Download or read book Control of the Laws in the Ancient Democracy at Athens written by Edwin Carawan and published by JHU Press. This book was released on 2020-12-15 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Democracy and the Rule of Law in Classical Athens written by Edward M. Harris and published by Cambridge University Press. This book was released on 2006-04-17 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together essays on Athenian law by Edward M. Harris, who challenges much of the recent scholarship on this topic. Presenting a balanced analysis of the legal system in ancient Athens, Harris stresses the importance of substantive issues and their contribution to our understanding of different types of legal procedures. He combines careful philological analysis with close attention to the political and social contexts of individual statutes. Collectively, the essays in this volume demonstrate the relationship between law and politics, the nature of the economy, the position of women, and the role of the legal system in Athenian society. They also show that the Athenians were more sophisticated in their approach to legal issues than has been assumed in the modern scholarship on this topic.
Download or read book The Athenian Republic written by Raphael Sealey and published by Penn State Press. This book was released on 1990-09-24 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces continuity in the development of the Athenian constitution, whereas previous studies have usually looked for catastrophic changes. Sealey selects three features of Athenian law which are important for the structure of society and the location of authority: (1) the legal status, and to a lesser extent the socioeconomic condition, of the different kinds of inhabitants of Attica; (2) the distinction, recognized in the fourth century, between "laws" and "decrees," analyzing what the Athians understood by "law"; and (3) the development of the Athenian courts. At an early stage the Athenians conceived the ideal of the rule of law and adhered to it continuously. They did so by means of a static concept of law and maintenance of an independent judiciary. The book is designed to be of importance not only for specialists in classical studies but for general historians, political scientists, and those concerned with the history of law. The book is within the reach of an advanced undergraduate and graduate audience.
Download or read book Disputes and Democracy written by Steven Johnstone and published by University of Texas Press. This book was released on 2010-07-05 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Athenians performed democracy daily in their law courts. Without lawyers or judges, private citizens, acting as accusers and defendants, argued their own cases directly to juries composed typically of 201 to 501 jurors, who voted on a verdict without deliberation. This legal system strengthened and perpetuated democracy as Athenians understood it, for it emphasized the ideological equality of all (male) citizens and the hierarchy that placed them above women, children, and slaves. This study uses Athenian court speeches to trace the consequences for both disputants and society of individuals' decisions to turn their quarrels into legal cases. Steven Johnstone describes the rhetorical strategies that prosecutors and defendants used to persuade juries and shows how these strategies reveal both the problems and the possibilities of language in the Athenian courts. He argues that Athenian "law" had no objective existence outside the courts and was, therefore, itself inherently rhetorical. This daring new interpretation advances an understanding of Athenian democracy that is not narrowly political, but rather links power to the practices of a particular institution.
Download or read book Creating a Constitution written by Federica Carugati and published by Princeton University Press. This book was released on 2019-08-20 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive account of how the Athenian constitution was created and how political and economic goals that were normally associated with Western developed countries were once achieved through different institutional arrangements--with lessons for contemporary constitution-building.ding.
Download or read book The Athenian Constitution written by Aristotle and published by Prabhat Prakashan. This book was released on 2024-05-29 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delve into the foundations of democracy with "The Athenian Constitution" by Aristotle. In this seminal work, Aristotle offers a detailed examination of the political system of ancient Athens, providing invaluable insights into the birth of democracy and its functioning in one of the most influential city-states of antiquity. Are you ready to explore the origins of democracy and uncover its principles through the eyes of one of history's greatest philosophers? In "The Athenian Constitution," Aristotle meticulously analyzes the political institutions, laws, and customs of Athens, shedding light on the mechanisms that governed the city-state and shaped its democratic governance. From the roles of citizens and magistrates to the functioning of the legislative and judicial bodies, Aristotle provides a comprehensive overview of Athenian democracy. But here's the real question: Will you dare to journey back in time to ancient Athens and witness the birth of democracy firsthand? Are you prepared to grapple with the complexities of political theory and governance in the cradle of Western civilization? Experience the intellectual legacy of Aristotle. Immerse yourself in the timeless wisdom of "The Athenian Constitution" and gain a deeper understanding of the principles that underpin democratic governance. Don't miss your chance to explore the foundations of democracy. Purchase your copy of "The Athenian Constitution" today and embark on a journey through the annals of political history.
Download or read book Athenian Democracy written by Rhodes P. J. Rhodes and published by Edinburgh University Press. This book was released on 2019-08-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Athens' democracy developed during the sixth and fifth centuries and continued into the fourth; Athens' defeat by Macedon in 322 began a series of alternations between democracy and oligarchy. The democracy was inseparably bound up with the ideals of liberty and equality, the rule of law, and the direct government of the people by the people. Liberty meant above all freedom of speech, the right to be heard in the public assembly and the right to speak one's mind in private. Equality meant the equal right of the male citizens (perhaps 60,000 in the fifth century, 30,000 in the fourth) to participate in the government of the state and the administration of the law. Disapproved of as mob rule until the nineteenth century, the institutions of Athenian democracy have become an inspiration for modern democratic politics and political philosophy. P. J. Rhodes's reader focuses on the political institutions, political activity, history, and nature of Athenian democracy and introduces some of the best British, American, German and French scholarship on its origins, theory and practice. Part I is devoted to political institutions: citizenship, the assembly, the law-courts, and capital punishment. Part II explores aspects of political activity: the demagogues and their relationship with the assembly, the manoeuvrings of the politicians, competitive festivals, and the separation of public from private life. Part III looks at three crucial points in the development of the democracy: the reforms of Solon, Cleisthenes and Ephialtes. Part IV considers what it was in Greek life that led to the development of democracy. Some of the authors adopt broad-brush approaches to major questions; others analyse a particular body of evidence in detail. Use is made of archaeology, comparison with other societies, the location of festivals in their civic context, and the need to penetrate behind what the classical Athenians made of their past.
Download or read book The Rule of Law in Action in Democratic Athens written by Edward M. Harris and published by Oxford University Press. This book was released on 2013-10-08 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Morality and Behaviour in Democratic Athens written by Gabriel Herman and published by Cambridge University Press. This book was released on 2006-12-07 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a model for societal behaviour and morality in ancient Athens.
Download or read book Democracy and the Rule of Law in Classical Athens written by and published by . This book was released on 2006 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: This brings together essays on Athenian law by Edward Harris, who challenges much of the recent scholarship on this topic. Presenting a balanced analysis of the legal system in ancient Athens, Harris stresses the importance of substantive issues and their contribution to our understanding of different types of legal procedures.
Download or read book Democratic Law in Classical Athens written by Michael Gagarin and published by University of Texas Press. This book was released on 2020-03-17 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The democratic legal system created by the Athenians was completely controlled by ordinary citizens, with no judges, lawyers, or jurists involved. It placed great importance on the litigants’ rhetorical performances. Did this make it nothing more than a rhetorical contest judged by largely uneducated citizens that had nothing to do with law, a criticism that some, including Plato, have made? Michael Gagarin argues to the contrary, contending that the Athenians both controlled litigants’ performances and incorporated many other unusual features into their legal system, including rules for interrogating slaves and swearing an oath. The Athenians, Gagarin shows, adhered to the law as they understood it, which was a set of principles more flexible than our current understanding allows. The Athenians also insisted that their legal system serve the ends of justice and benefit the city and its people. In this way, the law ultimately satisfied most Athenians and probably produced just results as often as modern legal systems do. Comprehensive and wide-ranging, Democratic Law in Classical Athens offers a new perspective for viewing a legal system that was democratic in a way only the Athenians could achieve.
Download or read book Athenian Law and Society written by Konstantinos A. Kapparis and published by Routledge. This book was released on 2018-10-26 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Basic Ideas of Ancient Greek Democracy and Their Relevance for Modern Conceptions of Democracy written by Lisa Wegener and published by GRIN Verlag. This book was released on 2008-10 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2008 in the subject Politics - Political Theory and the History of Ideas Journal, University of Applied Sciences Bremen, course: Democracy: Theory and Practice, 6 entries in the bibliography, language: English, abstract: The fascination that springs from the first democratic polity of history, the ancient polis of Attica, remains undaunted right up to now and the examination of this alluring topic will certainly occupy future scientists as well. The main questions are: How - and most of all why - did democracy develop at this time and at this place? How was this political system organised? And what lessons can we draw from the rise and fall of the Athenian democracy? In the following, I am going to touch some of these issues while analysing what the basic ideas of Athenian democracy looked like, comparing the ancient with the modern understanding and investigating to what extent they might be relevant to current theories of democracy. Thus, I am going to concentrate more on the abstract, intellectual foundations of the political system than on concrete manifestations like institutions and procedures. From my point of view, this approach appears to be more advantageous anyway because the formal frame could only be applied much harder to modern states than general ideas might be. As the basic ideas which led to the genesis and shaped the form of democracy may be considered the power of the people (commonly known as the rule of the people but I am going to show why this is not the appropriate translation), equality, liberty and the rule of law. After having examined the nature and consequences of these concepts, I am going to summarise my results.
Download or read book Athenian Democracy A Sourcebook written by Luca Asmonti and published by Bloomsbury Publishing. This book was released on 2014-12-18 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a wide range of literary and epigraphic sources on the history of the world's first democracy, offering a comprehensive survey of the key themes and principles of Athenian democratic culture. Beginning with the mythical origins of Athenian democracy under Theseus and describing the historical development of Athens' democratic institutions through Solon's reforms to the birth of democracy under Cleisthenes, the book addresses the wider cultural and social repercussions of the democratic system, concluding with a survey of Athenian democracy in the Hellenistic and Roman age. All sources are presented in translation with full annotation and commentary and each chapter opens with an introduction to provide background and direction for readers. Sources include material by Aristotle, Homer, Aristophanes, Herodotus, Thucydides, Cicero, Tacitus and many others. The volume also includes an A-Z of key terms, an annotated bibliography with suggestions for further reading in the primary sources as well as modern critical works on Athenian democracy, and a full index.
Download or read book Democracy and Participation in Athens written by R. K. Sinclair and published by Cambridge University Press. This book was released on 1988 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The public aspects of the lives of Athenian citizens (c. 450 to 322 BC.) are assessed to establish the nature and extent of citizen participation in the governing democracy of that period.
Download or read book Athenian Democracy written by John Thorley and published by Routledge. This book was released on 2005-06-20 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pamphlet outlines the development and operation of Athenian democracy to the end of the fifth century BC. Separate sections examine the prelude to democracy, the emergence of a democratic system, and the way this system worked in practice. A final section focuses on the questions: how should we judge the success of Athenian democracy? who benefitted? was it an efficient system of government? in what sense was Athenian democracy the forerunner of modern democracies?
Download or read book The Laws written by Plato and published by Penguin UK. This book was released on 2005-01-27 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Laws, Plato describes in fascinating detail a comprehensive system of legislation in a small agricultural utopia he named Magnesia. His laws not only govern crime and punishment, but also form a code of conduct for all aspects of life in his ideal state - from education, sport and religion to sexual behaviour, marriage and drinking parties. Plato sets out a plan for the day-to-day rule of Magnesia, administered by citizens and elected officials, with supreme power held by a Council. Although Plato's views that citizens should act in complete obedience to the law have been read as totalitarian, the Laws nonetheless constitutes a highly impressive programme for the reform of society and provides a crucial insight into the mind of one of Classical Greece's foremost thinkers.
