Between Vengeance and Punishment A study of public prosecution in Classical Athens

古典雅典的公诉制度是根据法律的改革家梭伦的传统而建立的。该系统的特点是严重依赖志愿检察官。然而，志愿检察官常常被怀疑滥用公共惩罚以达到私人目的，这在雅典人中表现出强烈的区分公共和私人领域的倾向。然而，当法律的公共复仇最初制度化时，假定的目标是对社区内某些私人个体的损害。就受害者个人而言，很难排除使用公共诉讼的私人方面，有趣的是，表示私人报复的术语可以应用于公共惩罚：帝汶。我已经论证过，当这个术语应用于公诉时，它并没有变成合理化的和抽象的法律的惩罚。通过分析这个词在法庭演讲中的使用，特别是在《反梅迪亚斯》中的使用，我得出了以下结论。第一，即使在4^<th>世纪，公刑仍然像梭伦那样依赖于私人复仇情绪的扩大。在4^世纪的法庭演说中，我们可以找到公报私仇的精神<th>。第二，志愿检察官可以通过两种不同的方式使他的承诺合法化：一种是作为一个与犯罪有个人关系的普通公民，另一种是作为一个与犯罪有官方关系的公民。后一种承诺方式可能是避免被指责为马屁精的更安全的方式。第三，德摩斯梯尼区分了针对社区内受损者的公共诉讼和针对城邦政府的其他公共诉讼。这反映了他有别于城邦的市民共同体意识。

Public prosecution in Classical Athens was according to the tradition introduced by the legal reformer Solon. The characteristic of the system was its heavy reliance on volunteer prosecutors. Volunteer prosecutors were often suspected of abusing the public punishment for private purposes, however, and here appears a strong tendency among the Athenians to distinguish between public and private sphere.Nevertheless, when the legal public vengeance was originally institutionalized, the supposed targets were the damages against certain private individuals within the community. So far as it concerned the damaged individuals, it is difficult to dismiss the private aspects in the use of public suits.Interestingly, the very term that denotes the private vengeance could be applied to the public punishment : timoria. I have argued that, when applied to pubic prosecutions, the term has not changed into rationalized and abstract legal punishment. Analyzing the use of the term in the forensic speeches and the Demosthenic "Against Meidias" particularly, I arrived at the following conclusions. Firstly, even in the 4^<th> century, public punishment still relied on the enlargement of private feeling of vengeance as Solon did. We can find the spirit of shared vengeance for public offence in the lawcourt speeches in the 4^<th> century. Secondly, a volunteer prosecutor could legitimize his commitment in two different ways : one as a private citizen who has personal concern with the offense, and the other as a citizen who has official concern with the offense. The latter way of commitment could be the safer way to avoid the reproach as sycophantes. Thirdly, Demosthenes distinguished between public suits for the damaged within community and the others concerning the polis government. This reflect his awareness of civic community distinct from the polis-state.