Use And Abuse Of Law In The Athenian Courts
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Use And Abuse Of Law In The Athenian Courts
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Author : Chris Carey
language : en
Publisher: BRILL
Release Date : 2018-10-02
Use And Abuse Of Law In The Athenian Courts written by Chris Carey and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-02 with History categories.
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.
Lawmaking And Adjudication In Archaic Greece
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Author : Zinon Papakonstantinou
language : en
Publisher: A&C Black
Release Date : 2015-12-20
Lawmaking And Adjudication In Archaic Greece written by Zinon Papakonstantinou and has been published by A&C Black this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-20 with History categories.
"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.
The Rule Of Law In Action In Democratic Athens
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Author : Edward M. Harris
language : en
Publisher: Oxford University Press
Release Date : 2013-10-08
The Rule Of Law In Action In Democratic Athens written by Edward M. Harris 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 2013-10-08 with History categories.
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.
The Law And The Courts In Ancient Greece
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Author : Edward Harris
language : en
Publisher: Bristol Classical Press
Release Date : 2004-03-18
The Law And The Courts In Ancient Greece written by Edward Harris and has been published by Bristol Classical Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-03-18 with History categories.
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.
Law And Justice In The Courts Of Classical Athens
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Author : Adriaan Lanni
language : en
Publisher: Cambridge University Press
Release Date : 2006-02-27
Law And Justice In The Courts Of Classical Athens written by Adriaan Lanni and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-02-27 with History categories.
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.
Evidence In Athenian Courts
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Author : Robert Johnson Bonner
language : en
Publisher: Theclassics.Us
Release Date : 2013-09
Evidence In Athenian Courts written by Robert Johnson Bonner and has been published by Theclassics.Us this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-09 with categories.
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...
Law And Society In Classical Athens Routledge Revivals
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Author : Richard Garner
language : en
Publisher: Routledge
Release Date : 2014-03-18
Law And Society In Classical Athens Routledge Revivals written by Richard Garner and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-18 with History categories.
Law and Society in Classical Athens, first published in 1987, traces the development of legal thought and its relation to Athenian values. Previously Athens’ courts have been regarded as chaotic, isolated from the rest of society and even bizarre. The importance of rhetoric and the mischief made by Aristophanes have devalued the legal process in the eyes of modern scholars, whilst the analysis of legal codes and practice has seemed dauntingly complex. Professor Garner aims to situate the Athenian legal system within the general context of abstract thought on justice and of the democratic politics of the fifth century. His work is a valuable source of information on all aspects of Athenian law and its relation to culture.
Forensic Narratives In Athenian Courts
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Author : Mike Edwards
language : en
Publisher: Routledge
Release Date : 2019-08-01
Forensic Narratives In Athenian Courts written by Mike Edwards and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-08-01 with History categories.
Forensic Narratives in Athenian Courts breaks new ground by exploring different aspects of forensic storytelling in Athenian legal speeches and the ways in which forensic narratives reflect normative concerns and legal issues. The chapters, written by distinguished experts in Athenian oratory and society, explore the importance of narratives for the arguments of relatively underdiscussed orators such as Isaeus and Apollodorus. They employ new methods to investigate issues such as speeches’ deceptiveness or the appraisals which constitute the emotion scripts that speakers put together. This volume not only addresses a gap in the field of Athenian oratory, but also encourages comparative approaches to forensic narratives and fiction, and fresh investigations of the implications of forensic storytelling for other literary genres. Forensic Narratives in Athenian Courts will be an invaluable resource to students and researchers of Athenian oratory and their legal system, as well as those working on Greek society and literature more broadly.
Law Violence And Community In Classical Athens
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Author : David Cohen
language : en
Publisher: Cambridge University Press
Release Date : 1995-10-05
Law Violence And Community In Classical Athens written by David Cohen and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-10-05 with History categories.
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.
Ancient Athenian Maritime Courts
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Author : Edward E. Cohen
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2010-02
Ancient Athenian Maritime Courts written by Edward E. Cohen and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02 with Courts categories.
Classicists and lawyers alike will find this a fascinating study that shows how certain principles of Athenian maritime law are still imbedded in the modern international law of maritime commerce. Cohen has made a unique and substantial contribution to our understanding of the Athens of Plato, Aristotle and Demosthenes. Athens was the dominant maritime power in the West from the eighth to fourth centuries BCE. Athenian preeminence insured that its maritime law was accepted throughout the Mediterranean world. Indeed, its influence outlasted Athens and is the only area of classical Greek law that wasn't replaced entirely by Roman models. Codified during the Roman period in the Rhodian Sea laws, it went on to influence the subsequent development of European commercial and maritime law. Using both ancient and secondary sources, Cohen explores the development of Athenian maritime law, the jurisdiction and procedure of the courts and the Athenian principles that have endured to the present day. He successfully treats the much-discussed problem of why they were termed "monthly" and describes how "supranationality" was a feature of all Hellenic maritime law. He goes on to show how their jurisdiction was limited ratione rerum, not ratione personarum, because a legally defined "commercial class" did not exist in Athens at this time. Edward E. Cohen, an attorney with a Ph.D. in Classics, is both distinguished historian of Classical Greece, Professor of Ancient History (adjunct) at the University of Pennsylvania and the Chief Executive Officer of Atlas America, a producer and processor of natural gas. His other books include Athenian Economy and Society: A Banking Perspective (1992) and The Athenian Nation (2000). "Cohen's competence in the history of law, his own experience as a practicising lawyer with a Ph.D. in Classics, and his belief that in the principles of Greek maritime commerce reside "the germinal cells of the complex modern international law of maritime commerce" (p. 5), ought to have won for this book a much wider audience than it is likely to have. (...) As the most detailed treatment of Athenian maritime law Cohen's valuable book must be given a place beside the important contributions of his predecessors, Paoli, Calhoun, and Gernet." Ronald S. Stroud, American Journal of Legal History 19 (1975) 71. " A] learned and precise examination of certain terms and procedures associated in the fourth century B.C. with lawsuits that arose out of Athenian maritime commerce. (...) Argumentation throughout is responsible. Cohen knows the sources and has read critically in a wide range of secondary material. The book is a valuable addition to our understanding of a comparatively little known area of Athenian law." Alan L. Boegehold, The Classical World 69, No. 3 (Nov., 1975) 214.