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 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 2013-09 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law in Action in Democratic Athens is the first extensive study of the importance of the rule of law in Athenian democracy.
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 The Law of Athens Procedure written by Alick Robin Walsham Harrison and published by Oxford : Clarendon P. This book was released on 1968 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Use and Abuse of Law in the Athenian Courts written by Chris Carey and published by BRILL. This book was released on 2018-10-02 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely volume brings together leading scholars and rising researchers in the field to examine the role played by the law in thinking and practice in the legal system of classical Athens. The aim is not to find a single perspective or method for the study of Athenian law but to explore the subject from a variety of different angles. The focus of the collection on ‘use and abuse’ raises fundamental questions about the status of law in the Athenian constitution as well as the use of law(s) in the courts, the nature of law itself, and the elusiveness of a definition of ‘abuse’. An introduction sketches the major developments in the field over the last century.
Download or read book The Law of Ancient Athens written by David Phillips and published by University of Michigan Press. This book was released on 2013-10-14 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A topic fundamental to understanding the ancient world
Download or read book The Cambridge Companion to Ancient Greek Law written by Michael Gagarin and published by Cambridge University Press. This book was released on 2005-09-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law and Order in Ancient Athens written by Adriaan Lanni and published by Cambridge University Press. This book was released on 2016-08-09 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws on contemporary legal scholarship to explain why Athens was a remarkably well-ordered society.
Download or read book The Cambridge Companion to Ancient Athens written by Jenifer Neils and published by Cambridge University Press. This book was released on 2021-02-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive introduction to ancient Athens, its topography, monuments, inhabitants, cultural institutions, religious rituals, and politics. Drawing from the newest scholarship on the city, this volume examines how the city was planned, how it functioned, and how it was transformed from a democratic polis into a Roman urbs.
Download or read book The Law and the Courts in Ancient Greece written by Edward Harris and published by Bristol Classical Press. This book was released on 2004-03-18 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Laws written by Plato and published by DigiCat. This book was released on 2022-05-28 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Laws is Plato's last, longest, and perhaps, most famous work. It presents a conversation on political philosophy between three elderly men: an unnamed Athenian, a Spartan named Megillus, and a Cretan named Clinias. They worked to create a constitution for Magnesia, a new Cretan colony that would make all of its citizens happy and virtuous. In this work, Plato combines political philosophy with applied legislation, going into great detail concerning what laws and procedures should be in the state. For example, they consider whether drunkenness should be allowed in the city, how citizens should hunt, and how to punish suicide. The principles of this book have entered the legislation of many modern countries and provoke a great interest of philosophers even in the 21st century.
Download or read book Ancient Greek Law in the 21st Century written by Paula Perlman and published by University of Texas Press. This book was released on 2018-03-14 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ancient Greeks invented written law. Yet, in contrast to later societies in which law became a professional discipline, the Greeks treated laws as components of social and political history, reflecting the daily realities of managing society. To understand Greek law, then, requires looking into extant legal, forensic, and historical texts for evidence of the law in action. From such study has arisen the field of ancient Greek law as a scholarly discipline within classical studies, a field that has come into its own since the 1970s. This edited volume charts new directions for the study of Greek law in the twenty-first century through contributions from eleven leading scholars. The essays in the book’s first section reassess some of the central debates in the field by looking at questions about the role of law in society, the notion of “contracts,” feuding and revenge in the court system, and legal protections for slaves engaged in commerce. The second section breaks new ground by redefining substantive areas of law such as administrative law and sacred law, as well as by examining sources such as Hellenistic inscriptions that have been comparatively neglected in recent scholarship. The third section evaluates the potential of methodological approaches to the study of Greek law, including comparative studies with other cultures and with modern legal theory. The volume ends with an essay that explores pedagogy and the relevance of teaching Greek law in the twenty-first century.
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 Speeches from Athenian Law written by Michael Gagarin and published by University of Texas Press. This book was released on 2011-03-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the sixteenth volume in the Oratory of Classical Greece. This series presents all of the surviving speeches from the late fifth and fourth centuries BC in new translations prepared by classical scholars who are at the forefront of the discipline. These translations are especially designed for the needs and interests of today's undergraduates, Greekless scholars in other disciplines, and the general public. Classical oratory is an invaluable resource for the study of ancient Greek life and culture. The speeches offer evidence on Greek moral views, social and economic conditions, political and social ideology, law and legal procedure, and other aspects of Athenian culture that have recently been attracting particular interest: women and family life, slavery, and religion, to name just a few. This volume assembles twenty-two speeches previously published in the Oratory series. The speeches are taken from a wide range of different kinds of cases—homicide, assault, commercial law, civic status, sexual offenses, and others—and include many of the best-known speeches in these areas. They are Antiphon, Speeches 1, 2, 5, and 6; Lysias 1, 3, 23, 24, and 32; Isocrates 17, 20; Isaeus 1, 7, 8; Hyperides 3; Demosthenes 27, 35, 54, 55, 57, and 59; and Aeschines 1. The volume is intended primarily for use in teaching courses in Greek law or related areas such as Greek history. It also provides the introductions and notes that originally accompanied the individual speeches, revised slightly to shift the focus onto law.
Download or read book The Law of Athens written by Alick Robin Walsham Harrison and published by Hackett Publishing. This book was released on 1998-01-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume I, completed in 1968, gives a systematic account of classical Athenian law concerning family and property. Volume II, on the law of obligations and of procedure, was unfinished at the time of the author's death in 1969. The part which concerns procedure was virtually complete and, edited by D. M. MacDowell, appeared in 1971. MacDowell has provided a new Foreword for this edition as well as a select bibliography (from 1967 to the present), which appears in both volumes. Together these distinguished works form the most detailed study of Athenian law in the last half-century.
Download or read book Character Evidence in the Courts of Classical Athens written by Vasileios Adamidis and published by Taylor & Francis. This book was released on 2016-11-25 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Early Greek Law written by Michael Gagarin and published by Univ of California Press. This book was released on 1989-04-27 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the evidence of anthropology as well as ancient literature and inscriptions, Gagarin examines the emergence of law in Greece from the 8th through the 6th centuries B.C., that is, from the oral culture of Homer and Hesiod to the written enactment of codes of law in most major cities.
