beneath our moral values…..Positives: See Drawbacks.

Collegial Magistracies with VetoRoman magistrates could impose a veto on the actions of an equal or lesser magistrate’s actions. This would not help with the executive power in the US or UK at the top, but it might help with the actions of executive appointees. More interesting, if we are considering vetoes, would be the creation of a Tribune of the Plebs with full veto power.

Drawbacks: Wild cross-checking among elected and appointed officials might make government action less efficient. Positives: Transparency and accountability?

Euthuna: (often spelled Euthyna). This is a “straightening” of accounts after someone has served in office. It was used in part require elected officials to provide financial accountability for their time in office, but questions of conduct and decision making could be introduced as well. The idea of reinstituting this, I think, would be that modern officials would be more restrained in expenditures and conduct if they knew they would be audited after a term. Of course, in ancient Athens there was a board of investigators. Given human corruptibility, the euthuna might be as useful as ethics investigations in the US House of Representatives.

Drawbacks: Constant accounting from elected and appointed officials might make government action less efficient. Positives: Transparency and accountability?

Here’s another one:

Lawsuit Penalties: In Athens, if you failed to secure a portion of votes for conviction in a losing trial, then you would have to pay a penalty for a frivolous lawsuit. In our modern age, corporations and the wealthy can sue weaker parties into submission even if they continually lose their lawsuits because of legal costs (money as well as time).

 

https://twitter.com/CorpusCynicum/status/1023993235658760195

Rhodes, Peter J. (Durham), Ameling, Walter (Jena), Kierdorf, Wilhelm (Cologne), Nollé, Johannes (Munich), and Heimgartner, Martin (Halle). ‘Lot, Election by’. Brill’s New Pauly. Ed. Hubert Cancik and et al. Brill Reference Online

 

Image result for ostraca pictures

Cicero on Character Attacks

Cicero, De Inventione 2.33

“In every case, [the orator] should know the nature, the way of life, the interests or the fortune or any of those personal qualities which he might say were a cause for him to have committed the act he did or he should find fault with his character by reference to another kind of crime if there is no ability to bring up those of a similar crime.

If you are arguing that someone acted because of greed and you cannot show that the person you are accusing is greedy, you need to show that he has an affinity with other vices and, by implication, that it is not a surprise for someone who has acted either corruptly or greedily, or petulantly in other matters should have been wrong in this affair too. For every bit that detracts from a defendant’s honesty and authority diminishes the ease of his whole defense.”

Item in omni causa naturam aut victum aut studium aut fortunam aut aliquid eorum quae personis attributa sunt ad eam causam qua commotum peccasse dicet adiungere atque ex dispari quoque genere culparum, si ex pari sumendi facultas non erit, improbare animum adversari oportebit: si avaritia inductum arguas fecisse, et avarum eum quem accuses demonstrare non possis, aliis affinem vitiis esse doceas, et ex ea re non esse mirandum, qui in illa re turpis aut cupidus aut petulans fuerit, hac quoque in re eum deliquisse. Quantum enim de honestate et auctoritate eius qui arguitur detractum est, tantundem de facultate eius totius est defensionis deminutum.

The Court of Kings Bench At Work

Old Ideas for New Problems: Ancient Government Institutions Today

A few weeks ago, in a moment of political frustration, I tweeted the following poll, soliciting which ancient political institution people would want to return to practice today.

The winner was ostracism by far, but I think that this is in part because my options weren’t great. Here are better suggestions made by others.

 

Apoklêrosis/sortition: : This is the ultimate anti-oligarchic and anti-plutocratic move from ancient Athens, to select by klêros officers and representatives from a larger predetermined list. The Athenian Council of 500 was selected by lot as early as the Peloponnesian War (Thuc. 8.69.4). Imagine if we selected 100 senators in each state and then reduced that number to 2 by drawing lots! We could have an NBA draft style show.

Drawbacks: Political chaos before and after the drawing of lots. Positives: Wild entertainment, dilution of power of money in politics.

Antidosis: The antidosis goes hand-in-hand with the leitourgia (or liturgy) which was the practice of having the wealthiest members of the state (voluntarily) pay for public works (buildings and even military expenses like triremes). Imagine how proud our wealthiest classes could be to put their own names on stealth bombers!

The antidosis is used if someone has a public obligation to make but cannot do so or wants to avoid it by pointing out that there is someone richer who should pay for it. Need a new bridge? Let’s take our wealthy to court and make them pay for it! I think that the suggestion also had taxes in general in mind. Imagine if individual citizens could sue other citizens (and corporations) for not paying enough in taxes….

Drawbacks: The wealthy might use this as a tool to attack one another. Positives: See negatives.

Dual Consulship: Rome somehow survived with two consuls elected annually. They held power in alternating months and, when they were done with service, went off to serve in the provinces (but not all the time). The Consulship was, from some perspective, a novel solution to the concentration of power in the hands of the monarch. But some have seen it as a destabilizing institution.

Imagine if we had new chief executives every year and how it might be if they alternated in their duties from month to month? True. it might yield a type of stability through detente. But it might also be pure insanity.

Drawbacks: Nonstop, annual campaigning for office. Positives: Diluted executive power, increased range of executive officers.

Hostage-taking: I am not sure if this option is serious or not. Hostages (obses) were often taken in ancient Greece and Rome as part of treaties with other nations or subordinate states. There were meant to guarantee fidelity to agreements. I am not quite sure how this would work internally in a single state.

Drawbacks: Using violence against captive human beings as a threat to ensure good behavior of foreign actors is beneath our moral values…..Positives: See Drawbacks.

Collegial Magistracies with VetoRoman magistrates could impose a veto on the actions of an equal or lesser magistrate’s actions. This would not help with the executive power in the US or UK at the top, but it might help with the actions of executive appointees. More interesting, if we are considering vetoes, would be the creation of a Tribune of the Plebs with full veto power.

Drawbacks: Wild cross-checking among elected and appointed officials might make government action less efficient. Positives: Transparency and accountability?

Euthuna: (often spelled Euthyna). This is a “straightening” of accounts after someone has served in office. It was used in part require elected officials to provide financial accountability for their time in office, but questions of conduct and decision making could be introduced as well. The idea of reinstituting this, I think, would be that modern officials would be more restrained in expenditures and conduct if they knew they would be audited after a term. Of course, in ancient Athens there was a board of investigators. Given human corruptibility, the euthuna might be as useful as ethics investigations in the US House of Representatives.

Drawbacks: Constant accounting from elected and appointed officials might make government action less efficient. Positives: Transparency and accountability?

Here’s another one:

Lawsuit Penalties: In Athens, if you failed to secure a portion of votes for conviction in a losing trial, then you would have to pay a penalty for a frivolous lawsuit. In our modern age, corporations and the wealthy can sue weaker parties into submission even if they continually lose their lawsuits because of legal costs (money as well as time).

 

https://twitter.com/CorpusCynicum/status/1023993235658760195

Rhodes, Peter J. (Durham), Ameling, Walter (Jena), Kierdorf, Wilhelm (Cologne), Nollé, Johannes (Munich), and Heimgartner, Martin (Halle). ‘Lot, Election by’. Brill’s New Pauly. Ed. Hubert Cancik and et al. Brill Reference Online

 

Image result for ostraca pictures