In Ancient Law and Modern Understanding Alan Watson proposes that ancient law is relevant and important for understanding history, theology, sociology, and literature. "Law, though technical," he writes, "is not remote from scholarship on other matters, and law is a central element in society." From Homeric Greece to present-day Armenia, Watson examines law's influence. Without a sensitivity to technical legal language, scholars of literature or history miss much: the use of puns in Plautus, Sulla's claim that Julius Caesar was descended from a slave, the relationship between the Synoptic Gospels. Legal history is an essential tool for understanding society, Watson argues, but it must be applied with knowledge of how law moves from one society to the next, legal reliance on authority, juristic concern with apparent trivia, and the impact on legal growth.
Crime and punishment, criminal law and its administration, are areas of ancient history that have been explored less than many other aspects of ancient civilizations. Throughout history women have been affected by crime both as victims and as offenders. Yet, in the ancient world customary laws were created by men, formal laws were written by men, and both were interpreted and enforced by men.
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.
If natural law arguments struggle to gain traction in contemporary moral and political discourse, could it be because we moderns do not share the understanding of nature on which that language was developed? Building on the work of important thinkers of the last half-century, including Leo Strauss, Eric Voegelin, John Finnis, and Bernard Lonergan, the essays in Concepts of Nature compare and contrast classical, medieval, and modern conceptions of nature in order to better understand how and why the concept of nature no longer seems to provide a limit or standard for human action. These essays also evaluate whether a rearticulation of pre-modern ideas (or perhaps a reconciliation or reconstitution on modern terms) is desirable and/or possible. Edited by R. J. Snell and Steven F. McGuire, this book will be of interest to intellectual historians, political theorists, theologians, and philosophers.
Opened up by the revival of Classical thought but riven by the violence of the Reformation and Counter Reformation, the terrain of Early Modern law was constantly shifting. The age of expansion saw unparalleled degrees of internal and external exploration and colonization, accompanied by the advance of science and the growing power of knowledge. A Cultural History of Law in the Early Modern Age, covering the period from 1500 to 1680, explores the war of jurisdictions and the slow and contested emergence of national legal traditions in continental Europe and in Britannia. Most particularly, the chapters examine the European quality of the Western legal traditions and seek to link the political project of Anglican common law, the mos britannicus, to its classical European language and context. Drawing upon a wealth of textual and visual sources, A Cultural History of Law in the Early Modern Age presents essays that examine key cultural case studies of the period on the themes of justice, constitution, codes, agreements, arguments, property and possession, wrongs, and the legal profession.
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.
Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.
