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PARRHESIA AND THE DEMOS TYRANNOS: FRANK SPEECH, FLATTERY AND ACCOUNTABILITY IN DEMOCRATIC ATHENS Matthew Landauer1,2 Abstract: Parrhesia, or frank speech, is usually understood as a practice intimately connected to Athenian democracy. This paper begins by analysing parrhesia in non-democratic regimes. Building on that analysis, I suggest that most accounts of parrhesia overlook the degree to which its practice at Athens implied a comparison of the demos to an unaccountable ruler — a tyrant. As a practice, parrhesia was paradigmatically undertaken by speakers addressing an audience with the power to sanction them in the event that their advice proved uncongenial. As such it could be useful in both democracies and autocracies, serving as a possible counterweight to flattering rhetoric. But in both regime types it was in essence a remedial virtue, necessitated by a basic structural feature common to both autocratic and Athenian democratic decision procedures: at the centre of both was an unaccountable decision maker able to hold its advisors to account. Introduction The Greek word parrhesia, literally meaning ‘saying everything’,3 was deployed in fifth- and fourth-century Greek literature in two broad senses. On the one hand, it could connote thoughtless, careless, impudent speech. Thus Isocrates in the Aeropagiticus, in comparing the contemporary fourth-century democracy unfavourably with the regime founded by Solon and Cleisthenes, lists parrhesia, along with license (akolasia), lawlessness (paranomia) and a general sense of entitlement among the citizens to do whatever they please (exousian tou panta poiein) as lamentable features of contemporary Athenian life.4 On the other hand, parrhesia could connote free speech, both as a privilege granted by a political regime and as the practice of frank speakers, even (or especially) in the face of personal risk. Parrhesia in these positive senses has recently been analysed within a variety of fifth- and fourth-century Athenian contexts, and the literature explores the many ways in which the practice was intimately connected to 1 Committee on Social Studies, Harvard University, Hilles Library, 59 Shepard St, Cambridge, MA 02138, USA. Email: [email protected] 2 The author would like to thank Mary Dietz, Jennifer London, Harvey Mansfield, Eric Nelson, Emma Saunders-Hastings, Joel Schlosser, Christina Tarnopolsky, Richard Tuck, and audiences at the MPSA Annual Conference in 2009 and the Harvard Political Theory Workshop for helpful comments on previous versions of this paper. 3 The Greek roots are ‘pan’ (all) and ‘rhesis’ or ‘rhema’ (speech). 4 Isocrates, Aeropagiticus, in the Loeb Isocrates, Vol. 2, trans. G. Norlin (Cambridge, MA, 1929), para. 20.7. Citations of Isocrates in this paper come from the three-volume Loeb edition, with some translations modified. HISTORY OF POLITICAL THOUGHT. Vol. XXXIII. No. 2. Summer 2012 Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction 186 M. LANDAUER Athenian democracy.5 Parrhesia is thought to have played an important role in the Assembly, serving as a possible antidote to the dangers of expert and potentially deceptive rhetoric and helping to secure the epistemic properties crucial to a successful debate.6 More broadly, parrhesia is thought to have resonated deeply with Athenian political culture. In the Republic, Socrates describes the democratic city as ‘full of freedom and freedom of speech [parrhesia]’, and modern scholars have followed suit in their descriptions of democratic Athens.7 Arlene Saxonhouse, stressing parrhesia’s link with shamelessness, sees it as fundamentally connected to democracy as the regime that ‘breaks from the reverence for what has been and focuses rather on the present and the future’.8 For her, parrhesia, ‘so central to democratic Athens’ self-conception’, is fundamentally anti-hierarchical and egalitarian.9 Sara Monoson, emphasizing parrhesia’s democratic overtones, contrasts a picture of a democratic city teeming with outspoken purveyors of sharp, critical, insight with an inverse image of the cowed subjects of a tyrant. Once again, Plato’s Republic offers a window onto this view: in Socrates’ description of the tyrannical regime, one of the tyrant’s first acts is to dispose of his former allies, on the grounds that they ‘speak freely [parrhesiazesthai] to each other and to him, criticizing what’s happening’.10 The supposed absence of parrhesia under tyranny and its flourishing in democracy can thus be linked to the general anti-tyrannical ideology in fifth- and fourth-century Athens: ‘the practice of parrhesia in politics and personal life at Athens was treated as a sign, indeed as proof, that the Athenians had defeated tyranny at 5 Scholarly work has linked parrhesia with various facets of democratic life. For parrhesia’s relationship to comedy, see S. Halliwell, ‘Comic Satire and Freedom of Speech in Classical Athens’, Journal of Hellenic Studies, 111 (1991), pp. 48–70; and J. Henderson, ‘Attic Old Comedy Frank Speech, and Democracy’, in Democracy, Empire, and the Arts in Fifth-Century Athens, ed. D. Boedeker and K.A. Raaflaub (Cambridge, MA, 1998), pp. 255–74. For parrhesia’s relationship to virtues such as courage see S. Monoson, Plato’s Democratic Entanglements (Princeton, 2000), pp. 52–3; and R. Balot, ‘Free Speech, Courage, and Democratic Deliberation’, in Free Speech in Classical Antiquity, ed. I. Sluiter and R.M. Rosen (Leiden, 2004), pp. 233–60. For its relationship to emotions such as shame see C. Tarnopolsky, Prudes, Perverts, and Tyrants (Princeton, 2010), ch. 3; and A. Saxonhouse, Free Speech and Democracy in Ancient Athens (Cambridge, 2006), esp. ch. 2. For discussions of parrhesia’s place in democratic ideology more broadly, see Monoson, Entanglements and Saxonhouse, Free Speech, along with Elizabeth Markovits, The Politics of Sincerity (University Park, 2008). 6 Monoson, Entanglements, pp. 60–2; cf. Saxonhouse, Free Speech, pp. 92–3, on the contrast between parrhesia and rhetoric. 7 Plato, Republic, in Complete Works, ed. J. Cooper (Indianapolis, 1997), 557b. 8 Saxonhouse, Free Speech, p. 209. 9 Ibid., p. 214. 10 Plato, Republic, 567c. Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction PARRHESIA AND THE DEMOS TYRANNOS 187 home . . . and were now in fact living as free citizens’.11 By and large, the literature on parrhesia and democratic Athens offers an attractive picture of an Athenian demos adhering to a popular ideology with a strong, participatory, critical ethic of parrhesia at its core. Even scholars critical of some aspects of this picture, or sceptical of how well parrhesia actually functioned, agree on its important place in democratic ideology.12 The flourishing research on parrhesia’s relationship to democracy has not been matched, however, with sustained consideration of its place in nondemocratic regimes.13 This is unfortunate for two reasons. First, our understanding of parrhesia is incomplete when we focus only on the democratic context. But more importantly, a consideration of how parrhesia was thought to function in autocracies can and should be the occasion to supplement and clarify our understanding of how it functioned in Athenian democracy. Parrhesia, I argue, was paradigmatically practised by speakers addressing an audience with the power to reward or sanction them for their advice. Insofar as this is true, parrhesia was not so much a norm for deliberation, understood as co-equals jointly and freely deciding on a plan of action by discussing and weighing the possible options, as it was a norm for counsel, understood as an individual offering advice to a decision maker, individual or collective.14 As such it could be practised, in both democracies and autocracies, as a remedial virtue, necessitated by a structural feature common to both autocratic and Athenian democratic decision procedures: at the centre of both was an unaccountable decision maker able to hold advisers to account. The remedial status of this form of parrhesia is underscored when we contrast it with another 11 Monoson, Entanglements, p. 55. For a discussion of the ‘Athenians’ official views and self-representation’ as pertaining to tyranny, see also K.A. Raaflaub, ‘Stick and Glue: the Function of Tyranny in Fifth-Century Athenian Democracy’, in Popular Tyranny, ed. K. Morgan (Austin, 2003), pp. 59–94. 12 See, for example, Markovits, Politics of Sincerity, pp. 65–80. Markovits departs from Monoson’s account of how Plato and Socrates approached the issues surrounding parrhesia. She is also sceptical of the value of ‘straight talk’ for democracy generally, arguing that parrhesia, at its worst, was merely another form of flattering rhetoric. Nonetheless, she largely accepts Monoson’s account of parrhesia’s place in Athenian democratic ideology. See also Saxonhouse, Free Speech, which gives ample space to an exploration of problems with the practice of parrhesia (see especially chapters five and seven), without, however, denying its close association with democracy. 13 But see J. London, ‘How to do things with Fables: Ibn al-Muqaffa‘’s Frank Speech in Stories from KalÌla Wa Dimna’, History of Political Thought, 29 (2)(2008), for a treatment of a kind of parrhesia in an autocratic (but non-Greek) context. D. Konstan also discusses parrhesia’s function in Hellenistic courts in his Friendship in the Classical World (Cambridge, 1997). See below, n. 24, for more on Konstan’s understanding of parrhesia in autocracies. 14 I am here drawing a distinction between ‘deliberation’ and ‘counsel’ even though the Greeks may not have drawn such a sharp division between the two. Keeping the distinction in mind helps to clarify how parrhesia functioned in the Assembly. Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction 188 M. LANDAUER usage of the term: parrhesia could also refer to a privilege of speaking frankly with relative impunity — one that could be either granted or denied by rulers.15 Supporters of the Athenian regime consistently argued that it was in the nature of democracies to grant this privilege to their citizens. But the fact that Athenian democracy required its citizens to cultivate the virtue of risky parrhesia strongly suggests that the privilege of speaking with impunity was not consistently protected. If it was, why would political speech have been risky in the first place? One might even say that speaking with parrhesia — offering bold counsel in the face of significant personal risk — was a democratic virtue only insofar as the demos itself was structurally similar to a tyrant. The argument of the article proceeds as follows. In the first section, I explore texts in which parrhesia is explicitly discussed in autocratic contexts. Here I show that Athenians such as Isocrates thought that parrhesia was important in autocratic as well as democratic settings: parrhesia could serve as a possible counterweight to flattery, itself engendered by the autocrat’s position as sole, unaccountable decision maker, with the power to reward and punish his advisers. Having shown that the need for parrhesia in autocracies arose from the power asymmetry between adviser and decision maker, I argue in the following sections that a similar asymmetry of power obtained in democratic Athens. In Section II, I turn to an analysis of ancient explorations of accountability and its absence in both tyrannies and democratic Athens, and emphasize the structural basis for the rise of the image of the unaccountable demos, analogized to the tyrant: Voters in the Assembly, and Jurors in the popular courts, were thoroughly insulated from Athens’ otherwise extensive network of accountability mechanisms, while simultaneously collectively wielding the power to hold individual citizens accountable. The power asymmetries in the Assembly, I argue, thus parallelled those between the autocrat and his advisers. This analogy provides the background for the argument of 15 Here I depart somewhat from D.M. Carter’s claim that parrhesia was merely an ‘attribute’, ‘something that the citizen of one city was more likely to display than that of another’, and a characteristic that Athenians displayed merely as ‘a sort of side effect of their political enfranchisement’. See D.M. Carter, ‘Citizen Attribute, Negative Right: A Conceptual Difference Between Ancient and Modern Ideas of Freedom of Speech’, in Free Speech in Classical Antiquity, ed. Sluiter and Rosen, pp. 198–9. I agree with Carter that it would be wrong to conceive of parrhesia as a ‘right’, given that it was not absolutely protected by law. Yet parrhesia was also more than just a citizen attribute, since it was conceived of not merely as a ‘side effect’ of political enfranchisement, but as something that could be granted and encouraged (or forbidden and discouraged) by the regime. Moreover, as I explore below, many Athenians expected that granting and encouraging parrhesia would have positive effects. As I argue throughout this article, the word parrhesia could refer both to a privilege of free speech that could be promoted or restricted by the regime, and also to a practice or attribute that could be exercised by citizens, whether or not the privilege of parrhesia was well protected (although, to be sure, where it was not well protected one might expect to find less of it). Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction PARRHESIA AND THE DEMOS TYRANNOS 189 Section III, where I argue that the discourse surrounding parrhesia and flattery in Athens was predicated on important similarities between the democratic Assembly and an autocrat. I conclude with the implications of this analysis for how we should understand Athenian Assembly debate more generally. Parrhesia in Autocracies In spite of parrhesia’s democratic pedigree and associations, there are a number of discussions in fourth-century Athenian literature of parrhesia in autocratic settings. Thus, for example, Aristotle’s Constitution of the Athenians contains a single reference to parrhesia, which, strikingly, is divorced from the democratic context. As Aristotle tells it, a farmer was busy working one day on a plot of marginal land when the tyrant Peisistratus happened by: Peisistratus saw someone working an area that was all stones, and, being surprised, told his attendant to ask what the land produced. ‘Aches and pains,’ the farmer replied; ‘Peisistratus ought to take his 10 per cent of the aches and pains too.’ The man made the reply not knowing that he was speaking to Peisistratus, while the latter was delighted at his frankness [parrhesia] and industriousness, and exempted him from all taxation.16 Scholars who have commented on this passage tend to downplay its importance or quickly move to interpret it within the context of democratic Athens. Sara Monoson sees it as playing on the incongruity of parrhesia being found in a tyranny at all, while Arlene Saxonhouse believes it to reveal more about the values of Aristotle’s fourth-century Athenian contemporaries than the prevalence of ‘frank speaking’ under Peisistratus’ fifth-century tyranny.17 On one level, Saxonhouse is surely right. If we take the story as a tale that fourth-century Athenians told themselves, it says as much or more about their own self-image as it does about how parrhesia might have functioned in tyrannies: the Athenians are proud of their reputation for boldness and frankness. We cannot extrapolate much from this anecdote. Aristotle presents the story in the context of a discussion of the moderateness of Peisistratus’ tyranny; and given the farmer’s ignorance of his conversational partner’s real identity, it is questionable whether the farmer’s quip should count as an example of parrhesia at all. Yet the story also opens the question of parrhesia’s function in non-democratic regimes and of the attitudes of autocrats towards its practice. The tyrant in Plato’s Republic thought parrhesia a danger to his regime, a practice he could not tolerate. Why in contrast did Peisistratus find the farmer’s frankness delightful? 16 Aristotle, Constitution of Athens, in The Politics and the Constitution of Athens, ed. S. Everson (Cambridge, 1996), 16.6. 17 Monoson, Entanglements, p. 55; Saxonhouse, Free Speech, p. 90. Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction 190 M. LANDAUER Two letters, written by Isocrates to autocratic rulers, suggest that perhaps Peisistratus had good reason to be delighted with frankness. In these letters, one to Antipater, who served as Philip’s regent in Macedon, and the other to Nicocles, a king on the island of Cyprus, parrhesia plays a prominent role. The letter to Antipater contains this passage: For it stands to reason that it is because of those who always and by choice speak to please [tous aei pros hedonen legein proairoumenous] that not only monarchies cannot endure — since monarchies are liable to numerous inevitable dangers — but even constitutional governments [politeias] as well, though they enjoy greater security: whereas it is owing to those who speak with absolute frankness in favour of what is best [tous epi toi beltistoi parresiazomenous] that many things are preserved even of those which seem doomed to destruction.18 Those who are accustomed to thinking of parrhesia as a peculiarly democratic practice, should find Isocrates’ claim that parrhesia is a requirement for both autocratic and democratic regimes surprising; indeed, Isocrates seems to be claiming that it is even more important for the former. His argument relies on the contrast between those who speak ‘to please’ and those who speak with parrhesia in favour of what is best. The advice of the former leads to ‘dangers’, while the advice of the latter is salutary. Yet on Isocrates’ account, while monarchs should listen to those frank speakers, they are often seduced into giving ear to the flatterers. In the letter to Antipater, Isocrates illustrates this tendency with an account of a former student, Diodotus, and his experience serving the ‘potentates of Asia’. Diodotus, ‘because of his frankness [dia to parresiazaesthai] in matters involving their best interests’, was deprived of the honours he had expected for his faithful service while ‘the flattery of men of no consequence had greater weight than his own good services’.19 Similarly, Isocrates notes in the beginning of his letter to Nicocles that since most associates of a king ‘consort with them to gain their favour [pros charin homilousin]’, kings are rarely exposed to the kinds of parrhesia and criticism crucial to good education.20 Nicocles and Antipater should be particularly interested in advisers willing to speak with parrhesia, then, primarily because the default tendency of most advisers is to flatter the autocrat. This flattery is itself invited by the autocrat’s position as sole unaccountable decision maker, with the power to reward and punish his advisers. Given this position, those under his power are more likely to tell him what they think he wants to hear, rather than run the risk of giving him what they think is the best advice. Speaking to the autocrat is a risky endeavour, and Diodotus’ experience with the Asian potentates highlights that risk: one’s audience may not appreciate what one has to say. The power 18 19 20 Isocrates, To Antipater, Loeb, Vol. 3, trans. L. Van Hook, para. 6. Ibid. Isocrates, To Nicocles, Loeb, Vol. 1, trans. G. Norlin, paras. 3–4. Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction PARRHESIA AND THE DEMOS TYRANNOS 191 asymmetry between speaker and audience gives rise to a particularly pernicious form of advice-giving — flattering speeches, aiming not at ‘the best’ but ‘to gratify’. This form of speech nullifies the immediate dangers to the speaker, since the end result — if the speech is successful — is a gratified audience. Nonetheless, it is ultimately, in Isocrates’ view, destructive for the ruler: ‘monarchies cannot endure’ when advice aims at gratification and not good policy. We can imagine that, at the limit, the flattery endemic to such asymmetric power relations leads to a vicious circle: advisers, fearing for their positions, tell the autocrat what he wants to hear; the autocrat rewards those who gratify and flatter him, reinforcing the incentive to flatter. The process feeds on itself, with advice tending further and further away from good policy, until the autocrat’s rule collapses. Isocrates’ letters offer two potential ways out of the vicious circle. First, the autocrat can try to mitigate the problem by creating a climate favourable to parrhesia, i.e. by allowing and even encouraging his advisers to offer him their best advice frankly rather than to flatter him. This is the main thrust of Isocrates’ advice to Antipater and Nicocles. As Isocrates tells Antipater, ‘those who declare the truth should be esteemed more than those who, saying everything in order to gratify, speak nothing worthy of gratitude’.21 Nicocles, too, is advised to encourage frank speech. He is counselled to regard as trustworthy not those who praise everything he says and does, but those who point out his mistakes. He should ‘grant parrhesia’ (didou parrhesian) to ‘those with good judgment’ (tois eu phronousin) — that is, allow and encourage those with good judgment to speak freely and frankly — and distinguish between ‘artful flatterers’ (tous technei kolakeuontas) and those who ‘serve him with goodwill’ (tous met’ eunoias therapeuontas).22 Isocrates thus counsels both Nicocles and Antipater to make frankness less risky by granting the privilege of free speech (didonai parrhesian) to at least some advisers and esteeming and rewarding those who speak frankly rather than those who flatter. Yet in recounting the story of Diodotus, who took it upon himself to practice parrhesia even in an inhospitable context, Isocrates offers another, distinct possibility: an adviser can speak up for the best even in situations where 21 Isocrates, To Antipater, para. 7. Isocrates, To Nicocles, paras. 27–8. Cf. Carter, ‘Citizen Attribute, Negative Right’, p. 211: ‘I am not aware of any accounts of historical tyrants restricting free speech . . . a tyrant sees little need actively to discourage free speech when his very person is discouraging enough . . . Because parrhesia is only an attribute, and not anyone’s right, it is not so much something a tyrant actively restricts, as something his subjects are indisposed to exercise.’ That Isocrates attempts to get Nicocles and Antipater to ‘grant parrhesia’ to their advisers suggests that even if we accept Carter’s distinction between a tyrant’s ‘actively’ restricting free speech versus discouraging it (passively?) through his ‘very person’, parrhesia was still seen as something an autocrat or tyrant could promote, e.g. by attempting to establish it as a privilege. 22 Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction 192 M. LANDAUER it is likely that the autocrat does not want to hear it; and in such cases, the adviser’s actions parallel the practice of parrhesia by orators in Athens. Consider, for example, Demosthenes’ presentation of his own parrhesia in the First Philippic: I have spoken my plain sentiments with parrhesia. Yet, certain as I am that it is to your interest to receive the best advice, I could have wished that I were equally certain that to offer such advice is also to the interest of the speaker . . . But, as it is, in the uncertainty of what the result of my proposal may be for myself, yet in the conviction that it will be to your interest to adopt it, I have ventured to address you.23 In speaking up bravely in favour of ‘the best’ rather than speaking to ‘please’, the autocrat’s adviser, like Demosthenes in Athens, engages in risky but salutary critique. Moreover, in both cases the parrhesiastes’ (frank speaker’s) willingness to take on the risk of speaking frankly to the decision maker is itself possible evidence of his trustworthiness, as Isocrates suggests to Nicocles, and as Demosthenes suggests to his audience. Yet the presence of risk in the autocrat–adviser relationship is ambiguous in its effects. It is perhaps true that the speaker’s willingness to face the risks inherent in speaking frankly to the autocrat is a sign of his trustworthiness. This might suggest that the risks play an important role in ensuring that good advice is given. On the other hand, the risks are also the cause of one of the chief forms of pernicious advice giving: if reward and punishment were not contingent on pleasing the autocrat, the motive to flatter would be absent. Indeed, Isocrates’ advice to the autocrats to grant parrhesia to those who are wise, and his attempts to get Antipater and Nicocles to look favourably on frankness more generally, suggest that Isocrates is aware that the riskier frank speech is, the less likely one is to get it. To put it differently, where the privilege of parrhesia is not granted from above, the virtue of parrhesia can still be practised; but there is no guarantee that one’s advisers will willingly take on the risk of speaking frankly.24 It is worth stressing that Isocrates is not, as some have argued, presenting an idealized portrait of the relationship between autocrats and their advisers 23 Demosthenes 4.51, quoted in Monoson, Entanglements, 61. Cf. D. Konstan, Friendship in the Classical World (Cambridge, 1997), p. 94. In an analysis of Isocrates’ letter to Antipater, Konstan notes that ‘frankness is a virtue in a counselor, who must risk the ire of princes foolish enough to be offended when contradicted, even if the advice is in their own interest’. Konstan understands the relationship that obtains between frank speaker and prince to be a form of friendship: ‘To dare to speak the truth in such a context represents the genuine fidelity of a friend and is to be prized.’ Konstan’s focus on friendship leads him to de-emphasize the structural similarities between the practice of parrhesia in democracy (see, e.g., pp. 97 and 102), which I make the focus of this article. 24 Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction PARRHESIA AND THE DEMOS TYRANNOS 193 here.25 It is true that he is keen to portray his own relationship with Nicocles as one marked by frankness, not flattery. This can be contrasted with Isocrates’ advice to his pupils, in the Antidosis and elsewhere, that it might sometimes be necessary to ‘pay court’ to the demos at Athens, to practise therapeia, flattery. Indeed, in the Antidosis, Isocrates notes that one of his pupils, the general Timotheus, failed in his trial before the demos precisely because he refused to flatter them.26 Yet it would be a mistake to take Timotheus’s relationship to the demos as exemplary of the orator–demos relationship while taking Isocrates’ description of his own relationship with Nicocles as exemplary of the adviser–autocrat relationship more generally. This would be to overlook the degree to which Isocrates, throughout his advice to Nicocles and Antipater, remains aware that the problem of flattery is ever present in, and even built into, the adviser–autocrat relationship. For every Timotheus, who ultimately failed at democratic politics because of his refusal to pay court to the demos, Isocrates offers a Diodotus, whose parrhesia and refusal to flatter autocrats caused him equal amounts of trouble. Isocrates has thus offered two possible solutions to the problem of flattery in autocracies, engendered by the autocrat’s position as unaccountable decision maker. But it is not yet clear how this discussion of parrhesia in autocracies might bear on the democratic experience. After all, much seems to differentiate the practice of parrhesia in democracies and autocracies. Not the least important is the institutional context in which parrhesia is deployed: in a democracy, the Assembly is the decision-making body, while in an autocracy, a single man decides. There is also the question of who gets to speak with parrhesia: it is likely that the circle of advisers to an autocrat would be smaller than the set of possible advisers to a democratic Assembly, even accepting the fact that the right to speak at the Assembly, while guaranteed to all citizens, would have been exercised by relatively few. Moreover, Isocrates’ recommendation to Nicocles to grant parrhesia to those with good judgment, and not to all his subjects, reinforces the idea that parrhesia in an autocracy may well have been more limited in scope than in a democracy.27 Given these differences, it might be argued that Isocrates, in keeping with his constitutional pluralism, was simply engaged in transferring some Athenian political knowhow to a foreign regime or two — if parrhesia had been so successful at 25 Cf. K. Morgan, ‘The Tyranny of the Audience in Plato and Isocrates’, in Popular Tyranny, pp. 181–213. In her view, according to Isocrates, ‘the king–advisor relationship is marked by freedom, whereas the orator–demos relationship is marked by flattery . . .’ (p. 186). 26 On Timotheus, see Isocrates, Antidosis, 130–3. See also Morgan, ‘Tyranny of the Audience’, pp. 186–7. I accept Morgan’s claim that Isocrates tells his pupils to flatter the demos, at least sometimes, but do not agree with her that he does not recognize the same need in autocratic contexts. 27 Although, as I argue below, this is not a clear-cut issue — the Attic orators often claim that they, and speakers like them, are not granted parrhesia either. Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction 194 M. LANDAUER ensuring good decision making at Athens, then a form of it, suitably adapted to the less egalitarian climate of an autocracy, could work just as well in such regimes.28 If so, perhaps parrhesia in the autocratic setting tells us nothing about its practice in a democracy. Yet I think this line of argument would too quickly dismiss the significance of parrhesia as it was theorized in the autocratic case for understanding its place in Athens. To show why, I turn in the next section to a broader analysis of the problem of accountability (and its absence) in Greek discussions of both autocracies and democracies; this will prepare the ground for a discussion of the discourse and practice of parrhesia in Athens. Accountability and its Absence As we saw in the previous section, parrhesia in autocracies — whether granted from above or offered from below — offered possible solutions to the problem of flattery, a problem in no small part generated by the ruler’s institutional position and the power asymmetry between him and his advisers. In this section, I explore the tropes in fifth- and fourth-century Greek literature underpinning this description of the problem in autocracies, focusing on the unaccountability of the autocrat, particularly the tyrant. I also show how, in the wake of these images of the unaccountable tyrant, there arose similar claims about the Athenian demos, emanating primarily from what Josiah Ober has called the ‘critical community’.29 As numerous scholars have shown, the analogy between demos and tyrannos was a central theme of fifth- and fourth-century critiques of Athenian democracy.30 All of this is familiar ground, and so here I emphasize only one aspect of the demos–tyrannos analogy: the claim that the demos, like the tyrant, was unaccountable. I also argue that this rhetorical move on the part of the democracy’s critics — analogizing the unaccountability of the demos to that of the tyrant — highlighted a very real fact about the structure of Athenian institutions of accountability. While most forms of political participation in democratic Athens 28 On Isocratean constitutional pluralism, see Morgan, ‘Tyranny of the Audience’, pp. 182, 188–91. 29 See J. Ober, Political Dissent in Democratic Athens (Princeton, 1998). 30 The literature on the tyrant–demos analogy is large. For an overview, see S. Forsdyke, ‘The Uses and Abuses of Tyranny’, in A Companion to Greek and Roman Political Thought, ed. R. Balot (Oxford, 2009), pp. 231–46, and the various contributors to the Popular Tyranny volume. The tyrant–demos analogy took two main forms. First, Athens was sometimes said to rule over her imperial allies in tyrannical fashion. In Thucydides’ Peloponnesian War, for example, Cleon admonishes the Athenians for forgetting ‘that your empire is a despotism [tyrannida] and your subjects disaffected conspirators’, in The Landmark Thucydides, ed. R. Strassler (New York, 1998), section 3.37. The actions of the demos at home were also likened to a tyranny, particularly in their dealings with elites. For examples and citations of relevant literature, see Forsdyke, ‘Uses and Abuses’, pp. 239–40. Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction PARRHESIA AND THE DEMOS TYRANNOS 195 subjected citizens who took part to multiple accountability procedures, Jurors and Assemblymen were privileged within this system, holding others to account but accountable to no one. The ‘constitutional debate’ in Herodotus’ Histories is an important early source for the trope of autocratic unaccountability. Here, Otanes criticizes monarchy as the form of government where ‘it is possible for the ruler to do what he pleases without having to render an account [aneuthunoi]’.31 Such freedom from restraints would render any man a bad ruler: ‘give this power to the best man on earth, and it would stir him to unwonted thoughts’.32 On the other hand, Otanes identifies the accountability of magistrates as one of the three hallmarks of ‘rule by the majority’, along with selection of magistrates by lot and the referral of all proposals to the public.33 The autocrat’s rule, at least according to Otanes, is thus characterized by his ability to do whatever he desires, with impunity, and without having to justify those actions. The autocrat’s reputation for unaccountable rule in accordance with his own desires would become a commonplace, and would crystallize around the figure of a particular kind of autocrat — the tyrant. Plato’s depictions in the Gorgias and Republic of the tyrant’s limitless desires and boundless transgressions of custom and law implicitly trade on the tyrant’s unaccountability.34 In the Politics, Aristotle identifies tyranny in the ‘fullest degree’, ‘the counterpart of universal monarchy’, as the sort of tyranny that ‘exercises unaccountable [anupeuthunos] rule over subjects . . . with a view to its own private interest and not in the interest of the persons ruled’.35 While both Plato and Aristotle left some room for the possibility of a good single ruler, democratic ideology tended to collapse the distinction between tyranny and monarchy. Yet the critique of the tyrant as an irresponsible, unaccountable ruler represented a crucial point of agreement between the critics of the Athenian democracy and exponents of its ideology.36 Thus Aeschines, in his speech Against Ctesiphon, told the jurors, ‘There are, as you know, fellow-citizens, three forms of government in the world tyranny, oligarchy, and democracy. Tyrannies and oligarchies are administered according to the tempers of their lords, but democratic states according to their own established laws.’37 The administration of Athens, in contrast with tyrannies, consisted in part in there being ‘nothing in all the state that is exempt from audit [anupeuthunon], 31 Herodotus, Histories, Loeb, Vol. 2 (Cambridge, MA, 1950), 3.80. Ibid. 33 Ibid. 34 Plato, Gorgias, trans. J.H. Nichols, Jr. (Ithaca, 1998), 466c–470a. 35 Aristotle, Politics, 1295a. 36 See J. Ober, ‘Tyrant Killing as Therapeutic Stasis: A Political Debate in Images and Texts’, in Popular Tyranny, ed. Morgan, p. 215. 37 Aeschines, Against Ctesiphon, para. 6. 32 Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction 196 M. LANDAUER investigation, and examination’.38 For Aeschines, then, the unaccountable tyrant stood as the antithesis of democratic Athens; whereas political actors at Athens were held accountable, the tyrant was not. Yet not all observers and participants in Athenian political life agreed with Aeschines’ claim that nothing and no one in Athens was exempt from ‘audit, investigation, and examination’. At least by the late fifth century, we find critics of the democracy pointing to exceptions. For example, in Aristophanes’ Wasps, Philocleon glories in his and his fellow jurors’ unaccountability. After gleefully recounting the benefits of jury service, Philocleon concludes: ‘And for doing all this we can’t be called to account [anupeuthunoi], something no other office holders can claim.’ Here Aristophanes, in highlighting the jurors’ unaccountability using the language one might expect to see in a denunciation of tyrants, begins to blur the line between the two.39 Xenophon’s account of the illegal collective trial of six generals after the battle of Arginusae (406 BC), for their failure to rescue Athenian sailors whose triremes had been destroyed, also trades on the unaccountable demos–tyrant analogy. In the aftermath of the battle, procedures to determine who was at fault for the disaster began almost immediately, with demands in the Assembly that the generals be called to account and ‘furnish the reason why they did not pick up the shipwrecked men’.40 At the climactic moment of the trial, Xenophon contrasts the accountability of the generals with the demos’s own status: when one Euryptolemus tries to indict Callixeinus, who proposed to try the generals collectively, for having made an illegal proposal, Xenophon writes that the majority of the Assembly responds sharply, crying out ‘that it would be terrible if someone were to prevent the people from doing what it wished’.41 As Sara Forsdyke has noted, Xenophon’s use of the phrase ‘what it wished’ recalls ‘the traditional portrait of the tyrant who can do whatever he wants without being held to account’ that can be traced back to Herodotus.42 The strangeness of the anecdote — did the ‘majority’ of those sitting in the Assembly, some three-thousand individuals, really shout something out in unison? — highlights the comparison Xenophon is seeking to make between demos and tyrant. In Xenophon’s view, the aftermath of the trial underscores the asymmetry of accountability at Athens. As he writes, ‘Not a long time later, the Athenians repented [their earlier decision], and decreed that those who had deceived the demos be prosecuted, and that securities be set down 38 Ibid., para. 22. Indeed, Aeschines takes this to be so constitutive of Athenian good rule that he makes the claim twice; cf. 3.17: ‘In this city, so ancient and so great, no man is free from the audit who has held any public trust.’ 39 Aristophanes, Wasps, in the Loeb Aristophanes II, trans. Jeffrey Henderson (Cambridge, MA, 1998), lines 578–87. 40 Xenophon, Hellenica, 1.7.4. 41 Ibid., 1.7.12, translation mine. 42 Forsdyke, ‘Uses and Abuses’, p. 240. Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction PARRHESIA AND THE DEMOS TYRANNOS 197 until they were tried; and among them was Callixeinus.’43 Callixeinus was found guilty, and although he escaped before his trial during the tumultuous period of oligarchic revolution, he is reputed to have starved to death upon his return to Athens, apparently universally detested for the role he played in the affair. It is uncontroversial that the demos was responsible for the decision to try the generals collectively; indeed, the Assemblymen’s response to Euryptolemus that they should not be prevented from doing what they wished suggests that the members of the Assembly viewed themselves as the responsible agents, at least at this point in time. Nonetheless, when the decision to try the generals collectively comes to be recognized as a poor one, the demos is not held accountable. Rather, the demos holds others to account: accountability is borne solely by the proposers of the decree, who are charged with deceiving the people.44 Aeschines’ claims for the comprehensiveness of Athenian institutions of accountability notwithstanding, the analogy to tyranny — at least with respect to this issue — was not inapt. The crucial point was not whether accountability was central to Athenian democratic theory and practice (it was), but the answer to the following question: who at Athens was accountable to whom? In both the fifth- and fourth-century Athenian democracy, institutions existed to hold citizens participating in politics accountable to the polis; and from the mid-fifth century on, accountability to the polis increasingly meant accountability to the people, in the Assembly and in the Courts, even while citizens participating in these forums were themselves unaccountable.45 In keeping with Otanes’ description of ‘rule by the majority’, magistrates were subject to a number of procedures before, after, and, in exceptional cases, during, their term of office. At the dokimasia ton archon, a potential magistrate selected by election or sortition could subsequently be rejected for not meeting citizenship or age requirements, or if he had been found guilty of a crime punishable with atimia (loss of citizenship rights). Held before a popular jury, the dokimasia procedure also allowed any citizen to come forward and require the prospective magistrate to explain and defend his past actions 43 Xenophon, Hellenica, 1.7.35, translation mine. See also my discussion of Diodotus’ speech in Thucydides’ Peloponnesian War, below, fn. 72, and of Aristotle’s account of final democracy and its relation to law, below, p. 206. 45 The rise of popular institutions of accountability was an important aspect of the development of popular sovereignty at Athens throughout the fifth century. Many of the accountability institutions discussed in this paragraph had pre-democratic, non-popular precursors. For example, it is likely that archons originally faced their dokimasia before the Aereopagus, rather than popular courts. For an attempt at reconstructing the historical development of the institutions of accountability in the fifth century, see M. Ostwald, From Popular Sovereignty to the Sovereignty of Law (Berkeley, 1986), pp. 40–77. 44 Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction 198 M. LANDAUER and way of life.46 Upon completion of their duties, magistrates were audited through the euthunai. At the euthunai, magistrates had to give an account of all public funds used and disbursed by them while in office, as well as of their actions more generally. Both citizens and metics could present written accusations against an outgoing magistrate, charging him either with neglect or positive malfeasance, and charges could result in trials before popular juries. Finally, during their tenure magistrates could be removed through impeachment procedures such as the eisangelia. Used primarily for serious breaches of public trust, such as treason, sedition and corruption, an eisangelia could result in a trial before the Assembly or a popular jury; the usual penalty in a successful eisangelia trial was death.47 Orators in the Assembly, holding no magistracy, were not subject either to the dokimasia ton archon or euthunai. Nonetheless, a number of institutions served to hold them accountable as well. Informally, orators had to worry about immediate audience response in the form of the thorubos, the clamorous response of the demos which could drive a speaker from the rostrum. Formally, orators were potentially subject to eisangelia and, probably from the mid-fifth century on, were also liable to the graphe paranomon.48 While the name of the latter charge suggests it was used against speakers initiating unlawful or unconstitutional proposals, its use extended to cases where the proposal had been found to be unwise, harmful, or even merely undesirable. Tried before a popular court, a successful graphe paranomon resulted both in the annulment of the decree and a fine for its proposer, which could range from the merely nominal to the crushingly heavy.49 Thus orators were potentially accountable for the advice they gave: they could be called on to defend their actions and could be punished if they were unable to do so to the satisfaction of a popular jury. Individual Athenians actively participating in politics could thus find themselves called upon to give an account of their actions, and could be penalized by their fellow citizens should their account be deemed unsatisfactory.50 Nonetheless, there were two important modes of participation that stood outside — or better yet, above — this dense network of accountability institutions. As Philocleon boasted, and Xenophon perhaps bemoaned, the demos 46 In the wake of the oligarchic revolutions of 404/3, some citizens were rejected at their later dokimasia for harbouring oligarchic sympathies. See Hansen, Athenian Democracy, pp. 218–20. 47 Hansen, Athenian Democracy, p. 215. 48 The rise of the graphe paranomon at some point in the fifth century has been linked by some scholars to the decline of ostracism, which could likewise be used to hold non-magistrates accountable. See J. Tolbert Roberts, Accountability in Athenian Government (Madison, 1982), pp. 153–8. 49 On the graphe paranomon, see Hansen, Athenian Democracy, pp. 205–12. 50 Cf. Peter Euben’s analysis of the Greek notion of accountability in Corrupting Youth (Princeton, 1997), n.21, p. 97. Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction PARRHESIA AND THE DEMOS TYRANNOS 199 voting in the ekklesia and the large panels of citizen Jurors were unaccountable, both individually and collectively. Citizens could not be called on to explain their votes in either forum, nor could they be held responsible for how they voted. While decisions of the Assembly could be overturned, the procedure for doing so (as with the graphe paranomon) assigned responsibility for the poor decision to the orator who made the proposal, not the demos (or part of the demos) that voted for it (as we saw in Xenophon’s account of the aftermath of Arginusae). Thus, at least on the level of formal institutions, two prominent political actors — the Assemblyman and the Juror — were able to hold political actors to account without themselves being made accountable. Why this should have been so is an interesting question with multiple possible explanations. Hansen and others have sought to explain it by invoking an epistemic assumption central to democratic ideology about the superiority of the judging demos: the demos is never blamed, individually or collectively, because it is very unlikely — or impossible — that it is truly at fault in any given case of bad decision-making.51 Yet quite apart from any epistemic justification of the practice, blaming the demos or juries for poor decisions may well have been considered incompatible with the Athenian understanding of democracy as a system that empowered the people. On this view, the privileged position of the judging demos within the institutions of accountability at Athens was consonant with — perhaps required by — the basic tenets of democracy. It is also possible that the Athenians did not believe that any individual’s voting behaviour could be so egregious as to rise to the level of a punishable offence.52 And if it would not have made sense to hold any individual accountable for his vote, neither would it have been particularly feasible to hold the demos or a jury collectively responsible. First, most, if not all, mechanisms of accountability at Athens were directed at holding individuals, rather than corporate bodies, accountable; this principle was what made the collective trial of the generals after Arginusae so shocking and so uncharacteristic.53 Nor is it clear how one could effectively hold the Assembly or Jury collectively accountable; to punish thousands of citizens for how they voted 51 Hansen, Athenian Democracy, p. 207. The status of Jurors and Assemblymen as idiotai (‘private citizens’), as opposed to politeuomenoi or archontes (citizens taking very active roles in politics and magistrates), is crucial, in my view, to understanding how and why Athenians thought it legitimate to leave them unaccountable. Judicial rhetoric abounds with references to an individual’s status as an idiotes as a reason to treat him leniently or not to prosecute him (e.g. Demosthenes 19.182, 24.66; Aeschines 1.195). To the degree that Jurors and Assemblymen were seen as idiotai, then, they were not taken to be fit objects of Athens’ formidable machinery of accountability. 53 See Hansen, Athenian Democracy, p. 221, for one possible exception to this rule — magistrates sitting on boards could be collectively suspended from office following a vote of the Assembly until a Court could convene to consider any charges against them (apocheirotonia). 52 Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction 200 M. LANDAUER in making a poor decision would have been prima facie impractical, not to say absurd. Thus, while there may have been sound reasons to leave ordinary Jurors and Assemblymen, individually and collectively, outside the formal system of accountability, their special status was an obvious exception to the general rule. Some scholars might argue that the contrast between an unaccountable demos and a host of other accountable political actors is overdrawn. Elizabeth Markovits, for example, claims that Athenian democracy was characterized by a spirit of mutual accountability, whereby all citizens felt accountable to one another. She adduces as evidence for her claim the ‘spirit of civic-mindedness’ among Athenian citizens; the dokimasia that all citizens underwent when enrolling in their demes at age eighteen; ostracism, which could be used against any citizen whatsoever; the requirement of Jurors to give oaths; and the informal power of gossip, with potential social sanctions for those who might act poorly in the Assembly or the Law Courts.54 Peter Euben has likewise argued that Athens possessed a ‘generalized culture of accountability’, pointing to the dokimasia and the euthunai as its main institutional embodiments.55 While all of these factors may have shaped citizen behaviour, it is clear that Jurors and Assemblymen faced a very different sort of scrutiny than the one faced by other citizens active in politics.56 This asymmetry in the accountability relationship had real political effects, in particular when mass groups of unaccountable citizens had the power to hold others accountable. It is against the backdrop of the Athenian demos’s privileged position within the system of accountability — the fact that they were themselves unaccountable while able to hold others to account — that the practice of parrhesia at Athens, and the discourse surrounding it, must be understood. Flattery and Parrhesia at Athens Recall that there were two ways in which parrhesia could feature in the autocrat–adviser relationship, given the power asymmetry between the two. Parrhesia could be granted from above, as when Isocrates urges Nicocles to 54 Markovits, Politics of Sincerity, pp. 54–5, 60–1. Markovits also draws on an argument by Adrianne Lanni, who shows that the corona of spectators surrounding each jury trial had an effect on the behaviour of both litigators and jurors, and served the function of holding the jurors at least informally accountable. See A. Lanni, ‘Spectator Sport or Serious Politics? Hoi periestekotes and the Athenian lawcourts’, Journal of Hellenic Studies, 117 (1997). Yet the informal corona stands in marked contrast to the formal mechanisms that served to scrutinize and hold accountable most other actors in Athenian political life. 55 Euben, Corrupting Youth, p. 97. 56 Indeed, even those arguing for generalized accountability at Athens acknowledge this. In spite of Euben’s claim that, at Athens, ‘people were scrutinized and held accountable anytime they proposed or opposed an action or decision’, he also admits that ‘for better or worse, members of the juries and nonspeakers in the Athenian Assembly [i.e. voters] . . . were not subject to the same intense scrutiny’ (ibid., pp. 97–8). Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction PARRHESIA AND THE DEMOS TYRANNOS 201 ‘grant parrhesia’ to his trusted advisers. Parrhesia could also be practised independently of such a privilege, as when Diodotus spoke frankly to the ‘Asian potentates’ he advised, even though to do so carried the risk that he would be ignored, unrewarded for his efforts or, worse, punished for his frankness. Given the parallels between unaccountable demos and unaccountable autocrat established in the previous section, we can now see that parrhesia at Athens could feature in the orator–demos relationship in the same two ways. In his display speech On the Peace, Isocrates imagines critically rebuking his fellow citizens: I know that it is hazardous to oppose your views and that, although this is a free government [demokratia], there exists no ‘freedom of speech’ [parrhesia] except that which is enjoyed in this Assembly by the most senseless orators, who care nothing for you [tois aphronestatois kai meden humon phrontizousin], and in the theater by the comic poets.57 Isocrates identifies the cause of this state of affairs in the preceding passages of the speech, echoing the language of his warnings to Nicocles and Antipater. The Athenians have refused to hear speeches from anyone except those ‘who accede in what [they] desire’.58 They recognize the dangers ‘flatterers [ton kolakeuonton]’ pose in their personal lives but place ‘greater confidence in them [mallon toutois pisteuontes]’ than in their franker fellow citizens ‘when it comes to public matters’.59 As Isocrates argues: You have made the orators care for and investigate, not what will be advantageous for the city, but how they can speak to win your favor. And the majority of them are now inclined to speak in that way. For it is clear to all that you will take pleasure in those calling you to war rather than in those counseling peace.60 Thus, just as in autocratic regimes, a vicious circle arises, with political advisers telling the demos what they think it wants to hear, and the demos reinforcing this habit by only listening to those speakers. Isocrates had advised Nicocles to ‘grant parrhesia’ to trusted advisers; in noting that ‘there exists no parrhesia’ in Athens, he stresses that the demos has failed to do so. The consequences for the democracy are potentially grave: in the case Isocrates has in mind, the Athenians refuse to listen to those speakers advocating peace with their enemies, and instead are persuaded to carry on a costly war. The institutional context is also worth stressing: Isocrates claims that parrhesia does not exist because the demos — freed like the autocrat from the burdens of being held accountable, and able to punish and reward its advisers at will — has 57 58 59 60 Isocrates, On the Peace, Loeb, Vol. 2, para. 14. Ibid., para. 3. Ibid., para. 4. Ibid., para. 5. Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction 202 M. LANDAUER begun to fall prey to the kind of rhetoric such insulation from accountability breeds. In his lectures on parrhesia, Foucault interprets Isocrates’ speech as a sign of a ‘crisis of democratic institutions’. In his view, by Isocrates’ time, parrhesia had ceased to function properly. Flattering orators, telling audiences only what they wanted to hear, left no space for the ‘honest orator’ who ‘has the ability, and is courageous enough, to oppose the demos’. There is a fundamental opposition between the will of the demos and the best interests of the city; because of this, ‘real parrhesia, parrhesia in its positive, critical sense, does not exist where democracy exists’.61 Foucault’s interpretation correctly identifies many of the key features of Isocrates’ argument — the problem of flattery and the tension between the will of the people and what Isocrates takes to be the best interests of the city — but his conclusion strikes me as misguided. Isocrates’ speech, I think, is better read not as evidence for the decline of parrhesia in the fourth century but as highlighting an important way in which parrhesia operated: parrhesia, understood as the virtue of bold, risky speech, was necessary precisely because the unaccountable demos was unwilling — or unable — to grant orators parrhesia, i.e. to guarantee them the privilege of speaking frankly. Our understanding of parrhesia as a cornerstone of democratic ideology has to be supplemented by emphasizing that, at least in the Assembly, it was often a kind of remedial practice necessitated by the institutional power of the demos. This view also underscores the need for a reappraisal of the role of risk in the practice of parrhesia in Athens. The dangers of speaking in the Assembly are often portrayed in contemporary scholarship as a means of making orators accountable to the demos for the advice that they gave.62 Monoson, Markovits and others have argued that parrhesia played an important vetting role in this system of accountability: an orator speaking with parrhesia willingly shouldered the burden of that risk in the best interests of the city, and his willingness to do so counted as evidence for his public-spiritedness. The conclusion drawn, then, is that ‘[t]he risks [the orators faced] were not thought by the Athenians to undermine or even conflict with the practice of frank speech. Rather, the risks affirmed that the speaker could be held accountable for the advice ventured.’63 But as Isocrates’ analysis suggests, the riskiness of speaking to the demos, which was the consequence of the power asymmetry between the demos and its advisers, could just as easily lead to flattery as it could to parrhesia. Monoson recognizes this problem in the autocratic case: 61 M. Foucault, Fearless Speech (Los Angeles, 2001), pp. 82–3. See Monoson, Entanglements, p. 55; Markovits, Politics of Sincerity, ch. 2. 63 Monoson, Entanglements, p. 55. Cf. Balot, ‘Free Speech’, pp. 244–6, who argues that the thorubos, viewed positively by a number of scholars, could have detrimental effects on democratic debate for reasons similar to those I discuss here in reference to the asymmetrical accountability relationship between the orators and the demos. 62 Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction PARRHESIA AND THE DEMOS TYRANNOS 203 ‘a tyrant’s arbitrary, unaccountable, and absolute power virtually precluded that individuals would risk saying anything other than what the tyrant wished to hear’.64 Yet she does not recognize the parallels between the tyrant’s situation and the situation of the demos, and thereby does not grasp the complexity of the relationship between parrhesia and Athenian democracy. One might argue that Isocrates’ presentation of the parallel dynamics of parrhesia in autocracies and Athens comprises a warped, ‘Isocratean’ view of the democracy that Athenian democrats themselves would not have accepted. Yet the analysis of these parallels was not limited to critics of the democracy. In many respects, Demosthenes’ analysis of parrhesia’s presence (and absence) in the Athenian Assembly shares much with the Isocratean view. In the Third Philippic, Demosthenes complains — speaking with parrhesia — that Athens, famous for allowing a measure of parrhesia even to slaves and foreigners, nonetheless has banished it from Assembly debate. Rather than listening to good advice, the demos is flattered by pleasant speeches, with the result that the city runs great risks: I think, men of Athens, that if I speak something of the truth frankly [meta parrhesia], none of you will on that account become angry with me. For look at it this way. In other matters you think it is so necessary for there to be general freedom of speech [parrhesian . . . koinen] for everyone in the city that you even allow aliens and slaves to share in it . . . but from your deliberations you have banished it altogether. Hence the result is that in the Assembly your self-complacency is flattered by hearing none but pleasant speeches, but your policy and your practice are already involving you in the gravest peril.65 In this passage, Demosthenes invokes both of the senses of parrhesia that we have explored throughout this article. On the one hand, Demosthenes claims that granting the privilege of parrhesia is a practice the Athenians pride themselves on, to the extent that perhaps even foreigners and slaves share in it.66 Demosthenes also points out that this privilege is not properly secured in the Assembly — indeed, it is ‘banished altogether’. Yet this does not mean that Demosthenes cannot speak frankly (after all, he is doing so, or claims to be doing so, in this very speech). But it does mean that he has to practise the virtue of parrhesia from below, in the face of potential censure, and must take on the risk that entails. And it is far from clear that Demosthenes thinks that risk 64 Monoson, Entanglements, p. 55. Demosthenes, Loeb, Vol. 1, Orations, trans. J.H. Vince (Cambridge, MA, 1930), 9.3–9.4. Cf. Carter’s discussion of this passage in ‘Citizen Attribute, Negative Right’, pp. 208–9. 66 Cf. Demosthenes, Orations, 15.1: ‘I think it necessary, men of Athens, when deciding about such great matters, to grant parrhesia (didonai parrhesian) to each of your advisers.’ In this passage, too, Demosthenes takes parrhesia to be a privilege that can be granted, using the same language (didonai parrhesian) as Isocrates offers to Nicocles (see note 22, above). 65 Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction 204 M. LANDAUER helps to ensure good debate; rather, at least in this instance, it seems to have encouraged flattery, at least on the part of the other orators.67 Despite these similarities, Demosthenes must be distinguished from Isocrates in two respects. First, unlike Isocrates, who never spoke in the Assembly, Demosthenes directly challenges the demos — he willingly speaks with parrhesia in the Assembly even under circumstances where such frank speech is not encouraged and may not be rewarded. In both the Third Philippic and On the Chersonese, Demosthenes contrasts his own parrhesia with the flattery of his fellow orators, thereby practising the virtue of parrhesia that Isocrates merely preached. Second, Demosthenes also offers a divergent analysis of what he takes to be the cause of the pathologies of Assembly debate: the corruption of the demos by the orators. When Demosthenes repeats his critique of Assembly debate from the Third Philippic almost verbatim in On the Chersonese, he blames his fellow orators for the deficiencies of Assembly debate: ‘by persuasive arts and caresses they have brought you to such a frame of mind that in your assemblies you are elated by their flattery and have no ear but for compliments, while in your policy and your practice you are at this moment running the gravest risks’.68 Whereas Isocrates seems to hold the demos primarily responsible for the rise of flattery — in his mind, the demos has all but forced the orators to flatter — Demosthenes asserts that the orators are to blame. Demosthenes further explores the dynamics of oratorical corruption of the demos in the Third Olynthiac. The problems the Athenians face can be traced back to the ‘popularity hunting [pros charin demegorein]’ of some of the orators.69 Rather than proposing good public policy, the orators ply the demos with questions such as ‘what would you like? What shall I propose? How can I oblige you?’.70 One might be tempted to take such an assertion as support for an Isocratean analysis of the power asymmetry between demos or autocrat and advisers. The obsequious questions the orators ask could be seen as the natural response to their inferior position — they can profit only by offering 67 The claim that the demos will only listen to flatterers finds perhaps its most famous exposition in Plato’s Gorgias, where Socrates identifies rhetoric as a ‘part of flattery’ and argues that this kind of persuasive speech finds its natural home in the presence of large, uninformed audiences (Plato’s characterization of the dikasteria and ekklesia); see Gorgias, 459a–466a. I am not merely arguing that the flattery of the orators has to be understood within the context of the asymmetric accountability relationship between demos and orator; I am also arguing that parrhesia, at least in its manifestation as risky speech, has to be understood as arising from this same context. The risky practice of parrhesia is an alternative to flattery, and a potential remedy to it, but its very riskiness underlines the fact that it is a product of the institutional circumstances that too often produce flattery, not frank speech. 68 Demosthenes, Orations, 8.34. 69 Ibid., 3.3. 70 Ibid., 3.22. Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction PARRHESIA AND THE DEMOS TYRANNOS 205 the demos exactly what it wants. Strikingly, however, Demosthenes seems to draw the opposite conclusion. Contrasting Assembly debate before the process of corruption began and its current state, Demosthenes says the following: What is the cause of all this, and why, pray, did everything go well then that now goes amiss? Because then the people, having the courage to act and to fight, were the master [despotes] of the politicians and were themselves the dispensers of all favours [kurios autos hapanton ton agathon]; the rest were well content to accept at the people’s hand honour and authority and reward. Now, on the contrary, the politicians hold the purse-strings and manage everything, while you, the people, robbed of nerve and sinew, stripped of wealth and of allies, have sunk to the level of lackeys and hangerson [en huperetou kai prosthekes merei gegenesthe] . . . 71 The flattery and obsequiousness of the orators, Demosthenes claims, is not a sign of the demos’s power but rather of that power’s usurpation by a few. To some extent, Demosthenes is exaggerating the powerlessness of the demos here for rhetorical effect: using the image of a debased and weakened demos, Demosthenes hopes to shame the Assembly into adopting his activist and energetic policies against the Macedonians. His argument is still ultimately premised on the demos being the chief decision maker: the obsequious questions of the orators only make sense given this premise, as does the very occasion for Demosthenes to give the speech. If the demos could not change its policies as it saw fit, there would be no point in Demosthenes attempting to persuade it. Yet by highlighting the orators’ role in starting up the vicious circle of flattery, Demosthenes both minimizes the responsibility the demos bears in the situation and points to a way forward: if the orators were not out to corrupt, and the demos were more jealous of its own sovereignty and mindful of its own good, the vicious circle could be avoided.72 Demosthenes is also making an important observation here about the power dynamics between a 71 Ibid., 3.30–31. It is worth contrasting Demosthenes’ and Isocrates’ responses to the pathologies of Assembly debate with Diodotus’ in Thucydides’ account of the Mytilenean debate. As Mary Dietz has noted, Diodotus is speaking within ‘an already corrupted situation’ in which his desire not to be punished by the demos and his agonal struggle with Cleon supervene on his attempt to persuade the Athenians of what he takes to be the best course of action. See M. Dietz, Turning Operations (New York, 2002), p. 157. Diodotus’ discussion of accountability in diagnosing the ‘corrupted’ state of Assembly debate is particularly salient. As he tells the demos: ‘we, your advisers, are responsible, while you, our audience are not so. For if those of you who gave the advice, and those who took it, suffered equally, you would judge more calmly; as it is, you visit the disasters into which the whim of the moment may have led you, upon the single person of your adviser, not upon yourselves, his numerous companions in error.’ (Thucydides, 3.43.5). Strikingly, Diodotus, while recognizing the asymmetry of accountability between demos and orator, seems to call less for relaxing the potential sanctions on orators (although cf. 3.42.5) than for extending such sanctions to the demos. Diodotus’ solution, then, might be for the burdens of accountability to be shared more equally, rather than to be sloughed off 72 Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction 206 M. LANDAUER flattering adviser and a decision maker: at the limit, flattery undermines the ruler’s own power. This happens not only because bad advice leads to bad policies, but also because once the vicious circle of flattery and its rewards starts up, it becomes difficult to say who is really controlling whom. Is the demos using the orators or is it being used? The ambiguity of the power relationship analysed in the Third Olynthiac is reminiscent of Aristotle’s analysis, in Book IV of the Politics, of the relationship between the demos and demagogues in the final form of democracy. Yet Aristotle’s account, while confirming aspects of Demosthenes’ analysis, also points to its limits. In the final form of democracy — of which Aristotle would consider Athens an example — Aristotle writes, ‘not the law, but the multitude [to plethos], have the supreme power [kurion einai], and supersede the law by their decrees’.73 In Aristotle’s view, it is the absence of the rule of law that leads to demagoguery and flattery: ‘where the laws are not sovereign, then demagogues arise’. Aristotle goes on to argue that under these conditions the power of the demos closely resembles the power of a tyrant, and in both regimes, flatterers are honoured.74 With the demagogue playing the flatterer to the tyrannical demos, the analysis of which party is truly in charge becomes blurred: ‘For it happens that they [the demagogues] become great because the demos has the supreme power over all things, while they have the supreme power over the opinion of the people; for the multitude is persuaded by them.’75 In such regimes, Aristotle suggests, the demos is paradoxically both tyrant and tool of the orators. Both Aristotle and Demosthenes, then, have focused on the problematic ambiguities of the orator–demos relationship. Yet Aristotle’s explicit focus on the institutional basis for that relationship seems to preclude Demosthenes’ voluntarist solution to the problem. The issue is not that orators must be reined in by the demos; rather, Aristotle claims that any democracy in which such a relationship between demos and orators is even possible is structurally flawed. Where the demos has unlimited, unaccountable power to judge matters, Aristotle claims, flattery is the expected result. Aristotle does not explicitly deny that, even under such circumstances, good orators might be able to challenge the demos and speak with parrhesia, but nor does he suggest that this would be a likely outcome. Of course, if Aristotle’s solution to the problem of flattery is a ‘moderate’ democracy, subordinate to the law, in which the people do not judge all entirely. Unfortunately, I do not have the space to argue for this view more fully here, nor to discuss its implications. See also Saxonhouse, Free Speech, pp. 153–63, for a discussion of Diodotus’ and Cleon’s speeches as they relate to parrhesia; and J. Zumbrunnen, Silence and Democracy (University Park, 2008), pp. 112–13, 119, for a discussion of Diodotus’ speech and the question of collective responsibility at Athens. 73 Aristotle, Politics, 1292a5–8. 74 Ibid., 1292a18–20. 75 Ibid., 1292a26–28. Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction PARRHESIA AND THE DEMOS TYRANNOS 207 matters, then his solution is not one an Athenian democrat could accept. Indeed, a good democrat would reject Aristotle’s framing of the problem, and counter that the people, judging matters in the courts and the Assembly, are actually the best guardians of the rule of law, not its underminers. Recall Aeschines’ argument from his Against Ctesiphon, where the demos’s powers to judge matters and hold elites accountable are held up as great bulwarks defending the rule of law: Tyrannies and oligarchies are administered according to the tempers of their lords, but democratic states according to their own established laws. Let no man among you forget this, but let each bear distinctly in mind that when he enters a court-room to sit as juror in a suit against an illegal motion [graphe paranomon], on that day he is to cast his vote for or against his own freedom of speech [parrhesia].76 Aeschines, in calling on the Athenians here to defend the rule of law by continuing to hold elites accountable, may have been correct that the parrhesia of ordinary citizens — understood as the privilege of speaking freely and frankly, and which Athens prided itself on promoting — depended on the robust popular control of elites, who might otherwise attempt to subvert democratic norms and institutions. But in defending the graphe paranomon, he was also calling for the preservation of an institution that made the practice of frank speech in the Assembly rarer, riskier and more difficult. Conclusion The contrast between flattery and parrhesia, and the parallels between the institutional positions of the tyrant and the demos, complicate our understanding of the conceptualization and practice of parrhesia in Athens. Far from marking off a clear boundary between tyrannical and democratic regimes, the discourse surrounding parrhesia in Athens often highlighted the similarities between the demos and the autocrat. While both the autocrat and the demos could ‘grant parrhesia’ to their advisers, such freedom was not a foregone conclusion. Absent this privilege, advisers could still practise the virtue of risky parrhesia in addressing their audiences, but parrhesia in this sense is therefore a remedial mode of advising unaccountable decision makers who have the power to hold their advisers to account. The above analysis thus emphasizes the ways in which the practice of parrhesia in many contexts was predicated on inequalities and asymmetries of power. Our understanding of parrhesia’s egalitarian, democratic overtones should be accordingly modified. Placing that power asymmetry at the centre of the analysis of parrhesia suggests a distinction important for our understanding Athenian Assembly debate more generally. Parrhesia is less a norm for deliberation than it is a norm for counsel. Athens was not a deliberative democracy but a democracy 76 Aeschines, Against Ctesiphon, para. 6. Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction 208 M. LANDAUER with a sovereign demos and a host of advisers. An analysis of the parallels between autocratic and democratic decision making, and the kinds of flattering advice they both invite, suggests that the democratic ideals of sound political discussion and strong popular control did not necessarily go hand in hand. Quite to the contrary, there was a potential trade-off between popular control of elites, as institutionalized in the methods for holding orators accountable, and high quality political debate, if the latter is thought to require a minimum of flattery. It is true that even when the privilege of speaking freely was not granted, parrhesia was still a practice that could help to minimize the problem of flattery — but this required an orator to take real risks, and insofar as a supply of orators willing to take those risks could not be guaranteed, flattery was a problem endemic to the Assembly. That the Athenians were committed both to popular control of elites and to decision making informed by sound counsel does not mean that these commitments always fit naturally together.77 Matthew Landauer HARVARD UNIVERSITY 77 What I have been calling flattery in this article also shares a number of features with what Simone Chambers has recently called ‘plebiscitary rhetoric’. See S. Chambers, ‘Rhetoric and the Public Sphere: Has Deliberative Democracy Abandoned Mass Democracy?’, Political Theory, 37 (2009), pp. 323–51. Chambers views the Greek understanding of plebiscitary rhetoric, exemplified in the Gorgias, as arising owing to the lack of ‘dialogic accountability’ between orator and demos. Yet the absence of dialogic accountability does not mean that the relationship was characterized by a total lack of accountability; instead, the accountability relationship ran only one way, with the assembled citizens able to hold the orators accountable but not vice-versa. While this may have precluded the citizens from enjoying the epistemic benefits of deliberation (as opposed to rhetoric-infused counsel), it did allow them a measure of control over political elites. Thus one way of understanding my analysis of parrhesia and flattery in Athens is as an attempt to explore the relationship between institutions of accountability and the thriving practice of plebiscitary rhetoric in the Athenian Assembly. From this vantage point, the relevance of the Athenian case to contemporary democracies becomes clear, for we too have institutions of accountability that may be implicated in the flourishing of plebiscitary rhetoric — elections and campaigns come to mind as central examples. We should be mindful of the potential tradeoff between holding political elites accountable and encouraging sound political discussion, particularly in an era in which both accountability and high-quality debate sometimes seem to be in short supply. Copyright (c) Imprint Academic 2011 For personal use only -- not for reproduction