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Author: Adriaan Lanni Publisher: Cambridge University Press ISBN: 9780521733014 Category : History Languages : en Pages : 222
Book Description
In The Law Courts of Classical Athens, Adriaan Lanni draws on contemporary legal thinking to present a new model of the legal system of classical Athens. She analyzes the Athenians' preference in most cases for ad hoc, discretionary decision-making, as opposed to what moderns would call the rule of law. Lanni argues that the Athenians consciously employed different approaches to legal decision-making in different types of courts. The varied approaches to legal process stems from a deep tension in Athenian practice and thinking, between the demand for flexibility of legal interpretation consistent with the exercise of democratic power by ordinary Athenian jurors; and the demand for consistency and predictability in legal interpretation expected by litigants and necessary to permit citizens to conform their conduct to the law. Lanni presents classical Athens as a case study of a successful legal system that, by modern standards, had an extraordinarily individualized and discretionary approach to justice.
Author: Adriaan Lanni Publisher: Cambridge University Press ISBN: 9780521733014 Category : History Languages : en Pages : 222
Book Description
In The Law Courts of Classical Athens, Adriaan Lanni draws on contemporary legal thinking to present a new model of the legal system of classical Athens. She analyzes the Athenians' preference in most cases for ad hoc, discretionary decision-making, as opposed to what moderns would call the rule of law. Lanni argues that the Athenians consciously employed different approaches to legal decision-making in different types of courts. The varied approaches to legal process stems from a deep tension in Athenian practice and thinking, between the demand for flexibility of legal interpretation consistent with the exercise of democratic power by ordinary Athenian jurors; and the demand for consistency and predictability in legal interpretation expected by litigants and necessary to permit citizens to conform their conduct to the law. Lanni presents classical Athens as a case study of a successful legal system that, by modern standards, had an extraordinarily individualized and discretionary approach to justice.
Author: Richard Garner Publisher: Routledge ISBN: 1317800516 Category : History Languages : en Pages : 172
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.
Author: Victoria Wohl Publisher: Cambridge University Press ISBN: 1139483714 Category : History Languages : en Pages : 377
Book Description
Recent literary-critical work in legal studies reads law as a genre of literature, noting that Western law originated as a branch of rhetoric in classical Greece and lamenting the fact that the law has lost its connection to poetic language, narrative, and imagination. But modern legal scholarship has paid little attention to the actual juridical discourse of ancient Greece. This book rectifies that neglect through an analysis of the courtroom speeches from classical Athens, texts situated precisely at the intersection between law and literature. Reading these texts for their subtle literary qualities and their sophisticated legal philosophy, it proposes that in Athens' juridical discourse literary form and legal matter are inseparable. Through its distinctive focus on the literary form of Athenian forensic oratory, Law's Cosmos aims to shed new light on its juridical thought, and thus to change the way classicists read forensic oratory and legal historians view Athenian law.
Author: Konstantinos Kapparis Publisher: Intersectionality in Classical ISBN: 9781474446730 Category : History Languages : en Pages : 288
Book Description
Konstantinos Kapparis challenges the traditional view that free women, citizen and metic, were excluded from the Athenian legal system. Looking at existing fragmentary evidence largely from speeches, Kapparis reveals that it unambiguously suggests that free women were far from invisible in the legal system and the life of the polis. In the first part of the book Kapparis discusses the actual cases which included women as litigants, and the second part interprets these cases against the legal, social, economic and cultural background of classical Athens. In doing so he explores how factors such as gender, religion, women's empowerment and the rise of the Attic hetaira as a cultural icon intersected with these cases and ultimately influenced the construction of the speeches.
Author: Michael Gagarin Publisher: University of Texas Press ISBN: 1477320377 Category : History Languages : en Pages : 209
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: Saundra Schwartz Publisher: Barkhuis ISBN: 9492444208 Category : History Languages : en Pages : 285
Book Description
From Bedroom to Courtroom argues that the fictional trial scenes in the Greek ideal romances reflect Roman legal institutions and ideas, particularly relating to family and sexuality. Given the genre's emphasis on love and chastity, the specter of adultery looms over most of the scenarios that develop into elaborate trials. Such scenes shed light on the Greek reception of the criminalization of adultery promulgated by the moral legislation during the reign of Augustus. This book focuses on three major novels whose composition coincided with the extension of Roman citizenship when access to Roman courts was granted to increasing numbers of inhabitants of the eastern provinces of the Roman Empire. Chariton's Callirhoe is interpreted as an artifact of the generation after the implementation of the Augustan moral legislation, particularly its criminalization of adultery. Achilles Tatius' Leucippe and Clitophon was created in a legally pluralistic milieu where shrewd sophists learned to navigate and exploit the interstices between the overlapping jurisdictions of imperial and local law. Finally, Heliodorus' Aethiopica, widely regarded as the masterpiece of the genre, adapts the type-scene of the trial to present a series of case studies of different types of government, culminating in the utopian kingdom of Meroe. Through the novels' melodramatic trial scenes, we can begin to see how the opening of Roman courtroom to Greek-speaking citizens of the Roman Empire stimulated dreams of a world in which universal justice under Rome was wed to Hellenism.
Author: Lin Foxhall Publisher: Oxford University Press ISBN: 9780198140856 Category : History Languages : en Pages : 198
Book Description
This volume explores the ways in which law integrated with other aspects of life in ancient Greece. The papers collected here reveal a number of different pathways between law and political, social, and economic life in Greek societies. Emanating from several scholarly traditions, they offer a range of contrasting but complementary insights rarely collected together. What emerges clearly is that law in Greece only takes on its full meaning in a broadly political context. Dynamic tensions govern the relationships between this semi-autonomous legal arena and other spheres of life. An ideology of equality before the law was juxtaposed with a practical reality of individuals' unequal abilities to cope with it. It is hard to draw firm lines between the settlement of cases in court and the spill-over of legal actions into the agora, the streets, the fields, and the houses. Hence it is hardly surprising if justice can all too easily give way to justification.
Author: Edward Harris Publisher: Bristol Classical Press ISBN: Category : History Languages : en Pages : 264
Book Description
How successful were the Greeks in bringing about the rule of law? What did the Greeks recognise as law both in the polis and internationally? This collection of essays sets out to answer these questions.
Author: Matthew R. Christ Publisher: JHU Press ISBN: 9780801858635 Category : History Languages : en Pages : 348
Book Description
The democratic revolution that swept Classical Athens transformed the role of law in Athenian society. The legal process and the popular courts took on new and expanded roles in civic life. Although these changes occurred with the consent of the "people" (demos), Athenians were ambivalent about the spread of legal culture. In particular, they were aware that unscrupulous individuals might manipulate the laws and the legal process to serve their own purposes. Indeed, throughout the Classical Period, when Athenians gathered in public and private settings, they regularly discussed, debated, and complained about legal chicanery, or sukophantia. In The Litigious Athenian, Matthew Christ explores what this ancient discussion reveals about how Athenians conceived of and responded to problematic aspects of their collective legal experience. The transfer of significant judicial power from the elite Areopagus Council to the popular courts was a crucial step in the establishment of Athenian democracy, Christ notes, and Athenians took great pride in their legal system. They chose not to make significant changes to their legal institutions even though they could have done so at any time through a majority vote of the Assembly. Determining that the term sykophant was applied rhetorically rather than, as some have believed, to describe a specific subclass, Christ shows how the public debates over legal chicanery helped define the limits of ethical behavior under the law and in public life.
Author: Adriaan Lanni
Author: Adriaan Lanni
Author: Adriaan Lanni
Author: Richard Garner
Author: Victoria Wohl
Author: Konstantinos Kapparis
Author: Michael Gagarin
Author: Saundra Schwartz
Author: Lin Foxhall
Author: Edward Harris
Author: Matthew R. Christ