雅典陶片放逐法考辨

On the Origin of Ostracism in Athens

陶片放逐法是雅典历史上最为重要和独特的制度之一。古代作家有关陶片放逐法产生年代的记载本就存在差异,现代学者也多有不同看法,或持克里斯提尼说,或认为始于公元前488年。马拉松战役后,反波斯与防止僭主复辟政策完全吻合,因此相关法律应当颁布于该法初次实行之前。无论是克里斯提尼本人的年龄,还是陶片放逐法最初的流放对象,都表明它的创立者不可能是克里斯提尼,而应是公元前480年代初年某个政治家。但是,陶片放逐法的本意,是把精英阶级内部的争议和国家政策的决定权交给民众裁决,故该法的颁布和实行,仍符合克里斯提尼改革的精神。

Ostracism was one of the most important and peculiar institutions in Athens.However,classical documents varied as to its origins and purpose,while modern scholars also disagreed on the issue.Some agreed with Aristotle,dating it to the time of the Cleisthenes’Reforms;but others agreed with Adrotion,preferring to the eve of its first use.This paper tries to argue that ostracism should have been proclaimed just before its first use,when the fight against Persia and against the returning tyranny coincided after the Battle of Marathon.Neither the age of Cleisthenes nor the aims of ostracism made the authorship of Cleisthenes possible.Its author should be some unknown politician(s) in the early 480s BC.However,the original purpose of the institution was to make the people judges of disputes among political elites and deciders of state policies.Therefore,although it was not invented by Cleisthenes,ostracism was coherent with his principles.