FREE BOOKS

Author's List




PREV.   NEXT  
|<   486   487   488   489   490   491   492   493   494   495   496   497   498   499   500   501   502   503   504   505   506   507   508   509   510  
511   512   513   514   515   516   517   518   519   520   521   522   523   524   525   526   527   528   529   530   531   532   533   534   535   >>   >|  
can be more absurd than to lay the blame of the change upon Pericles. He only yielded to, and regulated the irresistible current of the general wish. And we may also observe, that most of those innovations, which were ultimately injurious to Athens, rested upon the acknowledged maxims of modern civilization; some were rather erroneous from details than principles; others, from the want of harmony between the new principles and the old constitution to which then were applied. Each of the elements might be healthful--amalgamated, they produced a poison. XV. It is, for instance, an axiom in modern politics that judges should receive a salary [291]. During the administration of Pericles, this principle was applied to the dicasts in the popular courts of judicature. It seems probable that the vast accession of law business which ensued from the transfer of the courts in the allied states to the Athenian tribunal was the cause of this enactment. Lawsuits became so common, that it was impossible, without salaries, that the citizens could abandon their own business for that of others. Payment was, therefore, both equitable and unavoidable, and, doubtless, it would have seemed to the Athenians, as now to us, the best means, not only of securing the attention, but of strengthening the integrity, of the judges or the jurors. The principle of salaries was, therefore, right, but its results were evil, when applied to the peculiar constitution of the courts. The salary was small--the judges numerous, and mostly of the humblest class--the consequences I have before shown [292]. Had the salaries been high and the number of the judges small, the means of a good judicature would have been attained. But, then, according to the notions, not only of the Athenians, but of all the Hellenic democracies, the democracy itself, of which the popular courts were deemed the constitutional bulwark and the vital essence, would have been at an end. In this error, therefore, however fatal it might be, neither Pericles nor the Athenians, but the theories of the age, are to be blamed [293]. It is also a maxim formerly acted upon in England, to which many political philosophers now incline, and which is yet adopted in the practice of a great and enlightened portion of the world, that the members of the legislative assembly should receive salaries. This principle was now applied in Athens [294]. But there the people themselves were the legis
PREV.   NEXT  
|<   486   487   488   489   490   491   492   493   494   495   496   497   498   499   500   501   502   503   504   505   506   507   508   509   510  
511   512   513   514   515   516   517   518   519   520   521   522   523   524   525   526   527   528   529   530   531   532   533   534   535   >>   >|  



Top keywords:

courts

 

salaries

 

judges

 

applied

 

Athenians

 

principle

 
Pericles
 

popular

 
constitution
 

modern


principles

 
judicature
 
business
 
receive
 

salary

 
Athens
 

number

 
attained
 

numerous

 

results


jurors
 

securing

 

attention

 

strengthening

 

integrity

 

peculiar

 

consequences

 

humblest

 
constitutional
 

incline


adopted

 

practice

 

philosophers

 

political

 

England

 

enlightened

 

portion

 

people

 
members
 
legislative

assembly
 

bulwark

 
essence
 
deemed
 

Hellenic

 
democracies
 

democracy

 

theories

 

blamed

 
notions