One rather hopes the assisted dying bill will be talked out in the House of Lords. We have no say on matters of government policy, sovereignty, international law (and much else). But this bill is far too controversial, and personally significant, for MPs alone to adjudge. We need a touch of democratic Athens, whose citizens determined all political and legal outcomes.
Citizen arbitration was used to settle most cases. Take Neaira. Not an Athenian, she had been trafficked from birth, but saving what money she earned, she eventually bought her freedom, with help from a large sum donated by the Athenian Phrynion. But she tired of him touting her around high-class orgies, took what she reckoned she was entitled to, and walked out. She resettled in Athens with one Stephanos, and when Phrynion heard of this, he stormed round to Stephanos’ place and demanded his property back. Stephanos countered that Neaira, being free, could co-habit with whomever she chose.
The case went to private arbitration. The sides appointed one citizen backer each and agreed a third. They decided that Neaira was a free woman; she should return to Phrynion everything except the clothes, jewels and personal maids; and she should live with and be maintained by Phrynion and Stephanos on alternate days (unless they agreed some other system); and the two men should call it quits.
However, in 399 BC a full jury of 501 Athenian male citizens, over the age of 30 and chosen by lot from a panel of 6,000, tried Socrates on the very serious charges of impiety and corruption of the young. As usual, no judge presided to guide proceedings, advise the jury or sum up; Meletus prosecuted, Socrates defended himself, each with the same amount of time to make his case; and without further ado, the jury voted, finding Socrates guilty by 280-221. Both sides then proposed a penalty. Socrates mockingly suggested free meals for life, but his friends clubbed together to offer a substantial fine. Meletus demanded the death penalty and the jury agreed.
Many think assisted dying may be a death penalty for citizens too – one reason among many why we need a citizen referendum on the matter.
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