Ángel Martínez Fernández, Begoña Ortega Villaro,
Henar Velasco López, Henar Zamora Salamanca
(Editores)
ÁGALMA
Ofrenda desde la Filología Clásica a
Manuel García Teijeiro
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ϟ
{
}
ῖ ᾕ
.
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ISBN: 978-84-8448-790-6
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Imprime:
SOME OBSERVATIONS ON LITIGANTS AND THEIR
SUPPORTERS IN ATHENIAN JUDICIARY DEFIXIONES1
ZINON PAPAKONSTANTINOU
University of Illinois at Chicago
zpapak@uic.edu
ABSTRACT: Las tabellae defixionis áticas iluminan las ideas y prácticas mágicas y, además, pueden
proporcionar una valiosa percepción de determinadas facetas de la política, la vida social y el sistema
legal de la Atenas clásica. Este artículo estudia el papel de los litigantes y sus redes de partidarios,
incluidas mujeres, en ciertas maldiciones vinculantes jurídicas procedentes de la Atenas clásica y
ofrece una valoración preliminar de dichas maldiciones en el contexto del sistema legal ateniense.
KEY WORDS: Defixiones. Curse tablets. Legal binding curses. Litigants. Litigation. Disputes.
Supporters.
In a much quoted passage of the Athenaion Politeia Aristotle claims that
Solon granted the Athenian people the right to function as a court of appeals2.
The same author explicitly connects this reform with the growing sovereignty of
the plēthos in the Athenian state. The passage is suspicious of anachronism:
writing with the benefit of hindsight, Aristotle recognized in Solon’s reforms the
distant origins of the popular courts as a prominent and instrumental feature of
the Athenian democracy. Regardless of whether one accepts Aristotle’s assertions,
Athenian forensic oratory and other evidence amply demonstrate the centrality
of the popular courts in the process of conflict management and resolution in
classical Athens.
Legal defixiones can provide further insights on the working of the legal
system of classical Athens. Scholarly discussions of curse tablets have until
recently been conducted mainly within the context of the history of magical
perceptions and practices. Such scholarship is of tremendous value for our
understanding of the emergence and development of magic in the Greek world.
Yet recent works also demonstrate the value of integrating magical texts in
narratives of social and cultural history of classical Athens3. The purpose of this
paper is to contribute to this growing debate by discussing litigants and their
networks of supporters in certain legal binding curses from classical Athens and
1
This essay is offered as tribute, on the occasion of his retirement, to Prof. Teijeiro whose own research
has provided invaluable insights to the study of ancient magic.
2
[Arist.] Ath. 9.1.
3
EIDINOW, E., Oracles, Curses and Risk among the Ancient Greeks, Oxford 2007; and RIESS, W., Performing
Interpersonal Violence. Court, Curse, and Comedy in Fourth-Century BCE Athens, Berlin-Boston 2012.
1028
ZINON PAPAKONSTANTINOU
by offering a preliminary assessment of the curses in question within the wider
context of the Athenian legal system.
***
We may begin with DTA 65, a fourth-century BC defixio that sheds light on
the social dynamics implicit in the creation and implementation of a legal binding
curse. A certain Kallias is targeted in several parts of the curse and is singled out
on the right margin of the tablet. Moreover, l. 4 includes a reference to Kallias’
[
?, possibly a blanket attack to potential witnesses and jurors
who could support Kallias in court4. Finally, l. 9 seems to target again some
witnesses acting in support of Kallias (
, text scrambled) and l. 7
refers to supporting speakers (
[ ]), followed by a request in l. 8 that they
become mindless (
).
The spell thus strongly suggests that Kallias, ostensibly the main adversary,
could muster the support of a considerable network of relatives, friends and
associates. But who is the Kallias in question? Although he cannot be identified
with absolute certainty, it is worth noting that l. 3 targets
[ ]ᾕ(ᾕ)
ᾕᾕ
[ ] . Already in 1904 A. Wilhelm tentatively suggested the
identification of Hipponikos of our curse with Hipponikos Kalliou from Alopeke
mentioned in an Athenian list of names of c. 320s BC5. If that is the case, it is likely
that Kallias, the main target of DTA 65, is Kallias Hipponikou6, the father of
Hipponikos targeted in the same curse. These identifications have been accepted
by other scholars7 and although it is possible that the Kallias and Hipponikos
targeted in DTA 65 might belong to an earlier generation of the family it would
have been a remarkable coincidence if the two individuals in question, mentioned
one after another, did not belong to the famous Kallias-Hipponikos clan,
prominent in Athenian public life since the sixth century BC. It is not known if
Hippolochides, the third person targeted in l. 4 of DTA 65 was also related in some
way to Kallias and Hipponikos, although his name strongly suggests that he was
also a member of a hippotrophic family. Finally, it is worth noting the reference
in DTA 65, l. 6 to
, i.e. the in-laws of a certain Numenios which further
4
For l. 4 of DTA 65 see PAPAKONSTANTINOU, «Jurors in Athenian Judiciary Binding Curses», forthcoming.
WILHELM, A., «Über die Zeit einiger attischer Fluchtafeln», JÖAI 7, 1904, 119. For the list see MERITT, B. D.;
TRAIL, J. H., The Athenian Agora, Volume XV. Inscriptions: The Athenian Councillors, Princeton 1974, no. 55, 4445 with LEWIS, D. M., «Notes on Attic Inscriptions (II): XXIII. Who Was Lysistrata?», ABSA 50, 1955, 13-14
for the demotic.
6
DAVIES, J. K., Athenian Propertied Families 600-300 BC, Oxford 1971, no. 7842.
7
DAVIES, op. cit., 269.
5
SOME OBSERVATIONS ON LITIGANTS AND THEIR SUPPORTERS IN ATHENIAN…
1029
reinforces the impression that many targets of the curse in question had family
ties.
The preceding discussion of DTA 65 points to two prominent aspects of
Athenian judiciary binding curses: the involvement of the Athenian social and
political elites in the practice of binding magic and the employment of family
networks in the wider process of dispute resolution. It was once mistakenly
thought that in the ancient world magic was practiced primarily by the lower
social strata. This perception has been partly rectified in recent years through a
meticulous analysis of the evidence for magic which reveals that in the GrecoRoman world individuals of all social backgrounds often resorted to magic for a
variety of purposes and in a variety of contexts. In the case of late fifth and
fourth-century Athens, it has been demonstrated that legal binding curses were
used by Athenians prominent in public life who were keen to ensure an
advantage in rivalries with their political and legal adversaries.
For instance, a curse inscribed on the inner surface of the lid of a small
coffin-like lead box discovered at the Kerameikos cemetery targets four
individuals, including a certain Theozotides8. The names of the same individuals
are inscribed on the body of a magic-doll encased in the lead box. Due to the
rarity of the name, which is attested only within one Athenian family, and the
fairly secure date of the grave where the curse was found, we can make a positive
identification with Theozotides known to be active at the end of the fifth and the
early fourth century9. Moreover, in two legal binding curses unearthed in the
Kerameikos and dating roughly to the same period as the magical ensemble
cursing Theozotides, a certain Smindyrides is included among the defixi10. Similar
to Theozotides, the name is very rare in Athens and is attested for the period in
question only in connection with a Smindyrides who was allegedly involved in
8
JORDAN, D. R., «New Archaeological Evidence for the Practice of Magic in Classical Athens», in
∆
, volume IV, A
1988, 276-277; COSTABILE, F.,
«
∆
», AthMitt 114, 1999, no. 2, 2; COSTABILE, F., «Defixiones dal Kerameikós di Atene – II.
Maledizioni processuali», MEP 4, 2000, no. 3, 2.
9
For Theozotides see DAVIES, op. cit., 222-223.
10
PEEK, W., Inschriften, Ostraka, Fluchtafeln, Kerameikos, ergebnisse des ausgrabungen III, Berlin 1941, no. 4
= SGD, no. 6. COSTABILE, F., «La triplice defixio del Kerameikós di Atene. Il processo polemarchico ed un
logographo attico del IV sec. a.C. Relazione prelimimare», MEP 1, 1998, 9-54; «Defixiones dal Kerameikós
di Atene...», 37-75; and «La triplice defixio: nuova lettura. Processo e norma libraria attica nel V-IV sec.
a.C. Defixiones dal Kerameikós di Atene - III», MEP 6, 2001, 158 column II; JORDAN, D. R., «New Greek Curse
Tablets (1985-2000)», GRBS 41, 2000, no. 9 and «Towards the Text of a Curse Tablet from the Athenian
Kerameikos», in MATHAIOU, A. (ed.),
π
.
π
Adolf Wilhelm (18641950), A
2004, 291-311; CHANIOTIS, A., «
.
ᾕ
», in
AVAYIANOU, A. (ed.),
,A
2008, 52-53; SEG XLVIII, 1998, 354-356; SEG LI,
2001, 328.
1030
ZINON PAPAKONSTANTINOU
the destruction of the hermaic stelae in 415 BC11. Finally, other binding curses and
magic dolls discovered in the vicinity of the tomb where the Theozotides curse
was found bear stylistic resemblances to each other and date to the same period.
Moreover, some of the targets of these curses have been tentatively identified
with individuals active in Athenian public life and litigation at the turn of the
fourth century, although such identifications are not absolutely certain12.
Defixiones dating from the latter parts of the fourth century BC tell a similar
story. DTA 24, inscribed on two sides of a lead strip, targets nine individuals. A
certain Phocion tops the list of side A. It was once again A. Wilhelm who first
identified the Phocion in question with the famous Athenian public figure of the
fourth century BC13. Once this identification is considered plausible, then several
other features of the curse fall into place. For instance, l. 2 of side A targets a
Eupheros and an Aristokrates. We know that members of the family of Callistratus
of Afidna, the prominent Athenian statesman of the first half of the fourth
century, bore the same names14. Given the other circumstantial evidence linking
Phocion and Callistratus, it seems quite plausible that the Eupheros and
Aristokrates targeted in DTA 24 were the two brothers of Callistratus15. Moreover,
side B of the same tablet targets 5 individuals, including a Euthemon and a
Nikomenes. A Euthemon Eupolidos Halieus (LGPN II, p. 168, no. 2; Davies 1971, no.
5475) and Nikomenes Hieronos Halieus (LGPN II, p. 335, no. 2) are attested in
decrees from the deme Halai Aixonides16. Since DTA 24 was allegedly discovered in
the territory of the same deme, and given that side A of the tablet ostensibly
refers to prominent Athenian public figures, it is quite plausible that the
Euthemon and Nikomenes targeted on side B should be identified with the two
individuals prominent in Halai Aixonides deme politics in the 360s BC.
11
And. 1.15.
E.g. TRUMPF, J., «Fluchtafel und Rachepuppe», AM 73, 1958, 94-102 (= SGD, no. 9) targets a certain
Mnesimachos, who is tentatively linked by Trumpf and JORDAN, D. R., «New Archaeological Evidence…»,
275 with an early fourth-century choregos (IG II2, 3092) and/or the defendant of a lawsuit for which Lysias
wrote the prosecution speech (Lys. fr. 235 Carey); COSTABILE, «
∆
» ..., no. 2,4 (=JORDAN, D. R.,
«New Greek Curse Tablets...», no. 11) binds a Mikines, linked by JORDAN, D. R., «New Archaeological
Evidence...», 276 and LÓPEZ JIMENO, M. DEL A., Nuevas tabellae defixionis Áticas. Estudio Filológico, Lingüístico,
Epigráfico y de Realia de las nuevas Tabellae Defixionis Áticas Posteriores a la Publicación de los Corpora Clásicos.
Con Textos, Traducción, índices y Láminas, Amsterdam 1999, 181, to the defendant of a homicide trial (Lys.
fr. 229a-234 Carey).
13
WILHELM, art. cit., 115-118. Regarding DTA 24 see NISOLI, A. G., «Defixiones politiche e vittime illustri. Il
caso della defixio di Focione», Acme 56, 2003, 271-87.
14
See DAVIES, op. cit., 8157 IV; HOCHSCHULZ, B., Kallistratos von Aphidnai: Untersuchungen zu seiner politischen
Biographie, München 2007, 16-17.
15
NISOLI, art. cit., 272 ff.
16
IG II², 1174; IG II², 1175; IG II², 2820.
12
SOME OBSERVATIONS ON LITIGANTS AND THEIR SUPPORTERS IN ATHENIAN…
1031
It has been reasonably suggested that DTA 24 is a judicial defixio and that
the individuals cursed on both sides of the tablet belonged, at least in the mind of
the curser, to the same political group17. The references to individuals prominent
in state (side A) and local (side B) politics are not inconsistent with such an
interpretation. Neither are the references to two women on side B, Meideia and
Sura, the latter almost certainly a slave. Despite their subordinate position in
Athenian litigation women, including slaves and prostitutes, frequently feature
alongside men, sometimes including ostensibly well-off individuals, in Athenian
judiciary binding curses. On other occasions well-established Athenians are
targeted alongside peddlers and manual workers. For instance in SGD 44 (= Peek
1941, no. 9) the agent of the curse binds a member of the Aeropagus alongside two
potters while SGD 42 (= Robert 1936, no. 11) targets a saffron-seller (short for
spice-seller?) and some notable public figures, including Aristophon of Azenia
who was known for his long public career and his successful judicial record18.
The presence, and at times prominence of women, craftsmen and other
subaltern groups in Athenian binding curses requires further investigation. In the
case of women, it is obvious that for the agents of e.g. DTA 24 and 67, both binding
curses of legal and/or political overtones, women could somehow influence the
course and outcome of the dispute. A similar perception informs several other
legal defixiones which target men as well as women. For instance DTA 39 targets
seventeen individuals, six of whom are women, and ends with a spell against all
their friends and supporters in court. There are several intriguing interpretative
possibilities regarding this spell. First, the use of the plural object in the blanket
binding formula «all those who are their friends and support them in court»
suggests that the author of the curse perhaps did not distinguish a primary
adversary among the group of named targets. Whatever the nature of the dispute,
and despite the fact that he would have had to confront a more restricted team of
opponents in court, the author of DTA 39 clearly perceived the individuals
targeted as a more or less coherent group that presented a threat.
Regarding the role of women in the defixio in question, it is worth noting
that Satyra, one of the women targeted, bears a name frequently associated in the
ancient world with prostitutes19. But the name is also attested for Athenian citizen
women during the classical period20. We are perhaps on safer ground with DTA
102 which targets a Galene, daughter of Polykleia. Prostitutes named Galene and
Polykleia are attested in Athenian middle comedy, and hence their identification
17
NISOLI, art. cit.
OOST, S. I., «Two Notes on Aristophon of Azenia», CPh 72, 1977, 238-242. Cf. DAVIES, op. cit., no. 2108.
19
KAPPARIS, K. K., «The Terminology of Prostitution in the Ancient Greek World», in GLAZEBROOK, A.;
HENRY, M. M. (eds.), Greek Prostitutes in the Ancient Mediterranean 800 BCE-200 CE, Madison-London 2011, 241.
20
See PAA no. 812650 ff.
18
1032
ZINON PAPAKONSTANTINOU
with their namesakes targeted in DTA 102 is plausible21. Moreover the author of
DTA 107 targets a Galene, identified as «belonging to Pherenikos» (
[ ] , ll. 2-3). Is that a reference to a female slave or to an intimate sexual
relationship as it has been surmised by some scholars?22 If the latter, then perhaps
this is another reference to Galene the hetaira. Pherenikos is the main target of
DTA 107, and it is worth noting that Galene is cursed before three males that are
identified as Pherenikos’ syndikoi. Even more explicit are the references to female
tavern-keepers, madams and several prostitutes in DTA 68. A fragmentary
reference to witnesses in l. 10 of the same curse suggests a legal context.
Moreover, some of the targets bear names that indicate servile status and/or
foreign origin.
It is worth noting that whenever a woman’s profession is designated or
deduced in an Athenian binding curse it points to a person that is involved in the
Athenian public sphere. It is to be expected that women active as prostitutes,
vendors and tavern-keepers could interact more freely with men and thus they
could potentially be involved in disputes that resulted in litigation. Furthermore,
citizen women in classical Athens had a limited legal standing in the courts of
justice23. They rarely participated in formal legal proceedings and then usually
only indirectly through a male guardian (kyrios) or other male representative. On
occasion women could attend legal proceedings as spectators to lend support to a
male litigant. Non-citizen women might have been less bound by these rules. But
in general, there is very little evidence for the formal involvement and the
physical presence of women in Athenian courts.
Despite that, it is evident that in most Athenian legal curses women are
envisaged as part of the network of legal adversaries, usually designated as
syndikoi or antidikoi24. In these instances, women were targeted because it was
believed that they could influence the outcome of the dispute, including formal
legal proceedings. Beyond the domestic sphere25, women’s involvement in a
dispute could materialize in a number of ways, e.g. spreading rumors against a
litigant’s opponents, heckling opposition prosecutors and witnesses from the
audience gallery at court and engaging in magical or counter-magical acts. A
fourth-century judiciary curse from Kerameikos (Costabile 2001, column III = SEG
48, 356 and 51, 328) alludes to the scope of a woman’s participation in disputes
and litigation. Even though there is some uncertainty regarding the name of the
21
Wünsch in DTA, 26; WILHELM, art. cit., 112; GAGER, J., Curse Tablets and Binding Spells from the Ancient World,
Oxford 1992, 126.
22
WILHELM, art. cit., 112; GAGER, op. cit., 126-127.
23
See in general GAGARIN, M., «Women in Athenian Courts», Dike 1, 1998, 39-51.
24
E.g. DTA 39; 68; 95; 106; 107. DT 49. SGD, no. 42. JORDAN, D. R., «New Greek Curse Tablets...», no. 9.
25
See the comments by EIDINOW, op. cit., 186-187.
SOME OBSERVATIONS ON LITIGANTS AND THEIR SUPPORTERS IN ATHENIAN…
1033
target26, feminine pronouns (
, ll. 4-5 and 8) leave no doubt about her gender.
Her role in the dispute is also in question: the editor princeps argued that she was a
litigant, but this cannot be deduced with certainty from the extant part of the
tablet, hence she could have belonged to the circle of supporters of a male
litigant27. Be that as it may, the target is clearly involved in some aspects of
litigation and the agent of the curse binds her mind, soul and tongue as well as
«all the deeds in connection with the trial against us that she is discussing».
Overall, it is safe to say that in the eyes of the persons who commissioned legal
curses Athenian women had, through their involvement in formal or informal
aspects of litigation, as much power in influencing the outcome of a trial as men.
To conclude, the reasons for the inclusion in judicial curses of persons who
could have very limited, if any, involvement in the formal aspects of litigation are
indicative of notions of dispute-resolution and use of the legal system that go
beyond the conventional picture of adjudication depicted in Athenian forensic
oratory. More specifically, Athenian legal binding curses form a sounding board
against which to evaluate claims to justice and the pursuit of the rule of law often
made by litigants in extant forensic orations. Litigants in Athenian courts appeal
primarily to ideals of justice but also frequently admit to considerations of selfinterest and advantage in their pursuit of legal action28. The professed primacy of
justice over expediency is challenged by legal binding curses. Legal spells suggest
a much wider, inclusive and conceptually malleable perception of «law» and
«litigation» on the part of Athenians, a perception, driven primarily by utility and
expediency, that extended far beyond the strict confines of formal legal
proceedings and the courts. Hence individuals with limited legal standing, social
networking practices and acts of magic appear to have, in the mind of the agents
of binding curses, equal and at times greater clout in deciding the outcome of a
dispute than statutory rules and court proceedings. All the above strongly suggest
that in addition to illuminating particular facets of Athenian litigation, including
the social background of litigants and the involvement of subaltern groups in the
legal process, binding curses open up wider interpretative possibilities regarding
the legal system of classical Athens.
26
COSTABILE, «La triplice defixio: nuova lettura», reads Irene, but see JORDAN, «Towards the Text of a Curse
Tablet…», 297.
27
The assumption that the target of the curse is a litigant essentially hinges on the reading
[
] ᾕ
õ -|
̣[ ]
in ll. 16-17. But the drawing (p. 147) and photographs (pp. 163, 166,
and 168-169) that COSTABILE, F., «La triplice defixio: nuova lettura...», publishes show that the tablet in l.
17 is worn and that the reading ̣[ ]
is inconclusive.
28
CHRIST, M. R., The Bad Citizen in Classical Athens, Cambridge 2006, 19-21.
1034
ZINON PAPAKONSTANTINOU
ABBREVIATIONS
DT: AUDOLLENT, A., Defixionum tabellae, Paris 1904.
DTA: WÜNSCH, R., Defixionum Tabellae Atticae (= IG III.3, Appendix), Berlin 1897.
LGPN: FRASER, P. M.; MATTHEWS, E., A Lexicon of Greek Personal Names, Oxford 1987.
PAA: TRAILL, J. H., Persons of Ancient Athens, Toronto 1994.
SEG = Supplementum Epigraphicum Graecum, Amsterdam 1923-present.
SGD = JORDAN, D. R., «A Survey of Greek Defixiones Not Included in the Special Corpora», GRBS 26, 1985,
151-97.
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,A
.
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ᾕ
», in AVAYIANOU, A. (ed.),
,A
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∆
», AthMitt 114, 1999, 89-104.
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, volume IV, A
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.
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π
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1035
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NISOLI, A. G., «Defixiones politiche e vittime illustri. Il caso della defixio di Focione», Acme 56, 2003,
271-87.
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