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Author : David Phillips
Publisher : University of Michigan Press
Page : 559 pages
File Size : 41,9 Mb
Release : 2013-10-14
Category : History
ISBN : 9780472035915
A topic fundamental to understanding the ancient world
Author : Edwin Carawan
Publisher : JHU Press
Page : 323 pages
File Size : 50,7 Mb
Release : 2020-12-15
Category : History
ISBN : 9781421439501
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 : Paula Perlman
Publisher : University of Texas Press
Page : 241 pages
File Size : 43,5 Mb
Release : 2018-03-14
Category : Law
ISBN : 9781477315217
The ancient Greeks invented written law. Yet, in contrast to later societies in which law became a professional discipline, the Greeks treated laws as components of social and political history, reflecting the daily realities of managing society. To understand Greek law, then, requires looking into extant legal, forensic, and historical texts for evidence of the law in action. From such study has arisen the field of ancient Greek law as a scholarly discipline within classical studies, a field that has come into its own since the 1970s. This edited volume charts new directions for the study of Greek law in the twenty-first century through contributions from eleven leading scholars. The essays in the book’s first section reassess some of the central debates in the field by looking at questions about the role of law in society, the notion of “contracts,” feuding and revenge in the court system, and legal protections for slaves engaged in commerce. The second section breaks new ground by redefining substantive areas of law such as administrative law and sacred law, as well as by examining sources such as Hellenistic inscriptions that have been comparatively neglected in recent scholarship. The third section evaluates the potential of methodological approaches to the study of Greek law, including comparative studies with other cultures and with modern legal theory. The volume ends with an essay that explores pedagogy and the relevance of teaching Greek law in the twenty-first century.
Author : Adriaan Lanni
Publisher : Cambridge University Press
Page : 239 pages
File Size : 46,9 Mb
Release : 2016-08-09
Category : History
ISBN : 9780521198806
This book draws on contemporary legal scholarship to explain why Athens was a remarkably well-ordered society.
Author : Douglas Maurice MacDowell
Publisher : Unknown
Page : 288 pages
File Size : 48,9 Mb
Release : 1978
Category : Law
ISBN : UOM:39015011939520
Author : Michael Gagarin,David Cohen
Publisher : Cambridge University Press
Page : 128 pages
File Size : 54,9 Mb
Release : 2005-09-12
Category : History
ISBN : 9781139826891
This Companion volume provides a comprehensive overview of the major themes and topics pertinent to ancient Greek law. A substantial introduction establishes the recent historiography on this topic and its development over the last 30 years. Many of the 22 essays, written by an international team of experts, deal with procedural and substantive law in classical Athens, but significant attention is also paid to legal practice in the archaic and Hellenistic eras; areas that offer substantial evidence for legal practice, such as Crete and Egypt; the intersection of law with religion, philosophy, political theory, rhetoric, and drama, as well as the unity of Greek law and the role of writing in law. The volume is intended to introduce non-specialists to the field as well as to stimulate new thinking among specialists.
Author : Vasileios Adamidis
Publisher : Taylor & Francis
Page : 236 pages
File Size : 52,7 Mb
Release : 2016-11-25
Category : History
ISBN : 9781317168430
There has been much debate in scholarship over the factors determining the outcome of legal hearings in classical Athens. Specifically, there is divergence regarding the extent to which judicial panels were influenced by non-legal considerations in addition to, or even instead of, questions of law. Ancient rhetorical theory and practice devoted much attention to character and it is this aspect of Athenian law which forms the focus of this book. Close analysis of the dispute-resolution passages in ancient Greek literature reveals striking similarities with the rhetoric of litigants in the Athenian courts and thus helps to shed light on the function of the courts and the fundamental nature of Athenian law. The widespread use of character evidence in every aspect of argumentation can be traced to the Greek ideas of ‘character’ and ‘personality’, the inductive method of reasoning, and the social, political and institutional structures of the ancient Greek polis. According to the author’s proposed method of interpretation, character evidence was not a means of diverting the jury’s attention away from the legal issues; instead, it was a constructive and relevant way of developing a legal argument.
Author : Chris Carey,Ifigeneia Giannadaki,Brenda Griffith-Williams
Publisher : BRILL
Page : 401 pages
File Size : 45,6 Mb
Release : 2018-10-02
Category : History
ISBN : 9789004377899
This volume brings together leading scholars and rising researchers in the field of Greek law to examine the role played by the law in thinking and practice in the legal system of classical Athens from a variety of perspectives.
Author : Dennis P. Kehoe,Thomas McGinn
Publisher : University of Michigan Press
Page : 233 pages
File Size : 52,6 Mb
Release : 2017-08-15
Category : History
ISBN : 9780472130436
An engaging look at how ancient Greeks and Romans crafted laws that fit--and, in turn, changed--their worlds
Author : Douglas Maurice MacDowell
Publisher : Cornell University Press
Page : 284 pages
File Size : 46,7 Mb
Release : 1986
Category : History
ISBN : 080149365X
Author : Ilias Arnaoutoglou
Publisher : Routledge
Page : 192 pages
File Size : 40,5 Mb
Release : 2008-02-21
Category : History
ISBN : 9781134749959
In this comprehensive and accessible sourcebook, Ilias Arnaoutoglou presents a collection of ancient Greek laws, which are situated in their legal and historical contexts and are elucidated with relevant selections from Greek literature and epigraphical testimonies. A wide area of legislative activity in major and minor Greek city-states, ranging from Delphoi and Athens in mainland Greece, to Gortyn in Crete, Olbia in South Russia and Aegean cities including Ephesos, Samos and Thasos, is covered. Ilias Arnaoutoglou divides legislation into three main areas: * the household - marriage, divorce, inheritance, adoption, sexual offences and personal status * the market-place - trade, finance, sale, coinage and leases * the state - constitution, legislative process, public duties, colonies, building activities, naval forces, penal regulations, religion, politics and inter-state affairs. Dr Arnaoutoglou explores the significance of legislation in ancient Greece, the differences and similarities between ancient Greek legislation and legislators and their modern counterparts and also provides fresh translations of the legal documents themselves.
Author : Plato
Publisher : DigiCat
Page : 573 pages
File Size : 47,7 Mb
Release : 2022-05-28
Category : Political Science
ISBN : EAN:8596547026365
The Laws is Plato's last, longest, and perhaps, most famous work. It presents a conversation on political philosophy between three elderly men: an unnamed Athenian, a Spartan named Megillus, and a Cretan named Clinias. They worked to create a constitution for Magnesia, a new Cretan colony that would make all of its citizens happy and virtuous. In this work, Plato combines political philosophy with applied legislation, going into great detail concerning what laws and procedures should be in the state. For example, they consider whether drunkenness should be allowed in the city, how citizens should hunt, and how to punish suicide. The principles of this book have entered the legislation of many modern countries and provoke a great interest of philosophers even in the 21st century.
Author : Edward M. Harris
Publisher : Cambridge University Press
Page : 21 pages
File Size : 54,8 Mb
Release : 2006-04-17
Category : History
ISBN : 9781139456890
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 : Konstantinos A. Kapparis
Publisher : Routledge
Page : 394 pages
File Size : 41,9 Mb
Release : 2018-10-26
Category : History
ISBN : 9781317177517
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 : Raphael Sealey
Publisher : UNC Press Books
Page : 216 pages
File Size : 42,5 Mb
Release : 2016-08-01
Category : Literary Criticism
ISBN : 9781469610245
Based on a sophisticated reading of legal evidence, this book offers a balanced assessment of the status of women in classical Greece. Raphael Sealey analyzes the rights of women in marriage, in the control of property, and in questions of inheritance. He advances the theory that the legal disabilities of Greek women occurred because they were prohibited from bearing arms. Sealey demonstrates that, with some local differences, there was a general uniformity in the legal treatment of women in the Greek cities. For Athens, the law of the family has been preserved in some detail in the scrupulous records of speeches delivered in lawsuits. These records show that Athenian women could testify, own property, and be tried for crime, but a male guardian had to administer their property and represent them at law. Gortyn allowed relatively more independence to the female than did Athens, and in Sparta, although women were allowed to have more than one husband, the laws were similar to those of Athens. Sealey's subsequent comparison of the law of these cities with Roman law throws into relief the common concepts and aims of Greek law of the family. Originally published in 1990. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.