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Author: Edward Harris
Publisher: Bristol Classical Press
ISBN:
Category : History
Languages : en
Pages : 264
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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: Edward Harris
Publisher: Bristol Classical Press
ISBN:
Category : History
Languages : en
Pages : 264
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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: 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: Paula Perlman
Publisher: University of Texas Press
ISBN: 1477315217
Category : Law
Languages : en
Pages : 241
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Book Description
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: Vasileios Adamidis
Publisher: Taylor & Francis
ISBN: 1317168437
Category : History
Languages : en
Pages : 236
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Book Description
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: Plato
Publisher: DigiCat
ISBN:
Category : Political Science
Languages : en
Pages : 573
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Book Description
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: Vincent Farenga
Publisher: Cambridge University Press
ISBN: 1139456784
Category : History
Languages : en
Pages : 499
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Book Description
This 2006 study examines how the ancient Greeks decided questions of justice as a key to understanding the intersection of our moral and political lives. Combining contemporary political philosophy with historical, literary and philosophical texts, it examines a series of remarkable individuals who performed 'scripts' of justice in early Iron Age, archaic and classical Greece. From the earlier periods, these include Homer's Achilles and Odysseus as heroic individuals who are also prototypical citizens, and Solon the lawgiver, writing the scripts of statute law and the jury trial. In democratic Athens, the focus turns to dialogues between a citizen's moral autonomy and political obligation in Aeschyleon tragedy, Pericles' citizenship paradigm, Antiphon's sophistic thought and forensic oratory, the political leadership of Alcibiades and Socrates' moral individualism.
Author: Lin Foxhall
Publisher: Oxford University Press
ISBN: 9780198140856
Category : History
Languages : en
Pages : 198
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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: Ilias Arnaoutoglou
Publisher: Routledge
ISBN: 1134749953
Category : History
Languages : en
Pages : 155
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Book Description
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: David Phillips
Publisher: University of Michigan Press
ISBN: 0472035916
Category : History
Languages : en
Pages : 559
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Book Description
A topic fundamental to understanding the ancient world
Author: Raphael Sealey
Publisher: Univ of California Press
ISBN: 0520342755
Category : History
Languages : en
Pages : 540
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Book Description
This book introduces the reader to the serious study of Greek history, concentrating more on problems than on narrative. The topics selected have been prominent in modern research and references to important discussions of these have been provided. Outlined are controversial issues of which differing views can be defended. Mr. Sealey's preference is for interpretations which see Greek history as the interaction of personalities, rather than for those which see it as a struggle for economic classes or of abstract ideas. Sealey assumes that the Greek cities of the archaic and classical periods did not inherit any political institutions from the Bronze Age; that the extensive invasions that brought Mycenaean civilization to an end destroyed political habits as effectively as stone palaces. Accordingly, he believes that the Greeks of the historic period were engaged in the fundamental enterprise of building organized society out of nothing. The first chapters of this work deal with the stops taken by the early tyrants, in Sparta and Athens, toward constructing stable organs of authority and of political expression. In later chapters, interest shifts to relations that developed between the states and especially to the development of lasting alliances. Attention is given to the Peloponnesian League, to the Persian Wars, to the Delian League, and to the Second Athenian Sea League of the fourth century.
