Once Again on Aristotle and the Identity of the Athenian Nomothetai. A Response to Gertrud Dietze-Mager

This article is a short response to a recent contribution by Dietze-Mager in Erga-Logoi 10.2. There, within a larger discussion of the reliability of the Aristotelian Athenaion Politeia as a historical source, Dietze-Mager argues against our proposed identification of the Athenian nomothetai with a special session of the Assembly. In response, we start with a concise summary of our interpretation of the constitutional stages in the Athenaion Politeia in light of the socio-economic methodology of Politics IV, and clarify the role of Aristotle’s political theory in our reconstruction. We then provide a close reading of some key evidence about the identity of the Athenian nomothetai (particularly Aeschin. III 38-40). We demonstrate that Dietze-Mager’s proposed reading of the relevant passage is linguistically and syntactically problematic, arguing that the only possible interpretation of the relevant procedure as described at Aeschin. III 38-40 involves identifying the nomothetai with a special lawmaking session of the Assembly.