Why Your Courts Remind Me of the Athenian Jury. Only Less Drunk.

I am Aristophanes, son of Philip. Comic poet, civic nuisance and long-suffering witness to humanity’s favourite illusion: that once we dress power in fine clothes, it will behave itself.

 

You speak with reverence of your Judicial System.

 

We spoke with similar awe of our juries.

 

The difference is mostly alcohol.

 

On the Comforting Fantasy of Wise Judgment

 

In Athens, we believed that justice improved when shared widely. Why trust one man, when you could trust five hundred? They were paid a small stipend and chosen on a first come, first engaged system. They listened or didn’t listen to speeches. They were asked to decide guilt, innocence, exile or death before lunch.

 

It sounds reckless.

 

It was.

 

But it felt democratic. And feelings, as you may have noticed, are persuasive.

 

You, by contrast, gather a small number of very serious people, dress them uniformly, elevate them physically and insist they are neutral. This is a charming story. We preferred ours, in which at least no one pretended it was fair.

 

The Jury: Our Sacred Crowd

 

Our jurors were ordinary men (retired soldiers, tradesmen, grumblers) who arrived early to secure a seat and occasionally arrived already fragrant with wine. They listened to speeches not unlike theatre monologues, complete with tears, props and appeals to patriotism.

 

Justice was not blind.

 

But it did squint a bit.

 

We told ourselves that many biases cancel each other out. Sometimes they did. Sometimes they harmonised beautifully and destroyed a man.

 

Still, the court felt honest. It did not pretend to be superior to the rest of humanity.

 

Robes Rituals Theatre of Authority

 

Robes, Rituals, and the Theatre of Authority

 

Your courts are quieter. More restrained. Less shouty. This gives them an advantage: but is also a danger.

 

When authority becomes solemn, people stop laughing.

 

When they stop laughing, they stop questioning.

 

When they stop questioning, institutions begin to believe their own mythology.

 

In Athens, a jury could be mocked. Loudly. Publicly. Often by me.

 

This kept them nervous. Nervous institutions are healthy.

 

Your courts, I observe, inspire fear rather than humour. That should worry you.

 

On Neutrality, That Most Dangerous Costume

 

We Athenians never pretended our jurors were neutral. We assumed they were emotional, partial, proud, petty, generous, vindictive, bored, and hungry — all at once.

 

You insist your judges rise above such things.

 

Forgive my laughter.

 

Power does not escape human nature by wearing better fabric. It merely hides more effectively.

 

The danger is not bias; the danger is unexamined bias protected by reverence.

 

Why Comedy Was Necessary

 

Comedy exists to remind the powerful that they are still human. I wrote plays not to destroy institutions, but to stop them from becoming sacred.

 

Sacred things do not listen.

 

Non sacred things sometimes do.

 

A society that cannot laugh at its courts will eventually fear them. And believe me, fear is a poor substitute for justice.

 

A Reflection From One Democracy to Another

 

Athens trusted the many and some people paid for it dearly.

 

You trust the few and pay them a lot.

 

Perhaps both systems are flawed. Perhaps judgment is always dangerous, no matter how it is arranged.

 

But at least our jurors knew they might be ridiculous.

 

That knowledge restrained them.

 

So I leave you with a question, from one old democracy to a younger one:

 

You have removed the wine, the shouting and the chaos.

 

You have kept the power.

 

Has that really made things better, or just quieter?

 

READ ARISTOPHANES’ BOOK HERE

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