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Author: Edward Harris
Publisher: Bristol Classical Press
Published: 2004-03-18
Total Pages: 264
ISBN-13:
DOWNLOAD EBOOKHow 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.
Author: Edwin Carawan
Publisher: JHU Press
Published: 2020-12-15
Total Pages: 323
ISBN-13: 1421439506
DOWNLOAD EBOOKThe 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.
Author: Paula Perlman
Publisher: University of Texas Press
Published: 2018-03-14
Total Pages: 241
ISBN-13: 1477315217
DOWNLOAD EBOOKThe 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.
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Publisher: A&C Black
Published: 2013-10-16
Total Pages: 209
ISBN-13: 147251985X
DOWNLOAD EBOOKThe relationship between law and literature is rich and complex. In the past three and half decades, the topic has received much attention from literary critics and legal scholars studying modern literature. Despite the prominence of law and justice in Ancient Greek literature, there has been little interest among Classical scholars in the connections between law and drama. This is the first collection of essays to approach Greek tragedy and comedy from a legal perspective. The volume does not claim to provide an exhaustive treatment of law and literature in ancient Greece. Rather it provides a sample of different approaches to the topic. Some essays show how knowledge of Athenian law enhances our understanding of individual passages in Attic drama and the mimes of Herodas and enriches our appreciation of dramatic techniques. Other essays examine the information provided about legal procedure found in Aristophanes' comedies or the views about the role of law in society expressed in Attic drama. The collection reveals reveal how the study of law and legal procedure can enhance our understanding of ancient drama and bring new insights to the interpretation of individual plays.
Author: Lin Foxhall
Publisher: Oxford University Press
Published: 1996
Total Pages: 198
ISBN-13: 9780198140856
DOWNLOAD EBOOKThis volume explores the ways in which law integrated with other aspects of life in ancient Greece. The papers collected here reveal a number of different pathways between law and political, social, and economic life in Greek societies. Emanating from several scholarly traditions, they offer a range of contrasting but complementary insights rarely collected together. What emerges clearly is that law in Greece only takes on its full meaning in a broadly political context. Dynamic tensions govern the relationships between this semi-autonomous legal arena and other spheres of life. An ideology of equality before the law was juxtaposed with a practical reality of individuals' unequal abilities to cope with it. It is hard to draw firm lines between the settlement of cases in court and the spill-over of legal actions into the agora, the streets, the fields, and the houses. Hence it is hardly surprising if justice can all too easily give way to justification.
Author: Plato
Publisher: DigiCat
Published: 2022-05-28
Total Pages: 573
ISBN-13:
DOWNLOAD EBOOKThe 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.
Author: Georgios Anagnostopoulos
Publisher: Springer
Published: 2018-11-16
Total Pages: 316
ISBN-13: 3319963139
DOWNLOAD EBOOKThe original essays in this volume discuss ideas relating to democracy, political justice, equality and inequalities in the distribution of resources and public goods. These issues were as vigorously debated at the height of ancient Greek democracy as they are in many democratic societies today. Contributing authors address these issues and debates about them from both philosophical and historical perspectives. Readers will discover research on the role of Athenian democracy in moderating economic inequality and reducing poverty, on ancient debates about how to respond to inborn and social inequalities, and on Plato’s and Aristotle’s critiques of Greek participatory democracies. Early chapters examine Plato’s views on equality, justice, and the distribution of political and non-political goods, including his defense of the abolition of private property for the ruling classes and of the equality of women in his ideal constitution and polis. Other papers discuss views of Socrates or Aristotle that are particularly relevant to contemporary political and economic disputes about punishment, freedom, slavery, the status of women, and public education, to name a few. This thorough consideration of the ancient Greeks' work on democracy, justice, and equality will appeal to scholars and researchers of the history of philosophy, Greek history, classics, as well as those with an interest in political philosophy.
Author: Paula Perlman
Publisher: University of Texas Press
Published: 2018-03-14
Total Pages: 241
ISBN-13: 1477315721
DOWNLOAD EBOOKThe 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.
Author: Adriaan Lanni
Publisher: Cambridge University Press
Published: 2006-02-27
Total Pages:
ISBN-13: 1139452657
DOWNLOAD EBOOKIn 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.
Author: Vincent Farenga
Publisher: Cambridge University Press
Published: 2006-05-29
Total Pages: 499
ISBN-13: 1139456784
DOWNLOAD EBOOKThis 2006 study examines how the ancient Greeks decided questions of justice as a key to understanding the intersection of our moral and political lives. Combining contemporary political philosophy with historical, literary and philosophical texts, it examines a series of remarkable individuals who performed 'scripts' of justice in early Iron Age, archaic and classical Greece. From the earlier periods, these include Homer's Achilles and Odysseus as heroic individuals who are also prototypical citizens, and Solon the lawgiver, writing the scripts of statute law and the jury trial. In democratic Athens, the focus turns to dialogues between a citizen's moral autonomy and political obligation in Aeschyleon tragedy, Pericles' citizenship paradigm, Antiphon's sophistic thought and forensic oratory, the political leadership of Alcibiades and Socrates' moral individualism.
