Spectator sport or serious politics? όί περιεστηκότες and the Athenian lawcourts

Abstract

In his tractA Rationale of Judicial Evidence, Jeremy Bentham repeatedly refers to the courtroom as the ‘theatre of justice’. Bentham's description has been borne out by recent scholarship on Athenian law. As a form of civic space, the Athenian lawcourts were similar to the Theatre of Dionysos in many respects: litigants faced each other in a competitiveagon, delivering lines written for them by logographers to a mass audience which would range, ordinarily, from 200 to 1500 jurors. Moreover, modern scholars have drawn on the notion of ‘social drama’ introduced by the anthropologist Victor Turner to describe the Athenian lawcourts as an arena for socially constructive feuding behaviour, as a public stage for the social élite to compete for prestige, or as a forum for ongoing communication between élite litigants and mass jurors ‘in a context which made explicit the power of the masses to judge the actions and behavior of élite individuals’.