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

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