140
Kubben
were Athenian citizens.14 This indicates that women, too, could be citizens,
although they did not have political rights.15 Only citizens enjoyed the protection of the law, could participate in popular assemblies, hold public offices,
conclude contracts, own land, or marry under the polis’ laws. Whereas the law
of the polis and access to courts were exclusive to citizens, most poleis gradually mitigated the exclusion of non-citizens.16 They developed legal mechanisms to extend civic rights – such as the right of intermarriage or the right to
own real estate – and access to courts to others. Poleis concluded treaties (symbolai) containing reciprocal grants of civic rights17 and appointed proxenoi
(distinguished citizens of other poleis) to act as intermediaries and take care of
their citizens while abroad, which also extended to representing them in
court.18 Due to these mechanisms, the issue whether a foreigner belonged to
another Greek polis or not became more relevant. Several poleis also developed
special judicial mechanisms and institutions for adjudication of cases in which
foreigners were involved in order to bring them within the scope of law.19
An issue of specific interest here is how the Greek poleis treated the noncitizens among their populations. These might have been immigrants or their
descendents, but it may also concern emancipated slaves or the offspring of
Athenians outside of lawful wedlock or from mixed marriages. These were
often not (or not any longer) citizens of another polis and thus quite closely
resembled our ‘stateless persons’. Their relative numbers varied. The need for
able craftsmen and the necessities of commerce incited mechanisms to raise
these people from one in which they lacked any rights and legal standing.
Therefore, the category of metics was introduced in Athens. Once registered as
such, resident aliens were granted some civic rights and protection of Athenian
law, albeit on the condition of payment of special taxes and certain military
and religious duties.20 This did not, however, make them citizens. It did not
rule out any discrimination in the judicial system; nor did metics gain any
political rights. Though, it did safeguard them from all kinds of disadvantages
put on foreigners and from reprisals for debts or deeds of fellow countrymen.21
14
15
16
17
18
19
20
21
Bleicken, n12 190.
Bleicken, n12 190.
Bederman, n13 124-133; Phillipson, n13125.
Bederman, n13 126128; Phillipson, n13 136-144.
Bederman, n13 130-133; Bleicken, n12 105; Phillipson, n13 147-156 and 163.
Bleicken, n12 105 and 286; Phillipson, n13 171-172 and 192-209.
Bederman, n13 122; Bleicken, n12 102-105; Finer, n4 324, p. 341; Phillipson, n13. 145-146,
158-162, and 165-171.
Bederman, n13 122-123.
tilburg law review 19 (2014) 136-152