Amnesty and Reconciliation in Late Fifth Century Athens: The Rule of Law under Restored Democracy

Re-evaluates the Athenian Reconciliation Agreement of 403 BCE, its historical causes and its legal legacy.

• Interprets the reconciliation of 403 BCE in the light of the rule of law in Athens, offering a fresh reading of the terms and clauses of the treaty
• Provides a new interpretation of how the amnesty was applied in the legal trials that followed
• Allows for a new understanding of the Athenian reconciliation as the paradigm of amnesty agreements in the Classical and Hellenistic Ages
• Analyses the causes of political division in Athens at the end of the 5th century and how Athenian democracy was resurrected according to legal principle

The Athenian Reconciliation of 403 BCE was the pinnacle of amnesty agreements in Greek antiquity. It guaranteed lasting peace in a political community torn apart by civil conflict, because it recognised that for society to cohere, vindictive action over crimes which predated the exchange of oaths was legally inadmissible.

This study analyses the historical circumstances which led to the fall of democracy at Athens in 404, the civil conflict which followed under the Thirty Tyrants and the restoration of democracy and the rule of law in 403. It analyses afresh the Reconciliation Agreement in the light of New Institutionalist perspectives, showing that the resurrection of democracy was guaranteed by the rule of law and by the strict application of the agreement in the democratic law courts. It offers fresh readings of the clauses of the Agreement and the legal trials which followed in its wake and shows that the Athenian example was the paradigm not only for amnesties in the ancient world but for those since the seventeenth century.