Transcript Athenian Chattel Slavery

Athenian Chattel Slavery
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2.
Defining a true Slave Society
2. Chattel Slavery at Athens
True Slave Societies
modern definition
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most common definition based on demography
a slave society is a society in which slaves play
an important part in production and form a high
proportion (over 20 %) of the population
Based on this – 5 societies qualify: ,
1. Athens, 2. Roman Italy, 3. Brazil, 4.
Caribbean, 5. United States
Roman Italy in Augustan period ca. 35% slaves;
Classical Athens 500 – 323 BC
Legal Status of Athenian Slaves
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slave a moveable chattel, a possession, property
Private owner = despotes; Any free person,
citizen or foreigner (metic = resident alien)
demosioi = public slaves, administration, public
works, etc.,
As chattel a slave had no rights
No legal family (although often tolerated)
No legal identity – only as property of his owner
status of non-person
Greek slaves could keep some religious rites
The Classical Athenian Model of
Chattel Slavery
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Our modern notion of chattel slavery is based on the Athenian model
Two characteristics: 1. they were foreigners (law of Solon prohibited
Athenian citizens to be bought/sold as slaves); 2. could be bought and sold
like things;
Chattel slavery shaped by Aristotelian theories,
Further developed in Roman law, became the practice of slave-holding in
European colonies, and in New World Slavery
Difference in practice of manumission: Romans were generous in
manumitting (free ) slaves and confer Roman citizenship (or Latin status)
on freedmen and freedwomen;
Slaves paid price for ‘purchase’ of freedom – roughly market value
Slaves manumitted at Athens became ‘metics’ = resident aliens;
Classical period had a patron (prostates) whom they owed some services
extremely rare that an ex-slave received citizenship
Exception
The Athenian slave in the oikos and
community
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Every new slave was ritually introduced to the
household
Like a bride showered with nuts and fruits
(symbols of prosperity)
Initialized into cult of household gods.
Although property of owner – excessive force
against slaves not condoned by community: no
castration, unjustified beatings, injuries,
Cultural notion of hybris (excess, outrage) –
hybris offended the gods
Aeschines 1.17
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“ It was not for the slaves that the
lawgiver was concerned, but he wished to
accustom you [the citizens] to keep a long
distance away from the crime of outraging
free men, and so he added the prohibition
against the outraging even of slaves.”
Athenian slaves and the courts
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Slave had no independent status in law
Could not represent himself in court of law;
was represented by his owner in court of law
Slave was not allowed to give evidence against a citizen
Exceptions: treason; sacrilege
If slave was correct he/she received citizenship, if
wrong was executed
Cases where slave’s evidence was equal to that of
free/citizen: if master was murdered; in certain
commercial lawsuits (with citizens as guarantors)
Slave evidence in general
Slave’s evidence as witness was only
admissible if obtained under torture
 Either by master in private or on request
of plaintiff (defendant could not refuse)
 Contract drawn, outlining method of
torture and included provision for
compensation
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Aristophanes, Frogs II.618
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“Pile bricks upon him; stuff his nose with
acid; flay, rack him, hoist him, flog him
with a scourge of prickly bristles…Torture
him in any mode you please.”
Plato; Laws 9.872b:
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“The public executioner of the State shall
drag him in the direction of the tomb of
the dead man, to a spot from which he
can see the tomb and there scourge him
with as many stripes as the prosecutor
shall prescribe; and if the murderer be still
alive after the beating he shall put him to
death.”
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Sourcebook # 181
Enslavement
No Athenian Citizen could be enslaved
 With few exceptions:
 1. Daughters who committed adultery
(rare); 2. Newborns, abandoned on
‘rubbish heap’ 3. failure to pay ransom to
party who ransomed someone captured by
enemy/bandits/pirates
 Exile returning illegally to Athens
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Demosthenes (against Nicostratos, 11)
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“ the laws enact that a person ransomed
from the enemy shall be the property of
the ransomer if he fails to pay the
redemption money.”
Ransom rule outside Athens
If someone, acting under an obligation,
obtains from a foreign city, at his request,
the liberation of a man who is beyond the
frontier, the latter will be in the power of
the one who bought him back until the
money owed has been paid back.
 (Gortin Lawcode; Inscriptiones Creticae IV 72 col VI. Ll.
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46-55)
War and slavery
Heraclitus end of 6th century
 “War (polemos) is the father of all, the
king of all, and he has marked out some
for gods, others for men; he has made
some slaves and others free” (Fr. 53 Diels
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Changes after Persian War
In 5th century see growing number of
agreements stating that Greek cities should not
be reduced to slavery, but only be given a
lesson (Plutarch, Aegisilaeus 6)
 Greek war captives had good chance to obtain
their freedom again
 A) by agreement between states
 B) could be bought back by relatives, friends
(purchase money often extended as a loan to
the person so bought back)
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479 B.C. 500 Athenians taken prisoner by
Xerxes were sent back by Samos
(Herodotus 9.9)
Agreement between Miletus and
Crete (Cnossos)
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3rd century B.C. Do not let the Cnossian
acquire the Milesian, nor the Milesian the
Cnossian, if he know him to be free. He
who buys him knowingly let him lose the
price and let the person be free; if he buys
him unknowingly, let him give the person
back and recover the whole of the
purchase price. (H.H.Schmitt, ed., Die
Staatsvertraege des Altertums, III (Munich 1969) no.
482, 1.18-23)
Greek ideal of ‘freedom’
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Spartan embassy to Persian satrap
Hydarnes: “you know well how to be a
slave, but you have never tasted of
freedom” (Herodotus 7.135)
Hierarchy of Penalties
No enslavement for Athenian Citizens:
Penalties: fines, imprisonment, atimia
(political disqualifications) exile, death
 nothoi (bastards); metics, foreigners –
could all be enslaved on the spot: for
usurping citizen rights, marrying a citizen,
not paying metic tax, refusing to choose a
citizen guarantor, if freedman shows
ingratitude towards former master
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Manumission – freeing a slave
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Difference in practice of manumission: Romans were generous in
manumitting (free ) slaves and confer Roman citizenship (or Latin
status) on freedmen and freedwomen;
Slaves paid price for ‘purchase’ of freedom – roughly market value
Slaves manumitted at Athens became ‘metics’ = resident aliens; ;
obligated to bury him; make him his heir if he had no legitimate
children;
Owed services (paramone); obligation to stay with former owner or
heir for fixed period – increasingly common until former owner’s
death; freedman could free himself from services by providing a
slave to replace him (pay price higher than what was required to
pay anyway for his freedom)
extremely rare that an ex-slave received citizenship
One famous exception: the banker Pasion; wealthy ex-slave who
received Athenian citizenship
Primary Sources
Manumission and paramone # 23, 24
 citizenship and slavery # 22,
Demosthenes 59 Against Neaira. A legal
speech
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Effects of Slavery on
Athenian Society
Social Role of Slaves
Prevalence of Slaves
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Slaves were everywhere;
On average 3 – 4 slaves in household; whoever
could afford one would have at least one slave.
Agriculture (workers, overseers, etc.)
Business (scribes, accountants, managers,
agents, bankers)
Amusement (theatre, gambling, hetairae ,
prostitution)
slaves owned by city state – administration;
maintenance of all public works, etc.
What did slaves know about their
masters
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In households: No privacy
Athenian houses of ordinary people were small: (Lysias 1
on the murder of Eratosthenes) : two rooms, one
upstairs for women, 1 downstairs for the men.
Wife’s household slave is witness to her affair with
Eratosthenes
Greek Tragedy: the nurse is closest confidant of female
characters.
Slaves represent a form of social control; witness to
everything that goes on;
i.e. slave’s evidence in serious crimes – treason,
sacrilege which endanger community was encouraged