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Author: Vasileios Adamidis
Publisher: Taylor & Francis
ISBN: 1317168437
Category : History
Languages : en
Pages : 244
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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: Robert Johnson Bonner
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584777230
Category : Courts
Languages : en
Pages : 100
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Book Description
"This is a learned, keen and vigorous essay dealing with the subject of Evidence in Athenian Courts from the standpoint of English law. (...) Writers on the theory and practice of evidence wherever considered or used, will find this work valuable. And practitioners had better not turn their backs on an account of classics which goes into the human nature of art in the way indicated by the following description of how Greek speech writers served their clients who were conventionally supposed to use their own language about their own cases.": Charles E. Grinnell, American Law Review 42 (1948) 946.
Author: Vasileios Adamidis
Publisher: Taylor & Francis
ISBN: 1317168437
Category : History
Languages : en
Pages : 244
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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: Robert Johnson Bonner
Publisher:
ISBN:
Category : Courts
Languages : en
Pages : 108
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Book Description
Author: Robert Johnson Bonner
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Author: Robert Johnson Bonner
Publisher: Theclassics.Us
ISBN: 9781230261843
Category :
Languages : en
Pages : 40
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ... CHAPTER I INTRODUCTION The experience of Athens has shown that law may be administered satisfactorily without a professional class either of judges or of lawyers. Magistrates chosen by lot were constantly required to exercise important judicial functions for which they had no special training; nor were they able to gain a fund of knowledge by experience, as they held office for one year only. In all probability, the general efficiency of the magistrates was largely due to the practice which permitted them to choose their own assessors. This enabled a weak magistrate to secure the assistance of a competent man to aid him in his official duties. There is, however, no indication that these assessors were reappointed by succeeding magistrates, as is the case in the British system of government, where deputies may continue to hold office under different ministers of the crown. With the object of making each citizen take his full share in public life, and of preserving equality ( crorifita) in the citizen body, litigants, if citizens, were required to take their own cases in court. But this was an ideal beyond the possibility of achievement even in the Athens of Pericles. And so there arose a class of men whose business it was to write speeches for those who were unequal to the task of pleading their own cases. These Koyvfpajxu. did to a certain degree constitute a professional class, but they were not lawyers in our sense of the word. A knowledge of rhetoric was quite as important for their success as a knowledge of law. Moreover, the necessity of fitting the speech to the character of his client tended to keep the speech-writer in the background. Indeed, every artifice was resorted to in order to keep up the delusion that the litigant...
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: Allison Glazebrook
Publisher: University of Texas Press
ISBN: 1477324402
Category : History
Languages : en
Pages : 265
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Book Description
Oratory is a valuable source for reconstructing the practices, legalities, and attitudes surrounding sexual labor in classical Athens. It provides evidence of male and female sex laborers, sex slaves, brothels, sex traffickers, the cost of sex, contracts for sexual labor, and manumission practices for sex slaves. Yet the witty, wealthy, free, and independent hetaira well-known from other genres, does not feature. Its detailed narratives and character portrayals provide a unique discourse on sexual labor and reveal the complex relationship between such labor and Athenian society. Through a holistic examination of five key speeches, Sexual Labor in the Athenian Courts considers how portrayals of sex laborers intersected with gender, the body, sexuality, the family, urban spaces, and the polis in the context of the Athenian courts. Drawing on gender theory and exploring questions of space, place, and mobility, Allison Glazebrook shows how sex laborers represented a diverse set of anxieties concerning social legitimacy and how the public discourse about them is in fact a discourse on Athenian society, values, and institutions.
Author: Edwin Carawan
Publisher: JHU Press
ISBN: 1421439506
Category : History
Languages : en
Pages : 323
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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:
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ISBN:
Category :
Languages : en
Pages :
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Author: Robert J. Bonner
Publisher:
ISBN: 9780649431151
Category : History
Languages : en
Pages : 110
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