Democracy and the Rule of Law in Classical Athens PDF Download

Author: Edward M. Harris
Publisher: Cambridge University Press
ISBN: 113945689X
Category : History
Languages : en
Pages : 21

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Book Description
This volume brings together essays on Athenian law by Edward M. Harris, who challenges much of the recent scholarship on this topic. Presenting a balanced analysis of the legal system in ancient Athens, Harris stresses the importance of substantive issues and their contribution to our understanding of different types of legal procedures. He combines careful philological analysis with close attention to the political and social contexts of individual statutes. Collectively, the essays in this volume demonstrate the relationship between law and politics, the nature of the economy, the position of women, and the role of the legal system in Athenian society. They also show that the Athenians were more sophisticated in their approach to legal issues than has been assumed in the modern scholarship on this topic.

Author: Michael Gagarin
Publisher: University of Texas Press
ISBN: 1477320393
Category : History
Languages : en
Pages : 209

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Book Description
The democratic legal system created by the Athenians was completely controlled by ordinary citizens, with no judges, lawyers, or jurists involved. It placed great importance on the litigants’ rhetorical performances. Did this make it nothing more than a rhetorical contest judged by largely uneducated citizens that had nothing to do with law, a criticism that some, including Plato, have made? Michael Gagarin argues to the contrary, contending that the Athenians both controlled litigants’ performances and incorporated many other unusual features into their legal system, including rules for interrogating slaves and swearing an oath. The Athenians, Gagarin shows, adhered to the law as they understood it, which was a set of principles more flexible than our current understanding allows. The Athenians also insisted that their legal system serve the ends of justice and benefit the city and its people. In this way, the law ultimately satisfied most Athenians and probably produced just results as often as modern legal systems do. Comprehensive and wide-ranging, Democratic Law in Classical Athens offers a new perspective for viewing a legal system that was democratic in a way only the Athenians could achieve.

Author: David Cohen
Publisher: Cambridge University Press
ISBN: 9780521388375
Category : History
Languages : en
Pages : 230

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Book Description
Using comparative anthropological and historical perspectives, this analysis of the legal regulation of violence in Athenian society challenges traditional accounts of the development of the legal process. It examines theories of social conflict and the rule of law as well as actual litigation.

Author: Josiah Ober
Publisher: Princeton University Press
ISBN: 1400828805
Category : Political Science
Languages : en
Pages : 363

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Book Description
When does democracy work well, and why? Is democracy the best form of government? These questions are of supreme importance today as the United States seeks to promote its democratic values abroad. Democracy and Knowledge is the first book to look to ancient Athens to explain how and why directly democratic government by the people produces wealth, power, and security. Combining a history of Athens with contemporary theories of collective action and rational choice developed by economists and political scientists, Josiah Ober examines Athenian democracy's unique contribution to the ancient Greek city-state's remarkable success, and demonstrates the valuable lessons Athenian political practices hold for us today. He argues that the key to Athens's success lay in how the city-state managed and organized the aggregation and distribution of knowledge among its citizens. Ober explores the institutional contexts of democratic knowledge management, including the use of social networks for collecting information, publicity for building common knowledge, and open access for lowering transaction costs. He explains why a government's attempt to dam the flow of information makes democracy stumble. Democratic participation and deliberation consume state resources and social energy. Yet as Ober shows, the benefits of a well-designed democracy far outweigh its costs. Understanding how democracy can lead to prosperity and security is among the most pressing political challenges of modern times. Democracy and Knowledge reveals how ancient Greek politics can help us transcend the democratic dilemmas that confront the world today.

Author:
Publisher:
ISBN: 9780511220623
Category : Constitutional history
Languages : en
Pages : 486

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Book Description
This brings together essays on Athenian law by Edward Harris, who challenges much of the recent scholarship on this topic. Presenting a balanced analysis of the legal system in ancient Athens, Harris stresses the importance of substantive issues and their contribution to our understanding of different types of legal procedures.

Author: Matteo Barbato
Publisher: Edinburgh University Press
ISBN: 1474466443
Category : History
Languages : en
Pages : 264

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Book Description
The debate on Athenian democratic ideology has long been polarised around two extremes. A Marxist tradition views ideology as a cover-up for Athens' internal divisions. Another tradition, sometimes referred to as culturalist, interprets it neutrally as the fixed set of ideas shared by the members of the Athenian community.

Author: Susan Lape
Publisher: Cambridge University Press
ISBN: 1139484125
Category : History
Languages : en
Pages : 357

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Book Description
In Race and Citizen Identity in the Classical Athenian Democracy, Susan Lape demonstrates how a race ideology grounded citizen identity. Although this ideology did not manifest itself in a fully developed race myth, its study offers insight into the causes and conditions that can give rise to race and racisms in both modern and pre-modern cultures. In the Athenian context, racial citizenship emerged because it both defined and justified those who were entitled to share in the political, symbolic, and socioeconomic goods of Athenian citizenship. By investigating Athenian law, drama, and citizenship practices, this study shows how citizen identity worked in practice to consolidate national unity and to account for past Athenian achievements. It also considers how Athenian identity narratives fuelled Herodotus' and Thucydides' understanding of history and causation.

Author: Edwin Carawan
Publisher: JHU Press
ISBN: 1421439506
Category : History
Languages : en
Pages : 323

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Book Description
The definitive book on judicial review in Athens from the 5th through the 4th centuries BCE. The power of the court to overturn a law or decree—called judicial review—is a critical feature of modern democracies. Contemporary American judges, for example, determine what is consistent with the Constitution, though this practice is often criticized for giving unelected officials the power to strike down laws enacted by the people's representatives. This principle was actually developed more than two thousand years ago in the ancient democracy at Athens. In Control of the Laws in the Ancient Democracy at Athens, Edwin Carawan reassesses the accumulated evidence to construct a new model of how Athenians made law in the time of Plato and Aristotle, while examining how the courts controlled that process. Athenian juries, Carawan explains, were manned by many hundreds of ordinary citizens rather than a judicial elite. Nonetheless, in the 1890s, American apologists found vindication for judicial review in the ancient precedent. They believed that Athenian judges decided the fate of laws and decrees legalistically, focusing on fundamental text, because the speeches that survive from antiquity often involve close scrutiny of statutes attributed to lawgivers such as Solon, much as a modern appellate judge might resort to the wording of the Framers. Carawan argues that inscriptions, speeches, and fragments of lost histories make clear that text-based constitutionalism was not so compelling as the ethos of the community. Carawan explores how the judicial review process changed over time. From the restoration of democracy down to its last decades, the Athenians made significant reforms in their method of legislation, first to expedite a cumbersome process, then to revive the more rigorous safeguards. Jury selection adapted accordingly: the procedure was recast to better represent the polis, and packing the court was thwarted by a complicated lottery. But even as the system evolved, the debate remained much the same: laws and decrees were measured by a standard crafted in the image of the people. Offering a comprehensive account of the ancient origins of an important political institution through philological methods, rhetorical analysis of ancient arguments, and comparisons between models of judicial review in ancient Greece and the modern United States, Control of the Laws in the Ancient Democracy at Athens is an innovative study of ancient Greek law and democracy.

Author: Konstantinos A. Kapparis
Publisher: Routledge
ISBN: 1317177517
Category : History
Languages : en
Pages : 394

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Book Description
Athenian Law and Society focuses upon the intersection of law and society in classical Athens, in relation to topics like politics, class, ability, masculinity, femininity, gender studies, economics, citizenship, slavery, crime, and violence. The book explores the circumstances and broader context which led to the establishment of the laws of Athens, and how these laws influenced the lives and action of Athenian citizens, by examining a wide range of sources from classical and late antique history and literature. Kapparis also explores later literature on Athenian law from the Renaissance up to the 20th and 21st centuries, examining the long-lasting impact of the world’s first democracy. Athenian Law and Society is a study of the intersection between law and society in classical Athens that has a wide range of applications to study of the Athenian polis, as well as law, democracy, and politics in both classical and more modern settings.

Author: Richard Garner
Publisher: Routledge
ISBN: 1317800516
Category : History
Languages : en
Pages : 172

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Book Description
Law and Society in Classical Athens, first published in 1987, traces the development of legal thought and its relation to Athenian values. Previously Athens’ courts have been regarded as chaotic, isolated from the rest of society and even bizarre. The importance of rhetoric and the mischief made by Aristophanes have devalued the legal process in the eyes of modern scholars, whilst the analysis of legal codes and practice has seemed dauntingly complex. Professor Garner aims to situate the Athenian legal system within the general context of abstract thought on justice and of the democratic politics of the fifth century. His work is a valuable source of information on all aspects of Athenian law and its relation to culture.