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  • その入籍規定をめぐって
    伊藤 貞夫
    法制史研究
    1981年 1981 巻 31 号 35-60,en7
    発行日: 1982/03/30
    公開日: 2009/11/16
    ジャーナル フリー
    In this paper the author discusses two problems of Athenian phratries - first, when people entered phratries, and secondly, whether women could also be enrolled.
    Two opposing views are expressed by scholars as to the first problem. Some regard the childhood as the time to enter phratries, but others maintain that youth became phrateres when they attained to the puberty, that is, sixteen years of age. The author appreciates the description of Pollux (VIII 107) that phrateres used to sacrifice the kureion for boys attaining to the puberty, and supports the second view. His arguments are as follows. (1) Though the name of kureion cannot be found in Attic orations, this ceremony is often referred to in the inscription of Dekeleieis (IG II<SUP>2</SUP> 1237) and the descriptions of other lexicographers (Hesychius s. v. κουρεωτις ; Suda s. v. κουρεωτης). (2) According to the descriptions of Hesychius and Suda, boys had their hair cut at the kureion. This custom suggests that the kureion was a kind of initiation celebrated for young men. (3) The kureion in the above-mentioned inscription appears to be the main sacrifice and directly linked to the enrolment, while the meion, another sacrifice that is found in the inscription, is probably a preliminary one, celebrated at the first Apaturia after the birth. The kureion must have been celebrated at the puberty. (4) Some descriptions in Attic orations, for example, Andoc. I 124-126, represent the meion.
    As regards the second problem, the author thinks that women could not enter phratries. He does not put trust in the description of Pollux (loc. cit.) that phrateres sacrificed the gamelia for girls attaining to the puberty. (1) In Attic orations gamelia implies the banquet which a bridegroom served to some members of his phratry for the introduction of his bride. (2) The description of Isaeus III (73, 75-76, 79), which suggests just the introduction of a daughter to phrateres, does not represent the enrolment of girls.
    (3) Euxitheos, the speaker of Demosth. LVII, maintains his citizenship partly by the witnesses of the members of the phratry, which his mother's relatives belonged to (ibid. 40, 69), partly by the witnesses of the members of his father's phratry (ibid. 67). The relationship between women and phratries apparently was indirect. The author's conclusion is that girls were not enrolled, though introduced to phrateres at the first Apaturia after their birth.
    The enrolment of phratries seems to be the preliminaries of the civic registration at demes, because of two facts that women are excluded from both kinds of groups, and that phratries enrolled boys just before the civic registration at the age of eighteen. It is also obvious that the Athenian state was much concerned with the enrolment of phratries, because a law regulated the qualification for the entry (Isae.VII 16). Indeed the entry in a phratry was regarded as the acquisition of citizenship (Demosth.XXXIX 31, 34). Therefore the author suspects that ineligible people became Athenian citizens through the illegal entry in phratries. In Attic orations he finds some evidences of such an illegality (Isae. VI 18-24;, Isae. XII 2; Demosth. LIX 13, 38, 118). By the middle of the fourth century B.C. Athenian phratries had ceased to function well enough as a kind of basic groups of the Athenian state. This fact suggests that the Athenian society was gradually undergoing a transformation after the Peloponnesian War.
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