David M. Lewis and Sara Zanovello
In the Greek world, manumission, which spelt the end of an individual’s life in slavery, was achieved in a variety of ways, but it often entailed legal obligations to remain (paramenein) as a free servant for a fixed period of time. In some cases, freedmen and freedwomen subject to paramone obligations were able to “buy out” of this condition (apolysis). Manumission documents, which have been found in many parts of the Greek world, particularly in northern Greece (especially Delphi), reveal the legal position of slaves and how it differed from the legal position of freedpersons. Unlike in Rome, freedpersons in the Greek world did not automatically become citizens of their ex-owner’s polis (although some freed slaves did manage to achieve naturalization in return for benefactions bestowed on the community). In Athens, they held a legal position almost identical to that of resident foreigners (metoikoi), with some minor differences. Manumission was usually a private act, but in some cases the polis manumitted privately owned slaves, and in Sparta, helots could only be manumitted by the state. The frequency of manumission in the Greek world remains a debated topic, but recent work has raised the possibility that its use as an incentive for slaves was probably targeted mainly at slaves working in skilled, “care-intensive” roles, and also for slaves (including hetairai) with whom individuals conceived sexual attachments.
From the earliest stages, the Greeks understood the distinction between legislation and day-to-day administration. They gave laws a special status and often created specific, separate procedures to enact them. In the Archaic period, specially appointed lawgivers were normally in charge of giving laws to the polis; these laws were intended to be immutable, and their stability secured through entrenchment clauses. Making laws was not considered to be among the normal tasks of the government of the polis, and there were no standard procedures to change the laws once these had been given. Assemblies in Greek city-states often enacted rules that had the force of law, but the legislative changes were not institutionally acknowledged, and the laws enacted by the lawgivers could not be changed. This gave rise to significant problems of legitimacy, and it introduced inconsistencies in the legal system of the polis, a problem that we can observe in 5th-century