Athenian Law Code

Athens is perhaps most famous for being the birthplace of the democratic form of government.

Critical to concept of Athenian democracy was the introduction of a written law code that could only be enforced by a court, not a group of aristocrats. Draco or Dracon (7th century B.C.) provided Athens with its first written code of law which replaced the use of ‘oral laws’ that previously favored only the Athenian aristocrats. The basic outlines of the development of democracy can then be traced from Draco to Solon to Cleisthenes.

Athens, situated on the eastern coast, was far larger than most other Greek city-states which generally had around 5,000 to 20,000. Athens population numbered well over one hundred thousand. The political growth of Athens, however, did not keep pace with the needs of a growing population. In 600 BC the city was still ruled by a small oligarchy of aristocrats. Athens suffered from all the problems which other Greek states faced, land scarcity, because of Greece’s topography, and tensions between classes because of the political structure and what was deemed to be unfair and unjust oral laws.

Draco introduced a written law code that could only be enforced by a court. The institution of such a law code eliminated the (often unjust) interpretation of ‘oral laws’ which were once the sole prerogative of the Athenian aristocrats. Although court rulings were now more transparent, Draconian law actually made things worse for the people, as even misdemeanors resulted in the death penalty. The new legal code therefore increased the alienation of the poor. Ever since then “Draconian” measures define the meaning of heartless severity. Draco, however, first established a way to equality before the law and democracy in Athens, and thus ought to be celebrated for