Many of Menander's comedies are structured according to a rape plot pattern in which a young Athenian citizen usually rapes and impregnates a female citizen prior to the opening of the play. In most cases, the rape leads to a happy ending: the marriage of the rapist and victim. This casual treatment of rape is striking because in all other respects Menander's plays are not only scrupulously faithful to Athenian law, they also use Athenian legal and social norms as their (...) own generic conventions. Although the rape of a female citizen was a serious oense in Athenian law, potentially punishable with death, and a flagrant violation of the norms of Athenian citizenship, Menandrian comedy never morally or legally problematizes rape. This study considers how the comedies neutralize the potential legal signicance of rape and what this tells us about Athenian law and the ideology of democratic citizenship. It argues that by portraying a neutral form of rape, Menander's comedies implicitly articulate those factors which had the potential to bring "rape" within the purview of Athenian legal discourse. Menandrian Comedy's strategic fidelity to the norms of Athenian citizenship also tells us something about the gender ideology of Athenian democratic citizenship, that is, the ways in which relations between the sexes support and sustain civic relations between men in Athenian political culture and democratic ideology. While Menander's romantic plots uphold the laws of citizen marriage, they do not passively enact the legal constructs. In one common variant of the rape plot, the gendered construction of citizenship embedded in Athenian law is specically conjoined to democratic norms. In this type of play, a wealthy young citizen rapes and eventually marries the daughter of a seemingly poor citizen. By using rape to generate matrimonial unions between the rich and the poor, these plays extend democratic norms into the social arena. The formation of marriages across class lines disrupts the eects of intergenerationality in reproducing social and economic inequalities. (shrink)

Thucydides the Historian identifies himself as the son of a certain Oloros and, since Thucydides was by birth an Athenian , and Oloros is a Thracian name, the question arises how he acquired this Thracian patronymic. According to the view which has gained almost general acceptance, Thucydides of the deme Halimous in Attica owed his Thracian patronymic to a connexion by marriage. The hypothetical reconstruction of the family tree is that Thucydides' Athenian grandfather had married a daughter of Miltiades the (...) Athenian and Hegesipyle, daughter of the Thracian ruler Oloros, and a son of this marriage was called Oloros after his maternal great-grandfather. This Athenian Oloros became, as shown in Figure, the father of Thucydides the historian – an Athenian with a Thracian patronymic. (shrink)

What we know of citizenship, marriage and political status in Athens in the fourth century suggests that they were matters of no little public concern governed by a body of law which left few, if any, significant loopholes or anomalies. The ‘descent group’ criterion for citizenship had triumphed over the possible alternatives. The fundament of the system was the Periklean law of 451/0, re-enacted in 403/2, and prescribing double endogamy — that is, citizen birth through both parents — as the (...) normal qualification for a citizen . Whether this fifth-century legislation declared mixed marriages positively invalid or merely deterred them indirectly, through the disabilities falling upon the children, remains unclear. It is certain, however, that by the time [Demosthenes] 59 was delivered, in the 340s, both the parties to and the accessories in such marriages were breaking the law. ‘At that time an alien who joined the oikos of a citizen as husband or wife could be prosecuted by graphe and, if found guilty, was sold as a slave; the citizen man who thus received an alien woman into his oikos as his wife was fined 1000 drachmas. A man who, acting as her kyrios, gave an alien woman to a citizen for marriage could also be prosecuted by graphe, and if he was found guilty he was disfranchised and his property was confiscated’. (shrink)

What we know of citizenship, marriage and political status in Athens in the fourth century suggests that they were matters of no little public concern governed by a body of law which left few, if any, significant loopholes or anomalies. The ‘descent group’ criterion for citizenship had triumphed over the possible alternatives. The fundament of the system was the Periklean law of 451/0, re-enacted in 403/2, and prescribing double endogamy — that is, citizen birth through both parents — as the (...) normal qualification for a citizen. Whether this fifth-century legislation declared mixed marriages positively invalid or merely deterred them indirectly, through the disabilities falling upon the children, remains unclear. It is certain, however, that by the time [Demosthenes] 59 was delivered, in the 340s, both the parties to and the accessories in such marriages were breaking the law. ‘At that time an alien who joined the oikos of a citizen as husband or wife could be prosecuted by graphe and, if found guilty, was sold as a slave; the citizen man who thus received an alien woman into his oikos as his wife was fined 1000 drachmas. A man who, acting as her kyrios, gave an alien woman to a citizen for marriage could also be prosecuted by graphe, and if he was found guilty he was disfranchised and his property was confiscated’. (shrink)

Thucydides the Historian identifies himself as the son of a certain Oloros and, since Thucydides was by birth an Athenian, and Oloros is a Thracian name, the question arises how he acquired this Thracian patronymic. According to the view which has gained almost general acceptance, Thucydides of the deme Halimous in Attica owed his Thracian patronymic to a connexion by marriage. The hypothetical reconstruction of the family tree is that Thucydides' Athenian grandfather had married a daughter of Miltiades the Athenian (...) and Hegesipyle, daughter of the Thracian ruler Oloros, and a son of this marriage was called Oloros after his maternal great-grandfather. This Athenian Oloros became, as shown in Figure, the father of Thucydides the historian – an Athenian with a Thracian patronymic. (shrink)

A. R. W. Harrison in The Law of Athens, i , 63–5, argued that the exclusion of bastards from the phratries and the severe restriction of their right of inheritance does not entail their exclusion from Athenian citizenship; and that the form of Pericles' citizenship law, not stating that were to be , and Solon's law restricting the inheritance rights of , both point to the conclusion that bastards were not ipso facto debarred from citizenship. D. M. MacDowell in CQ (...) N.S. 26 , 88–91, rightly finds Harrison's positive arguments inconclusive, but suggests that three texts provide more definite support for this conclusion. (shrink)