Control Of The Laws In The Ancient Democracy At Athens

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Control Of The Laws In The Ancient Democracy At Athens
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Author : Edwin Carawan
language : en
Publisher: JHU Press
Release Date : 2020-12-15
Control Of The Laws In The Ancient Democracy At Athens written by Edwin Carawan and has been published by JHU Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-15 with History categories.
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.
Control Of The Laws In The Ancient Democracy At Athens
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Author : Edwin Carawan
language : en
Publisher: Johns Hopkins University Press
Release Date : 2020-12-15
Control Of The Laws In The Ancient Democracy At Athens written by Edwin Carawan and has been published by Johns Hopkins University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-15 with History categories.
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.
Keeping To The Point In Athenian Forensic Oratory
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Author : Alberto Esu
language : en
Publisher: Edinburgh University Press
Release Date : 2025-01-31
Keeping To The Point In Athenian Forensic Oratory written by Alberto Esu and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-31 with History categories.
When a litigant initiated a lawsuit in Classical Athens, he submitted a written plaint to the relevant magistrate. This document contained his name, the name of the defendant, the legal procedure employed, and the specific violations of part of the law. If the magistrate accepted the plaint, the legal charges were read to the court before and after the litigants spoke, and the judges swore in their oath to vote only about the charges in the plaint, that is, whether the defendant had violated a specific law or not. In private suits, litigants took an oath to 'keep to the point', that is, discuss only the legal charges. In public cases litigants were under the same obligation. This volume examines several Athenian court speeches and show that litigants paid close attention to legal relevance in court. Consequently, the essays in this volume make the case for integrated approach to rhetoric and law emphasizing an institutional understanding of Athenian forensic oratory.
Divided Power In Ancient Greece
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Author : Alberto Esu
language : en
Publisher: Oxford University Press
Release Date : 2024-02-28
Divided Power In Ancient Greece written by Alberto Esu and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-28 with History categories.
How did the division of power work in Ancient Greece? This groundbreaking study reveals Ancient Greek political decision-making to be a multi-layered system of delegation and legal control. Scholars have previously examined the nature and locus of sovereignty in the Classical and Hellenistic Greek poleis through institutional, rhetorical, or ideological approaches. By concentrating on the institutional design of decree-making, Alberto Esu moves beyond unitary and hierarchical understandings of sovereignty; he presents a new view of power as divided and horizontally organized between different decision-making institutions, each one with its own discourse and expertise. Greek political decision-making is thus seen through a new institutionalist perspective that rediscovers the normative importance of political institutions as factors shaping the collective behaviour of decision-makers. Part I explores how deliberative power in decree-making was delegated in Classical Athens, Mytilene, and Hellenistic Megalopolis. Part II examines procedures of legal control and judicial review in the Classical and Hellenistic periods. Divided power proves to be a feature of both democratic and non-democratic societies across the Ancient Greek world; Esu's analysis of its institutional manifestation transforms our understanding of political life--its discourses and norms--in the Ancient Greek city-states.
The Orderly And The Wild Law Community And Violence In Ancient Athens
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Author : Pasquale De Marco
language : en
Publisher: Pasquale De Marco
Release Date : 2025-07-20
The Orderly And The Wild Law Community And Violence In Ancient Athens written by Pasquale De Marco and has been published by Pasquale De Marco this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-20 with History categories.
In the heart of ancient Greece, the city of Athens stands as a shining beacon of democracy, philosophy, and cultural achievement. Yet, beneath the surface of this intellectual and artistic brilliance lies a society grappling with the complexities of law, community, and violence. This book delves into the intricate relationship between these three elements in ancient Athens, offering a comprehensive examination of the Athenian legal system and its role in regulating violence. Drawing on a wealth of sources, including legal texts, historical accounts, and archaeological evidence, the author paints a vivid picture of the challenges and contradictions of Athenian democracy. From the brutal conflicts between rival political factions to the everyday violence of domestic abuse and assault, Athenians lived in a world where violence was a constant threat. The legal system was often used as a tool to control and regulate violence, but it was also a product of the violent social and political realities of the time. Violence could both undermine the law and be used to uphold it. This book explores the ways in which Athenian law sought to maintain order and justice, protect the rights of individuals, and resolve disputes peacefully. It examines the different types of crimes and punishments in Athens, the role of the courts and the jury system, and the impact of Athenian law on Athenian society. Through this exploration, we gain a deeper understanding of the Athenian legal system and its significance in the development of Western law. We also come to appreciate the enduring relevance of Athenian law and its lessons for our own society, as we continue to grapple with the challenges of law, community, and violence in our own time. If you like this book, write a review!
Athenian Political Thought And The Reconstitution Of American Democracy
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Author : J. Peter Euben
language : en
Publisher: Cornell University Press
Release Date : 2018-07-05
Athenian Political Thought And The Reconstitution Of American Democracy written by J. Peter Euben and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-05 with History categories.
In the contemporary United States the image and experience of Athenian democracy has been appropriated to justify a profoundly conservative political and educational agenda. Such is the conviction expressed in this provocative book, which is certain to arouse widespread comment and discussion. What does it mean to be a citizen in a democracy? Indeed, how do we educate for democracy? These questions are addressed here by thirteen historians, classicists, and political theorists, who critically examine ancient Greek history and institutions, texts, and ideas in light of today's political practices and values. They do not idealize ancient Greek democracy. Rather, they use it, with all its faults, as a basis for measuring the strengths and shortcomings of American democracy. In the hands of the authors, ancient Greek sources become partners in an educational dialogue about democracy's past, one that goads us to think about the limitations of democracy's present and to imagine enriched possibilities for its future. The authors are diverse in their opinions and in their political and moral commitments. But they share the view that insulating American democracy from radical criticism encourages a dangerous complacency that Athenian political thought can disrupt.
Freedom And Power In Classical Athens
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Author : Naomi T. Campa
language : en
Publisher:
Release Date : 2024-04-11
Freedom And Power In Classical Athens written by Naomi T. Campa and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-11 with History categories.
Athenian democracy was distinguished from other ancient constitutions by its emphasis on freedom. This was understood, Naomi T. Campa argues, as being able to do 'whatever one wished,' a widely attested phrase. Citizen agency and power constituted the core of democratic ideology and institutions. Rather than create anarchy, as ancient critics claimed, positive freedom underpinned a system that ideally protected both the individual and the collective. Even freedom, however, can be dangerous. The notion of citizen autonomy both empowered and oppressed individuals within a democratic hierarchy. These topics strike at the heart of democracies ancient and modern, from the discursive principles that structure political procedures to the citizen's navigation between the limitations of law and expression of individual will to the status of noncitizens within a state. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
Athenian Political Thought And The Reconstruction Of American Democracy
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Author : J. Peter Euben
language : en
Publisher: Cornell University Press
Release Date : 1994
Athenian Political Thought And The Reconstruction Of American Democracy written by J. Peter Euben and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with History categories.
A collection of essays on Athenian democracy, organized in three sections on situating the Athenian democracy in relation to various regimes, exploring how discourse in democratic Athens displayed awareness of democracy's limitations, and creating direct dialogues between the discourse of Athenian democracy and that of contemporary thought. Annotation copyright by Book News, Inc., Portland, OR
Athenian Democracy
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Author : Fouad Sabry
language : en
Publisher: One Billion Knowledgeable
Release Date : 2024-08-08
Athenian Democracy written by Fouad Sabry and has been published by One Billion Knowledgeable this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-08 with Political Science categories.
Athenian Democracy offers a deep dive into the origins and impact of Athens' pioneering direct democracy. This essential read for professionals, students, and enthusiasts explores how ancient Athens shaped modern democratic principles. Chapters Highlights: 1. Athenian Democracy - Origins and structure of Athenian democracy, and its influence on political thought. 2. Draco (Lawgiver) - Draco's legal reforms and their role in advancing democracy. 3. Solon - Solon’s reforms and their foundational impact on Athenian democracy. 4. Cleisthenes - Cleisthenes’ political reforms and reorganization of Athens. 5. Boule (Ancient Greece) - The Boule's role and impact on Athenian governance. 6. Areopagus - The Areopagus Council’s judicial and political significance. 7. Ecclesia (Ancient Greece) - The Ecclesia's role in direct democratic decision-making. 8. Classical Athens - The peak of Athenian democracy and its achievements. 9. Pnyx - The Pnyx’s importance in democratic deliberation. 10. Athenian Revolution - Shifts leading to true democracy in Athens. 11. Metic - The role of Metics in Athenian democracy. 12. Solonian Constitution - The impact and legacy of Solonian reforms. 13. Alcmaeonidae - The Alcmaeonidae family's influence on democracy. 14. History of Democracy - Athenian democracy’s broader historical context. 15. Law Court (Ancient Athens) - The function of Athenian law courts in maintaining democracy. 16. Archon Basileus - The role of the Archon Basileus in religious and judicial matters. 17. Ephialtes - Ephialtes’ reforms and their effects on aristocratic power. 18. Heliaia - The Heliaia court system’s impact on democratic participation. 19. Outline of Ancient Greece - Overview of Ancient Greece’s political landscape. 20. Draconian Constitution - The Draconian Constitution’s influence on legal reforms. 21. Outline of Democracy - Connections between ancient and modern democratic practices. Athenian Democracy is a crucial resource for understanding democracy’s roots and ongoing relevance.
Edinburgh Companion To Ancient Greece And Rome
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Author : Edward Bispham
language : en
Publisher: Edinburgh University Press
Release Date : 2006-07-24
Edinburgh Companion To Ancient Greece And Rome written by Edward Bispham and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-24 with History categories.
The Edinburgh Companion, newly available in paperback, is a gateway to the fascinating worlds of ancient Greece and Rome. Wide-ranging in its approach, it demonstrates the multifaceted nature of classical civilisation and enables readers to gain guidance in drawing together the perspectives and methods of different disciplines, from philosophy to history, from poetry to archaeology, from art history to numismatics, and many more.