Part 9

Such, then, was his legislation concerning the magistracies. There are

three points in the constitution of Solon which appear to be its most

democratic features: first and most important, the prohibition of loans

on the security of the debtor's person; secondly, the right of every

person who so willed to claim redress on behalf of any one to whom

wrong was being done; thirdly, the institution of the appeal to the

jurycourts; and it is to this last, they say, that the masses have owed

their strength most of all, since, when the democracy is master of the

voting-power, it is master of the constitution. Moreover, since the

laws were not drawn up in simple and explicit terms (but like the one

concerning inheritances and wards of state), disputes inevitably

occurred, and the courts had to decide in every matter, whether public

or private. Some persons in fact believe that Solon deliberately made

the laws indefinite, in order that the final decision might be in the

hands of the people. This, however, is not probable, and the reason no

doubt was that it is impossible to attain ideal perfection when framing

a law in general terms; for we must judge of his intentions, not from

the actual results in the present day, but from the general tenor of

the rest of his legislation.

The Athenian Constitution · 第 9 / 69 章