雅典立法者之立法宗旨研究

雅典的立法者从法律的角度锻造了一个令后世敬仰的城邦共同体。德拉古立法抑制了贵族们的僭主意图，使得城邦立法惠及城邦全体成员。梭伦通过立法让正义进入城邦，他赋予了公民中的弱势者以参政权和审判权，让他们更多地参与城邦公共事务。他也抑制了权贵们的傲慢，使其才能能够更好地施惠于城邦。克利斯提尼通过立法把公民权与平等权确立了下来，民众在政治上和法律上都享有极大的权力，雅典民主政体得以确立。埃菲阿特立法限制了最高法庭议事会的权力，把其全部权力赋予民众。这一系列的立法铸就了雅典特有的完全以城邦为依归的公民精神。于是，在这种法治精神的感召下，权贵们丢掉了自身的傲慢，全身心地融入到了民主政体中。民众也能接触到并享有贵族们的文化，从而提升了自身的品行。
Athenian lawgiver forged a city-states legal community which is admired by the later generations. Draco’s legislation suppressed intent of the aristocracy as tyrant, so that law benifited all members of the polis. Solon’s legislation bringed justice into the polis, and he granted the vulnerable of his citizens the suffrage and jurisdiction, allowing them to participate more in the public affairs of the city. He also suppressed the arrogance of the dignitaries, so that they could give their ability to the polis. Cleisthenes’s legislation established civil rights and equal rights, so that the people enjoyed great political and legal power, and the athenian democracy was established. Ephialte’s legislation limited the power of the Areopagos so as to give all its power to the people. This series of legislation formed the unique civic spirit of Athensbased on the city completely. Under the inspiration of the spirit of the rule of law, the nobles lost their pride and integrated into the democracy. People can also touch and enjoy the culture of the aristocracy and enhance their own character.