Community of Hippodamos:One Law in Proto-Lib City

http://www.mlahanas.de/Greeks/CityPlan.htm One of the first recorded proto-Libertarian communities studied by the founders of the modern movement and itself thought a reflection of the ‘philosopher communities’ of the time. The City had one law, respect for other’s rights. (Note his original patent system was meant to place things in the public domain quickly and used civic honorts, not coerced monopolies)…the whole greatly studied by the US Founders. If you wish to see the influence, look around you: Libs invented orderly, clean streets. NB: It represents an idealized form that pre-solves issues such as e.g roads and juries; and is not the broader libertarian-direction multiplicity. In the 1800′s Libs of the day developed idealized communes, co-ops, and garden city republics for average people, and recently have driven the designed community and intentional commune movement to broaden choice.

The city of Hippodamus was composed of 10,000 citizens divided into three parts—one of artisans, one of husbandmen, and a third of armed defenders of the state. He also divided the land into three parts, one sacred, one public, the third private: the first was set apart to maintain the customary worship of the Gods, the second was to support the warriors, the third was the property of the husbandmen. He also divided laws into three classes, and no more, for he maintained that there are three subjects of lawsuits—insult, injury, and homicide. He likewise instituted a single final court of appeal, to which all causes seeming to have been improperly decided might be referred; this court he formed of elders chosen for the purpose. He was further of opinion that the decisions of the courts ought not to be given by the use of a voting pebble, but that every one should have a tablet on which he might not only write a simple condemnation, or leave the tablet blank for a simple acquittal; but, if he partly acquitted and partly condemned, he was to distinguish accordingly. To the existing law he objected that it obliged the judges to be guilty of perjury, whichever way they voted. He also enacted that those who discovered anything for the good of the state should be honored; and he provided that the children of citizens who died in battle should be maintained at the public expense, as if such an enactment had never been heard of before, yet it actually exists at Athens and in other places. As to the magistrates, he would have them all elected by the people, that is, by the three classes already mentioned, and those who were elected were to watch over the interests of the public, of strangers, and of orphans. These are the most striking points in the constitution of Hippodamus. There is not much else.

The first of these proposals to which objection may be taken is the threefold division of the citizens. The artisans, and the husbandmen, and the warriors, all have a share in the government. But the husbandmen have no arms, and the artisans neither arms nor land, and therefore they become all but slaves of the warrior class. That they should share in all the offices is an impossibility; for generals and guardians of the citizens, and nearly all the principal magistrates, must be taken from the class of those who carry arms. Yet, if the two other classes have no share in the government, how can they be loyal citizens? It may be said that those who have arms must necessarily be masters of both the other classes, but this is not so easily accomplished unless they are numerous; and if they are, why should the other classes share in the government at all, or have power to appoint magistrates? Further, what use are farmers to the city? Artisans there must be, for these are wanted in every city, and they can live by their craft, as elsewhere; and the husbandmen too, if they really provided the warriors with food, might fairly have a share in the government. But in the republic of Hippodamus they are supposed to have land of their own, which they cultivate for their private benefit. Again, as to this common land out of which the soldiers are maintained, if they are themselves to be the cultivators of it, the warrior class will be identical with the husbandmen, although the legislator intended to make a distinction between them. If, again, there are to be other cultivators distinct both from the husbandmen, who have land of their own, and from the warriors, they will make a fourth class, which has no place in the state and no share in anything. Or, if the same persons are to cultivate their own lands, and those of the public as well, they will have difficulty in supplying the quantity of produce which will maintain two households: and why, in this case, should there be any division, for they might find food themselves and give to the warriors from the same land and the same lots? There is surely a great confusion in all this.

Neither is the law to commended which says that the judges, when a simple issue is laid before them, should distinguish in their judgement; for the judge is thus converted into an arbitrator. Now, in an arbitration, although the arbitrators are many, they confer with one another about the decision, and therefore they can distinguish; but in courts of law this is impossible, and, indeed, most legislators take pains to prevent the judges from holding any communication with one another. Again, will there not be confusion if the judge thinks that damages should be given, but not so much as the suitor demands? He asks, say, for twenty minae, and the judge allows him ten minae (or in general the suitor asks for more and the judge allows less), while another judge allows five, another four minae. In this way they will go on splitting up the damages, and some will grant the whole and others nothing: how is the final reckoning to be taken? Again, no one contends that he who votes for a simple acquittal or condemnation perjures himself, if the indictment has been laid in an unqualified form; and this is just, for the judge who acquits does not decide that the defendant owes nothing, but that he does not owe the twenty minae. He only is guilty of perjury who thinks that the defendant ought not to pay twenty minae, and yet condemns him.

To honor those who discover anything which is useful to the state is a proposal which has a specious sound, but cannot safely be enacted by law, for it may encourage informers, and perhaps even lead to political commotions. This question involves another. It has been doubted whether it is or is not expedient to make any changes in the laws of a country, even if another law be better. Now, if an changes are inexpedient, we can hardly assent to the proposal of Hippodamus; for, under pretense of doing a public service, a man may introduce measures which are really destructive to the laws or to the constitution. But, since we have touched upon this subject, perhaps we had better go a little into detail, for, as I was saying, there is a difference of opinion, and it may sometimes seem desirable to make changes. Such changes in the other arts and sciences have certainly been beneficial; medicine, for example, and gymnastic, and every other art and craft have departed from traditional usage. And, if politics be an art, change must be necessary in this as in any other art. That improvement has occurred is shown by the fact that old customs are exceedingly simple and barbarous. For the ancient Hellenes went about armed and bought their brides of each other.

In the magnificent and spacious Grecian city of Ephesus an ancient law was made by the ancestors of the inhabitants, hard indeed in its nature, but nevertheless equitable. When an architect was entrusted with the execution of a public work, an estimate thereof being lodged in the hands of a magistrate, his property was held, as security, until the work was finished. If, when finished, the expense did not exceed the estimate, he was complimented with decrees and honors. So when the excess did not amount to more than a fourth part of the original estimate, it was defrayed by the public, and no punishment was inflicted. But when more than one fourth of the estimate was exceeded, he was required to pay the excess out of his own pocket. Vitruvius On Budget Overruns

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