ABSTRACT

The best recent discussion is that of A. R. W. Harrison, The Law of Athens. He gives references to earlier discussions, and convincingly demolishes a number of arguments which had been used to support the view that bastards could not be citizens in Athens. The problem does not involve Perikles' law on citizenship. That law excluded from citizenship persons whose mothers were not of Athenian-citizen status, and forbade marriage between an Athenian and an alien. But there is no evidence that it made any change concerning children whose parents were both Athenian. Nevertheless two other writers have lately maintained the view that bastards were excluded from citizenship; but they have failed to answer satisfactorily Harrison's objections to it. So the negative part of Harrison's case stands unrefuted. But his positive reasons for believing that bastards were admitted to citizenship are less satisfactory, since his 'two very strong arguments' are both logical rather than factual.