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Author: Chris Carey
Publisher: BRILL
ISBN: 9004377891
Category : History
Languages : en
Pages : 401
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Book Description
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: Chris Carey
Publisher: BRILL
ISBN: 9004377891
Category : History
Languages : en
Pages : 401
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Book Description
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: Adriaan Lanni
Publisher: Cambridge University Press
ISBN: 0521198801
Category : History
Languages : en
Pages : 239
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Book Description
This book draws on contemporary legal scholarship to explain why Athens was a remarkably well-ordered society.
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: 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: 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: Adriaan Lanni
Publisher: Cambridge University Press
ISBN: 1139452657
Category : History
Languages : en
Pages :
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Book Description
In this 2006 book, Adriaan Lanni draws on contemporary legal thinking to present a model of the legal system of classical Athens. She analyses 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 individualised and discretionary approach to justice.
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: Zinon Papakonstantinou
Publisher: A&C Black
ISBN: 1472502574
Category : History
Languages : en
Pages : 256
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Book Description
"Lawmaking and Adjudication in Archaic Greece" re-evaluates central aspects of the genesis and application of laws in the communities of archaic Greece, including the structure and function of legislative bodies, the composition of the courts, the administration of justice and the use and abuse of legal norms and procedures by litigants in the courts and everyday settings. Combining a detailed analysis of epigraphical and literary evidence and the application of a model of interpretation borrowed from cultural analyses of law, this book argues that far from being monolithic creations of archaic polities that unilaterally informed social life, archaic legal systems can be more appropriately viewed as ideologically polyvalent and socially complex.It includes legal norms and the administration of justice articulated associations with divine and secular authority but also incorporated, mainly in their reception and application by average citizens, discourses of utility and resistance that actively contributed in the composition of social relations.
Author: Edward M. Harris
Publisher: Oxford University Press
ISBN: 0199899177
Category : History
Languages : en
Pages : 512
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Book Description
The Rule of Law in Action in Democratic Athens examines how the Athenians attempted to enforce and apply the law when judging disputes in court. Recent scholarship has paid considerable attention to the practice and execution of Greek law. However, much of this work has left several flawed assumptions unchallenged, such as that Athenian law was primarily concerned with procedure; that the main task of enforcement lay in the hands of private citizens; that the Athenians used the courts not to uphold the law but to pursue personal feuds; and that the Athenian courts rendered ad hoc judgments and paid little attention to the letter of the law. Drawing on modern legal theory, the author examines the nature of "open texture" in Athenian law and reveals that the Athenians were much more sophisticated in their approach to law than many modern scholars have assumed, and thus breaks considerable new ground in the field. At the same time, the book studies the weaknesses of the Athenian legal system and how they contributed to Athens' defeat in the Peloponnesian War. By reexamining the available evidence, Edward Harris provides a much needed corrective to long-held views and places the Athenian administration of justice in its broad political and social context.
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.
