Episode 25 - Women and the Law in Classical Athens

In democratic Athens, women lived in a state of perpetual legal childhood, never existing as independent entities in the eyes of the law. A woman was always under the control of a male guardian, or kyrios—first her father, then her husband, and then her son or other male relative. This legal status profoundly shaped every aspect of their lives.

This episode examines the severe legal limitations placed upon Athenian women. They could not own significant property in their own name, could not enter into contracts, and had no standing to represent themselves in court. We explore the laws of marriage, divorce, and inheritance, which were designed primarily to ensure the legitimate transfer of property between male heads of household. We also investigate the unique legal status of the epikleros, an heiress who was compelled to marry her nearest male relative.

Despite these restrictions, we also uncover the ways women could navigate this patriarchal system. We look at cases of women initiating divorce and the social importance of their role in religious life. The legal status of women in Athens reveals the deep contradictions of a society that pioneered democracy while keeping half of its population in a state of legal dependency.