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Federica Carugati - Creating a Constitution: Law, Democracy, and Growth in Ancient Athens

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A comprehensive account of how the Athenian constitution was createdwith lessons for contemporary constitution-building
We live in an era of constitution-making. More than half of the worlds constitutions have been drafted in the past half-century. Yet, one question still eludes theorists and practitioners alike: how do stable, growth-enhancing constitutional structures emerge and endure? In Creating a Constitution, Federica Carugati argues that ancient Athens offers a unique laboratory for exploring this question. Because the city-state was reasonably well-documented, smaller than most modern nations, and simpler in its institutional makeup, the case of Athens reveals key factors of successful constitution-making that are hard to flesh out in more complex settings.
Carugati demonstrates that the institutional changes Athens undertook in the late fifth century BCE, after a period of war and internal strife, amounted to a de facto constitution. The constitution restored stability and allowed the democracy to flourish anew. The analysis of Athenss case reveals the importance of three factors for creating a successful constitution: first, a consensus on a set of shared values capable of commanding long-term support; second, a self-enforcing institutional structure that reflects those values; and, third, regulatory mechanisms for policymaking that enable tradeoffs of inclusion to foster growth without jeopardizing stability.
Uniquely combining institutional analysis, political economy, and history, Creating a Constitution is a compelling account of how political and economic goals that we normally associate with Western developed countries were once achieved through different institutional arrangements.

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CREATING A CONSTITUTION Creating a Constitution LAW DEMOCRACY AND GROWTH IN - photo 1
CREATING A CONSTITUTION
Creating a Constitution
LAW, DEMOCRACY, AND GROWTH IN ANCIENT ATHENS
FEDERICA CARUGATI
PRINCETON UNIVERSITY PRESS
PRINCETON & OXFORD
Copyright 2019 by Princeton University Press
Published by Princeton University Press
41 William Street, Princeton, New Jersey 08540
6 Oxford Street, Woodstock, Oxfordshire OX20 1TR
press.princeton.edu
All Rights Reserved
Library of Congress Control Number 2019931720
ISBN 978-0-691-19563-6
eISBN 9780691198712
Version 1.0
British Library Cataloging-in-Publication Data is available
Editorial: Rob Tempio and Matt Rohal
Production Editorial: Jill Harris
Jacket Design: Pamela L. Schnitter
Production: Merli Guerra
Publicity: Alyssa Sanford and Amy Stewart
Copyeditor: Brittany Micka-Foos
Jacket image: The fragmentary fourth roll containing the Constitution of the Athenians. Papyrus 131, f 5v. Egypt (near Hermopolis), ca. 100 AD. Copyright The British Library Board
CONTENTS
  1. ix
  2. xi
FIGURES
.Athens institutions
.Political instability in Athens (413403)
.Leos utility function U(x)
.Probability density function f(x)
.L* < q < m*no proposal
.m* < L* < qLeo can win with L*
.A large gap between m* and qno graph paranomn
.Leos equilibrium proposal (r*)policy
.Leos equilibrium proposal (r**)honor
.Leos equilibrium proposal (r***)honor and policy
.Aegean constraints
.Athens growth: democracy vs. oligarchy
.Athenian state capacity (600250): Ober 2008
.Piraeus population
.Piraeus security
.Piraeus capacity
.Volume of trade
.Piraeus success (490300)
ACKNOWLEDGMENTS
IT IS commonplace to say that a book has been long in the making. This one is no exception. It was born as a dissertation submitted to the Stanford Department of Classics. It is now a book that hopes to reach a much broader audience. This transformation would not have been possible without the many eyes, ears, and minds that have accompanied me from Stanford, to Bloomington, and back.
The ideas that make up the bulk of the book were first hammered out on the Farm where many colleagues and friends offered suggestions, direction, and mentorship. These include Scott Arcenas, Edwin Carawan, Steve Haber, Foivos Karachalios, James Kierstead, Ian Morris, Andrea Nightingale, Josiah Ober, Dan-el Padilla Peralta, Tomer Perry, Mark Pyzyk, Walter Scheidel, Matt Simonton, and Barry Weingast.
Many of those ideas were revised, refined, and expanded thanks to the exposure to discussions with my wonderful coauthors and at a number of conferences. For believing early on in the value of ancient Greece as a case study, my heartfelt thanks go to Randy Calvert and Gillian Hadfield. For helping me think through the details of my argument, I would like to thank fellow panelists and participants in the following conferences and workshops: the Leventis Conference on Ancient Greek History and Contemporary Social Science (University of Edinburgh); the Conference on the Political Economy of Judicial Politics (Center for the Study of Democratic Politics, Princeton University); the Colloquium on Law Economics and Politics (NYU); the Midwestern Consortium of Greek Historians and Political Theorists (University of Michigan); the Conference Political Theory in / and / as Political Science (McGill University); the World Justice Project Scholars Conference (Stanford and Duke); the Society for Institutional and Organizational Economics Annual Meeting (SciencesPo, Paris); the Public Choice Society Annual Meeting (Charleston, SC); the American Political Science Association Annual Meetings (San Francisco and Boston); and the Institutional and Organizational Economics Academy (Corsica, France). Finally, many thanks to the organizers and participants of the many gatherings at Indiana University Bloomington that offered an exceptional sounding board at various critical stages: these include Lee Alston at the Ostrom Workshop; Will Winecoff at the World Politics Research Seminar; Susan and David Williams at the Center for Constitutional Democracy; and Victor Quintanilla at the Center for Law, Society, and Culture.
I owe an immense debt of gratitude to the participants in the book conference I hosted at the Ostrom Workshop in September 2017. Their willingness to read a very early, very inchoate, transitional version of this book, and their ability to see the good in it and help me figure out the next steps was outstanding and humbling. These are Lee Alston, Sara Forsdyke, Tom Ginsburg, Andy Hanssen, Jeffrey Isaac, Cyanne Loyle, Lauren MacLean, Eric Robinson, Jessica Steinberg, and Gustavo Torrens. A particular shout-out goes to the staff of the Ostrom Workshop who not only helped me organize this important event, but also shared a great deal of my experience at Indiana University: Emily Castle, Gayle Higgins, Patty Lezotte, David Price, and Allison Sturgeon.
Many others along the way offered critical insights and suggestions. Some of their names are scattered in the pages that follow. Others include Daron Acemoglu, Eric Alston, Rob Fleck, Matthew Landauer, Margaret Levi, Adam Littlestone-Luria, Joel Mokyr, Ken Shepsle, John Wallis, Jeremy Weinstein, and Susan Williams.
Two excellent reviewers, one of them being Melissa Schwartzberg, saved me from mistakes big and small, refined my language and made the book immeasurably better. I hope to have done justice to their suggestions. If I didnt, and if other errors remain, it is wholly my fault. A special thanks also goes to the team at Princeton University Press: to my editors, Rob Tempio and Matt Rohal, for their advice and guidance throughout the publication process, to Dimitri Karetnikov for his help in drawing the map, to Brittany Micka-Foos for copyediting, to Jill Harris for steering the book through the production phase, and to everyone else who contributed behind the scenes.
Now to the special people of my life. Two friends have meant so much to me and to this project. These are Jessica Steinberg and Cyanne Loyle, my dear friends. It has not always been easy to see the many steps that took the project to its current form. Without them, I am not sure this book would exist. And not much of value would exist at all without my partner, Artemis Brod, who is my best friend and the source of all happiness.
This book is dedicated to two groups of people. My family, Franca, Felice, Andrea, Giulia, and Alice, who have been an enduring source of support for the choices that I made in the last decade. And my intellectual mentors, Josh Ober and Barry Weingast, whose pervasive influence in my work and in my life is the greatest gift I have ever received.
CREATING A CONSTITUTION
Introduction
IN EARLY August 2016, I traveled to Yangon, Myanmar, to attend a meeting with representatives of some of the countrys ethnic minorities. The subject: constitutional reforms. Myanmar has a tough history of conflict between the central government and the ethnic states. In some parts of the countryfor example Karen Statea civil war has been ongoing since independence in 1948. In other parts, the conflict has formally ceased, but ethnic demands have hardly been heeded. A mere three weeks after the ratification of the Nationwide Ceasefire Agreement (NCA) in October 2015, the party of Nobel Peace Prize winner Aung San Suu Kyithe National League for Democracywon in a landslide election. Since then, three peace conferences were held, in August 2016, May 2017, and July 2018. They are referred to as 21st Century Panglong, after the historical 1947 Panglong agreement between Aung San (Aung San Suu Kyis father) and representatives of Kachin, Shan, and Chin ethnic groups. The Panglong agreement established the principle of full autonomy in internal administration for the Frontier Areas (Tinker 1983: 4045). But no full autonomy ever materialized for Myanmars ethnic groups. Aung San was assassinated in his office five months after Panglong. Within a year, parts of the country had devolved into civil war. In 1962, the military (Tadmadaw) took powerand kept it for almost half a century. Today, the relationship between the government and the ethnic groups remains fraught, despite the transition to electoral democracy. Not all ethnic groups have signed the NCA, and there is frustration around the lack of progress of the 21st Century Panglong.
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