Politeia within the Polis – A Assortment of Unmitigated Pedantry
That is the second publish of our three-part collection (I) trying on the construction of the traditional Greek polis. Final week we checked out how the Greeks understood the part elements of a polis, so this week we’re going to have a look at how these elements have been ruled.
The Greek time period for the construction of a polis authorities was its politeia (πολιτεία), a which might may imply the federal government (the way in which we might say ‘the state’) or the construction of that authorities (it’s ‘structure’) or the rights and circumstances of the citizenry (within the sense of ‘citizenship’); as with the various meanings of polis, the various meanings of politeia all shade into one another and are understood as blended.
As a result of this week we’re within the politeia of a polis, that’s going to imply we’re largely centered on the politai, the residents, who we mentioned final time as one of many key constructing blocks of the polis. Now, as we famous final time, its necessary to take into account that the politai should not all the individuals within the polis or certainly even very lots of them: girls, youngsters, resident foreigners, native members of non-citizen free underclasses and slaves have been all set exterior the politai and sometimes had no technique of gaining entrance. We’re going to speak about all of these of us in additional depth within the third half, the place we’ll have a look at the standing layer-cake of polis society. However for now I simply need to be aware that every one of these persons are there, even when they received’t determine very prominently on this dialogue of the constructions of polis authorities.
Now we’ll discover this query of how a polis was ruled in 4 elements (two partly A this week and two partly B subsequent week): first laying out the usual parts of a polis structure, which as we’ll talk about have been surprisingly comparable from one polis to the subsequent. Then we’ll cope with variations in how these parts are structured, which the Greeks understood to outline the variations within the three sorts of structure {that a} polis would possibly usually have: oligarchy, democracy and tyranny. Then partly B we’ll have a look at what kind of magistrates a polis may need and what their jobs is likely to be in addition to the construction of the authorized system a polis may need.
THis goes to imply this week that we’re discussing the ‘constitutions’ of poleis, however I need to be actually clear right here at first that these are nearly by no means written constitutions. So after I say ‘structure’ under, perceive that we imply this within the broad sense of ‘the precise make-up of the state’s establishments’ reasonably than within the slim sense of ‘a proper set of directions for the operating of the state.’ Some poleis did even have the latter (the oldest we’ve got that I do know of is a structure established by Ptolemy I Soter for Kyrene in 322; the truth that this can be a structure dictated by a king to a subordinated polis ought to sign how odd it’s), however they appear to have been very uncommon.
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Parts of the Politeia
One of many actually fascinating issues in regards to the Greek polis is that whereas we’re speaking about greater than a thousand tiny, (largely) unbiased little states, practically all poleis share the identical primary organs of presidency. What makes poleis governments completely different should not that they’ve radically completely different establishments however reasonably how these establishments relate to one another, how their members are chosen, and the powers they’ve. Particularly, nearly each polis authorities is made up of 1) an meeting (ἐκκλησία, ekklesia) of all of the politai, 2) a smaller council (βουλή, boule or γερουσία, gerousia) of chosen politai, 3) a set of govt magistrates (ἄρχοντες, archontes, normally Anglicized as archons) who perform the day-to-day features of the state and 4) regulation courts (δικαστήρια, dikasteria) through which critical disputes are settled, usually by juries composed of the politai. These establishments could also be considerably in another way structured or have completely different names in other places, however the Greeks had no drawback recognizing them in most poleis.
We are able to begin with the ekklesia. As famous, it was notionally an meeting of all the politai, however recall that this definition is likely to be extra slim than you count on: even in democratic poleis, citizenship was usually restricted to the youngsters of residents with no common means for resident foreigners to achieve it. In oligarchic poleis it is likely to be much more restricted, with a wealth requirement additionally limiting the dimensions of the ekklesia. In most poleis the ekklesia appears to have met within the agora, however bigger poleis would possibly want a chosen area for it to satisfy, such because the Athenian Pnyx; the Spartan ekklesia (generally nonetheless known as the apella) met in a constructing referred to as the Scias which Pausanias (writing within the second century AD) supposes to have been constructed within the sixth century BC by Theodorus of Samos.
Conferences of an ekklesia normally occurred on a daily schedule (as soon as a month appears to have been pretty widespread); clearly so giant a physique couldn’t have been a standing physique. An ekklesia additionally usually didn’t set its personal agenda, however reasonably voted (and maybe debated) points put earlier than it both by the boule or the magistrates. Nonetheless the ekklesia normally had no less than the notional remaining say over new legal guidelines (together with honorary decrees and extraordinary grants of citizenship) and the problems of conflict or peace; additionally they very steadily elected magistrates. On this sense, even in oligarchies or tyrannies, notionally it was the ekklesia which was the sovereign, supreme authority from which the powers of all different our bodies derived, although after all in apply an ekklesia is likely to be a lot weaker than this. Lastly, in some circumstances the ekklesia may perform as an entire as a type of excessive court docket; in Athens the ekklesia may strive circumstances of sure excessive crimes below a process referred to as eisangelia.
That brings us to the council and these are available in two main sorts; a polis might or might not have each sorts however they nearly all the time have one. The primary sort, a boule (lit, “council”) is a comparatively giant physique, typically of round 500 residents drawn from the meeting. Alternately, a gerousia (lit: ‘elders,’ typically translated as ‘senate,’ which is a really comparable Latin phrase deriving from the Latin phrase for elder, senex) would typically be a lot smaller (e.g. 30 males in Sparta, 100 in Kyrene). The choice between these two our bodies additionally typically differ considerably: a boule typically features as a cross-cut of the ekklesia, with members chosen by lot from that bigger physique to behave as a type of directing board for the bigger and extra unwieldy ekklesia. Against this, members of a gerousia are sometimes elected, both straight or as a result of they obtain membership by advantage of getting held a magistracy; this is likely to be additional compounded by limiting magistracies to particular households which might then in flip prohibit the gerousia to particular households.
The principle job of each of those kinds of councils was to behave as a type of steering committee for the meeting: councils typically met extra steadily and had the job of setting the meeting’s agenda, together with drafting laws for it to vote on (this activity is named proboulesis and the draft laws a probouleuma, the pro- prefix right here which means ‘earlier than’); a significant distinction between constitutions is that if the ekklesia can modify that agenda or draft laws or if it should merely vote sure or no. In some circumstances, a council may additionally sit as a court docket. Athens had a gerousia-style council of ex-magistrates, the Areopagus, which was stripped of practically all of its energy within the reforms that created the Athenian democracy, but it surely remained a court docket that attempted critical crimes, notably homicide. Likewise, the Spartan gerousia functioned as a excessive court docket which may even strive the 2 hereditary Spartan kings. We’re typically very poorly knowledgeable about how powers could be balanced in programs that had each a bigger boule-style council and a smaller gerousia-style Senate (besides in Athens, the place we will chart this pretty clearly), but it surely wasn’t that unusual; Kyrene had each a 500-person boule chosen by lot and a 101-person gerousia elected for all times by the ekklesia (each having the requirement that these serving be older than 50).
The selections of those our bodies (the meeting and council or councils) are then carried out in apply a bunch of govt officers students will collectively name magistrates; crucial of those fellows in a Greek polis have been typically referred to as archons (lit: ‘chief’), however there are a bewildering array of those positions: strategoi (generals), Boiotarches (generals, however Boiotian), ephors (the foremost Spartan magistrates), kosmoi (their matching counterparts in Crete), thesmothetai (Athenian judicial officers) and an absolute mess of minor magistrates we’ll get to in a second. The Greeks tended to grasp (Aristotle says this explicitly) that these archons took over the powers initially held by kings, breaking them up into smaller items; the presence of archons whose job was to fill-in for the non-existent king in non secular features (the archon basileus or ‘king archon’ in Athens) helps that notion.
A very powerful magistrates are typically charged with organizing and main the army, performing key non secular duties related to the state and managing the court docket system. This final obligation is one which bears some explaining as a result of we’re used to judges who set trial dates and oversee jury choice, however who even have the job of explaining regulation to the jury and appearing because the ‘referee’ in court docket proceedings and who might even ship judgements or set sentences. The function of historic judicial magistrates is usually way more restricted; at some early level they held the facility to listen to disputes and make judgements however by the point we will observe these programs, the facility to make judgements (no less than in essentially the most critical circumstances) has handed to juries, the ekklesia or one or one other type of council. Judicial officers have been thus extra organizers than judges; they heard complaints after which directed the case to the related physique (a public court docket with a jury (or the council or the meeting) for critical crimes, however there was additionally usually a system of arbitration to resolve much less critical disputes extra rapidly).
Crucially it’s price noting that the magistrates right here all have comparatively small areas of authority; they aren’t ‘common’ magistrates the way in which the US President is or the Roman consul was; you normally have one group of fellows operating the courts and one other group of fellows operating the military and this fellow over right here whose job is to do some non secular rituals and these guys over right here who regulate the market and so forth. Magistrates are additionally usually organized as boards of a number of people reasonably than singular, highly effective figures (and this tends to be extra true the extra highly effective and necessary the magistracy): thus Sparta has 5 ephors, Athens has ten strategoi and the Boiotians have seven Boiotarchs.
These magistrates have been additionally not usually consultants nor did they’ve any explicit coaching. Phrases of service have been usually very quick, normally only a single 12 months, and outdoors of army officers it was very uncommon for these to be places of work one held greater than as soon as. Certainly, in democracies, the archons would possibly even be chosen at random (by lot) from the politai. Meaning your market official or your court-organizers should not going to have any explicit authorized or judicial expertise generally and for lots of historic governments (this goes for the Roman Republic too) that was usually regarded as largely effective; these jobs weren’t normally complicated sufficient to require particular experience. As famous, the exception to this rule have been generals, who have been nearly all the time elected officers (besides in Sparta, the place this job fell usually to the 2 hereditary kings) and will usually serve a number of years in succession so long as they stored getting elected.
Placing that every one collectively once more: the ekklesia (‘meeting’) votes to verify the legal guidelines and actions proposed by a council (both a boule of choose members of the ekklesia or a gerousia of elders or former magistrates). These actions are then carried out by the magistrates, govt officers with particular, slim authority over one or a number of issues within the state, both elected by the ekklesia or chosen by lot to serve quick phrases.
And that’s it. If you happen to have been anticipating an entire bunch {of professional} directors or giant bureaucracies, you might be sure to be dissatisfied: even the most important of those states have little or no of that. The closest we get are public slaves – that’s, enslaved employees owned by the state – referred to as demosioi (lit: ‘these of [owned by] the demos‘), however these enslaved employees largely did bodily laboring duties. We are able to see them most clearly in Athens, the place there have been maybe one or two thousand demosioi – take into account that Athens was a large and really rich polis, so that’s an absolute higher restrict. In Athens these of us match into 4 huge teams (as Paulin Ismard lays out neatly): public craft-workers (together with employees within the public mint), a physique of enslaved Scythian archers Athens used as a police pressure to maintain order within the meeting and markets, enslaved employees helping the clergymen managing numerous temples and at last a comparatively small physique of enslaved administrative assistants to the magistrates (scribes, archivists, secretaries, and many others.). As you may see a subset of those enslaved employees have been specialists since doing issues like detecting faux cash, minting new ones, performing the duties of a clerk or accounting officer, because the present political system offered little or no in the way in which of accessible experience. These enslaved employees appear nearly all the time to be working below the direct supervision of an elected Justice of the Peace and the Athenian regulation which ordered the market supervisors in Athens to “beat him [the coin tester] with fifty lashes” if “the tester doesn’t sit at his publish or if he doesn’t take a look at in response to the regulation,” offers us a way of the subordinated function they performed regardless of their experience. And once more, that’s in Athens, which goes to have extra demosioi than wherever else on account of its measurement and wealth.
Totally different sorts of Politeia
However simply because all Greek poleis had the identical primary set of governing establishments doesn’t imply they have been all the identical. As an alternative, the variations in polis authorities present a superb instance above how comparatively small adjustments in a authorities can nearly completely change its nature. Certainly, the Greeks understood all poleis governments as conforming basically to certainly one of three primary sorts: democracy (δημοκρατία, rule by the demos), oligarchy (ὀλιγαρχία, rule by the few) or tyranny (τυραννία, rule by a τύραννος, a tyrant), although pedantic thinker sorts like Aristotle would improve the rely to 6 (so as to add ‘corrupted’ types of every) and there was additionally the notion of a ‘combined’ structure sitting someplace between democracy and oligarchy.
But when all of those poleis had the identical primary governing establishments, what made an oligarchy completely different from a democracy or a tyranny? By and enormous the distinction isn’t including or eradicating main parts of the federal government, however altering who’s eligible for them and the way they relate to one another.
Let’s begin with eligibility. I don’t need to get too slowed down within the improvement of explicit poleis (by which I imply Athens, which by far one of the best attested) however a significant a part of the emergence of democracy within the Greek polis was the widening of civic participation to incorporate a broader vary of the politai at extra ranges of energy. That each meant bringing poor residents who below older, extra oligarchic constitutions wouldn’t have been admitted even to the meeting in, but it surely additionally meant opening extra highly effective places of work to poorer members of the politai.
Oligarchies labored, as you may think, in precisely the other means. Usually membership within the ekklesia was restricted by wealth. A light type of this type of restriction which is sort of outstanding in our sources (notably Aristotle) is the ‘hoplite polis‘ (in German, the Hoplitenpoliteia) the place political participation was restricted to the category of farmer with sufficient wealth to afford their very own tools to struggle as hoplites within the phalanx (maybe one thing like a 3rd to half of the politai). This type of polis has typically been taken as a type of ‘commonplace’ polis, notably an ordinary early type of oligarchic polis out of which extra democratic varieties would possibly evolve. However, as Matthew Simonton has recently noted, true Hoplitenpoliteia are literally fairly uncommon within the historic document. Once we see a politeia restricted, it’s typically way more narrowly constrained than this. As an example, in 411 a coup in Athens overthrows the democracy and makes an attempt to instate an oligarchic authorities with 5 thousand Athenians in a position to kind the ekklesia, however this should have been lower than half of the hoplite class; Athens had fielded 9,000 hoplites at Marathon in 490 BC and the sense we get from the sources is that the Athenian citizen physique had grown in measurement and wealth since then (with maybe 50,000 residents whole). As an alternative, precise oligarchies typically appear to have been fairly a bit narrower; the proof doesn’t actually permit a agency quantification, however one ought to most likely be pondering 1 / 4 or much less of the free male inhabitants being admitted to full civic participation.
Alternately, an oligarchy is likely to be structured in order that particular elements of the federal government have been restricted. Probably the most closed kinds of oligarchies would possibly, as an example, prohibit particular places of work to a handful of eligible households. We’re advised by Aristotle that the chief magistrates on Crete, the kosmoi (their equivalents of the Spartan ephors) have been elected from a closed group of households, whereas the Cretan gerousia was composed completely of ex-kosmoi (Arist. Pol. 2.1272a). Thus regardless of all the residents being admitted into the Cretan ekklesia, Aristotle concludes that the system is in reality a δυναστεία (dunasteia), the phrase that offers us the trendy ‘dynasty’ however right here means one thing like ‘hereditary oligarchy,’ as a result of sufficient of the facility was wielded by places of work which have been restricted not merely by wealth however in Crete’s case to sure households.
Alternately, magistrates and members of the council is likely to be chosen by co-optation, that’s, by the prevailing workplace holders or one way or the other by different members of the oligarchy. Aristotle alludes to this (Pol. 4.1298b) and as Simonton (op. cit.) notes this appears to have been the apply in oligarchies in Massalia and Larissa, the place ‘worthy’ members of the plenty have been pulled into the federal government, which after all gave the core oligarchic members a device to reward collaborators and informants among the many decrease lessons in addition to to fill out key roles of their authorities.
The extra refined means of doing this is likely to be to make use of programs of elections which have been susceptible to affect of subterfuge. Spartan elections in its ekklesia for the ephors and members of the gerousia, as an example, have been executed by acclamation; the spartiates would shout for the candidates they wished and victory was judged by who acquired the loudest shouts when it was their flip. Absent fashionable decibel meters, this can be a fairly error inclined system and the pattern whereby the Spartan state tended to be dominated by its wealthiest families, arrayed across the hereditary kings means that the 2 royal households have been completely able to manipulating this very straightforward to control system. Likewise, as Simonton notes (op. cit.), programs of open, non-anonymous voting have been susceptible to abuse, particularly in a polis the place many of the wealth and energy is already managed by a comparatively small clique who can see how particular person members of the meeting vote and retaliate accordingly, which is certainly how the transient oligarchic authorities of the 4 Hundred in Athens is ready to ‘persuade’ the meeting to vote itself out of existence (Thuc. 8.66.2-4).
The opposite issue within the character of the federal government was the connection between the constituent elements. As you might get the sense above, completely different elements of a polis authorities are prone to be dominated by completely different teams. Even in a structure the place places of work are open to everybody, if they’re elected they may are typically dominated by the elite whose cash and standing should purchase them votes, and that can after all carry over to any council that’s made up of ex-magistrates, just like the Cretan gerousia we simply talked about or the Athenian Areopagus (made up of former archons). In the meantime the ekklesia, run on an one-man, one-vote system goes to are inclined to favor the demos, assuming a broad vary of the citizenry is ready to be current, as a result of the middling and poor will so vastly outnumber the elite. However that may imply that the steadiness of energy between these establishments can affect the democratic or oligarchic character of the state, even when a state has all the establishments which could permit for a democratic or oligarchic system.
The important thing query right here is mostly the powers and competence of the ekklesia; in nearly each polis the ekklesia was the ultimate cease for confirming any regulation or determination, granting that call the imprimatur of the entire demos and thus the legitimacy of a communal consensus determination. In a democratic polis, the ekklesia was prone to be supreme, with each broad powers to set its personal agenda (or have its agenda set by a boule of randomly chosen members of the ekklesia) and likewise broad powers to direct the magistrates and to punish any magistrates who refused to be so directed.
But when both of these hyperlinks is damaged, an oligarchy may ‘tame’ the ekklesia. The cleverer means to do that was by way of the agenda-setting energy. The Spartan ekklesia, as an example, may solely vote on legal guidelines put earlier than them by the gerousia or the ephors and will solely give a sure or no vote to these very selections; it couldn’t debate, nor suggest different selections. This type of system, the place an oligarchic physique like a gerousia or one other physique of magistrates is ready to use its agenda setting energy to easily stop any proposal that the oligarchy doesn’t already approve from coming to a vote was widespread sufficient for Aristotle to notice it as a standard device of oligarchy (Arist. Pol. 4.1298b). An oligarchy may thus guarantee no radical proposal ever reached the ekklesia, whereas on the similar time, tailoring its proposals to be simply average sufficient to garner a majority of votes (below a system the place, as famous above, likelihood is the oligarchs can ‘push’ pretty laborious to get numerous desire falsification), leading to a authorities that’s out of step with the favored will however nonetheless has that in style imprimatur; in spite of everything, there was a vote and all of us agreed to this.
Alternately, the meeting could possibly be minimize out altogether, as in Boiotia, the place selections have been made not between a council and an meeting, however reasonably every polis had 4 councils, all restricted by wealth, which might deliberate seperately with legal guidelines that handed all 4 changing into legitimate, although this appears to have been a uncommon type of construction so far as we will inform (Hell. Oxy 16.2-5, mentioned in Simonton, op. cit. 81.)
The much less intelligent and extra blunt means to do that was to empower the magistrates and slant the courts, pulling each exterior of the facility of the ekklesia. As an example, by placing extra energy to guage and punish within the palms of the magistrates (or within the palms of juries composed of members of the elite), an oligarchy may achieve the facility to violently regulate the mass of the citizenry, destroying on trumped up fees anybody who appeared a menace (and as soon as once more, Aristotle notes this tactic, Pol. 4.1301a) and likewise refuse to punish its personal members who engaged in extrajudicial violence to suppress the demos. Sooner or later, as an example (presumably earlier than the Cleisthenic reforms), the Athenian Areopagus (you’ll recall this can be a council of ex-magistrates) had the facility to observe for and punish the ‘disorderly’ (ἀκοσμοῦντες, a splendidly broad time period, Isoc. 7.46), a broad mandate to enact social management. The issue, after all, is that this sort of blatant show of oligarchic energy would possibly set off a rising of the demos.
In apply it ought to be famous that the majority poleis appear to have been some mixture of this. Athens’ comparatively full democracy and the comparatively full oligarchies of poleis like Sparta or Thebes could also be extra outstanding in our sources (compounded by the tendency of writers like Aristotle to need to select excessive types of every sort of authorities), however numerous poleis could have had successfully combined constitutions. However what if a polis wasn’t constitutional in any respect?
However What If I Was In Cost?
The conventional expectation for Greek tyranny is that the system works just like the Empire from Star Wars: A New Hope, the place the brand new tyrant abolishes the Senate, appoints his personal cronies to formal positions as guidelines and common makes himself Very Clearly and Formally In Cost. However this isn’t how tyranny usually labored: the tyrant was Very Clearly however not formally in cost, as a result of he dominated further-constitutonally, reasonably than abolishing the structure. That is what seperates tyranny, a type of extra-constitutional one man rule, from monarchy, a type of conventional and thus constitutional one-man rule.
We see the fisrt main wave of tyrannies rising in Greek poleis within the sixth century, though that is additionally in regards to the horizon the place we will see political developments usually within the Greek world, nonetheless our sources appear to grasp this improvement to have been considerably novel on the time and it’s definitely tempting to see the emergence of tyranny and democracy on this interval each as responses to the identical kinds of pressures and fragility present in conventional polis oligarchies, however once more our proof is skinny. Tyrants have a tendency to come back from the elite, oligarchic class and sometimes make the most of anti-oligarchic actions (civil strife or stasis, στάσις) to come back to energy.
As a result of most poleis are small, the quantity of pressure a tyrant wanted to grab energy was additionally typically small. Polycrates supposedly seized energy in Samos with simply fifteen troopers (Hdt. 3.120), although we might doubt the reality of the report and elsewhere Herodotus notes that he did so in conspiracy along with his two brothers of whom he killed one and banished the opposite (Hdt. 3.39). I’ve discussed Peisistratos’ takeover(s) in Athens before however they have been equally small-ball affairs. In Corinth, Cypselus seized energy by utilizing his place as polemarch (conflict chief) to have the military (which, bear in mind, goes to be a set of the non-elite however nonetheless well-to-do citizenry, though that is early sufficient that if I name it a hoplite phalanx I’ll have an argument on my palms) expel the Bacchiadae, a closed single-clan oligarchy. A transfer by any member of the elite to place collectively their very own bodyguard (even one simply armed with golf equipment) was a reasonably clear indicator of an try to kind a tyranny and the continued maintenence of a bodyguard was a staple of how the Greeks understood a tyrant.
Having seized energy, these tyrants don’t appear to have abolished key civic establishments: they don’t disband the ekklesia or the regulation courts. As an alternative, the tyrant controls this stuff by co-opting the remaining elite households, utilizing violence and the specter of violence towards those that would resist and putting in cronies in positions of energy. Tyrants additionally appear to have purchased a level of public acquience from the demos by usually focusing on the oligoi, as with Cypselus and his son Periander killing and banishing the elite Bacchiadae from Corinth (Hdt. 5.92). However this can be a system of presidency the place in apply the legal guidelines appeared to nonetheless be in pressure and the foremost establishments appeared to nonetheless be functioning however that in apply the tyrant, along with his co-opted elites, armed bodyguard and well-rewarded cadre of followers among the many demos, monopolized energy. And it isn’t laborious to see how the fiction of a functioning polis authorities could possibly be a useful gizmo for a tyrant to take care of energy.
That extra-constitutional nature of tyranny, the place the tyrant exists exterior of the formal political system (though he might maintain a proper workplace of some kind) additionally appears to have contributed to tyranny’s fragility. Thales was supposedly requested what the strangest factor he had ever seen was and his reply was, “An aged tyrant” (Diog. Laert. 1.6.36) and certainly tyranny was fragile. Tyrants struggled to carry energy and whereas most appear to have tried to go that energy to an inheritor, few succeed; no tyrant ever achieves the dream of creating a steady, monarchical dyasnty. As an alternative, tyrants are typically overthrown, resulting in a return to both democratic or oligarchic polis authorities, because the establishments of these types of authorities remained.
Now, as a result of this publish is already lengthy and my time is already quick, subsequent week we’re going to flip and have a look at the opposite two parts of the polis authorities in additional element which have gotten reasonably quick remedy right now: the various magistracies {that a} polis may need in addition to the final construction of the court docket system.