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Author: Alick Robin Walsham Harrison
Publisher: Oxford : Clarendon P
ISBN:
Category : Law
Languages : en
Pages : 296
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Book Description
This book discusses the various judicial procedures available for remedying wrongs, whether against the state or the individual, in ancient Athens. It begins by identifying and describing the specific functions of the different judicial organs provided by the state to make and enforce judicial decisions. Among these are the magistrates, which are further classified into the archons, the Eleven, the Forty, the eisagogeis, and the nautodikai and the xenodikai. Otherorgans include the street and market officials, the apodektai, the accounting officers, the military officers, the extraordinary officers, and the demarchs. Cases were settled in homicide courts, thediskasteries, and the ekklesia and the boule. The state also allowed the use of private and public arbitrators, who were subject to certain rules laid down by the state and whose decisions were deemed legally binding. The book then traces the development of the concept of process at law in Athens during the classical period. This period saw the introduction of such concepts as the heliaia, special pleas, documentary evidences, and witness testimonies. Different types of suits and proceduralremedies also were made available to Athenians who were wronged and seeking redress. In the final chapter, particular focus is given to the special court proceedings for public wrongs brought before adikastery by a person seeking redress for an improper administrative act of a magistrate or a public body or seeking a final decision on a person's legal qualification to enter upon some particular status.
Author: Alick Robin Walsham Harrison
Publisher: Oxford : Clarendon P
ISBN:
Category : Law
Languages : en
Pages : 296
Get Book Here
Book Description
This book discusses the various judicial procedures available for remedying wrongs, whether against the state or the individual, in ancient Athens. It begins by identifying and describing the specific functions of the different judicial organs provided by the state to make and enforce judicial decisions. Among these are the magistrates, which are further classified into the archons, the Eleven, the Forty, the eisagogeis, and the nautodikai and the xenodikai. Otherorgans include the street and market officials, the apodektai, the accounting officers, the military officers, the extraordinary officers, and the demarchs. Cases were settled in homicide courts, thediskasteries, and the ekklesia and the boule. The state also allowed the use of private and public arbitrators, who were subject to certain rules laid down by the state and whose decisions were deemed legally binding. The book then traces the development of the concept of process at law in Athens during the classical period. This period saw the introduction of such concepts as the heliaia, special pleas, documentary evidences, and witness testimonies. Different types of suits and proceduralremedies also were made available to Athenians who were wronged and seeking redress. In the final chapter, particular focus is given to the special court proceedings for public wrongs brought before adikastery by a person seeking redress for an improper administrative act of a magistrate or a public body or seeking a final decision on a person's legal qualification to enter upon some particular status.
Author: A. R. W. Harrison
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Edward M. Harris
Publisher: Oxford University Press
ISBN: 0199899169
Category : History
Languages : en
Pages : 488
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Book Description
The Law in Action in Democratic Athens is the first extensive study of the importance of the rule of law in Athenian democracy.
Author: A.R.W. Harrison
Publisher:
ISBN:
Category : Judicial process
Languages : en
Pages : 270
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Book Description
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: A. R. W. Harrison
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Author: Konstantinos A. Kapparis
Publisher: Routledge
ISBN: 1317177517
Category : History
Languages : en
Pages : 394
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Book Description
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: 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: 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: Michael Gagarin
Publisher: Cambridge University Press
ISBN: 1139826891
Category : History
Languages : en
Pages :
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Book Description
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.
