Semiotics of the homonym in Demosthenes 39 The contract and the courtesan: metaphors of self in Demosthenes 48 Impossible metonymies Lysias 24 via Demosthenes 21 Part III Time, Memory, Reproduction: Law's Past and Future 5 Civic amnesia and legal memory: to remember and forget in the lawcourts Athens' amnesty and law's al? See All Customer Reviews. Shop Textbooks. Read an excerpt of this book! Add to Wishlist.
USD Sign in to Purchase Instantly. She has published articles on Athenian Greek Law, forensic and epideictic oratory and rhetoric, Hellenistic poetry, Epic poetry and social values.
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She studies the literature and culture of democratic Athens. Currency and addition of Tax VAT depend on your shipping address.
Free access. Full Text. Table of Contents. Related Content. Use and Abuse of Law in the Athenian Courts. Add to Cart. 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.
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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. An introduction sketches the major developments in the field over the last century. Ciceros Korrespondenz als Medium literarischen und gesellschaftlichen Handelns. Her main focus is on the specificities of a written conversation between two spatially separated individuals.
In a further step, the study takes a closer look at the space created within the letters and examines the political and literary standpoints of the correspondents in the cultural context of the late Roman republic. Louis U. Sub-Categories: Legal Education. KG Contributors to 'The divine courtroom in comparative perspective' treat one of the most pervasive religious metaphors, that of the divine courtroom, in both its historical and thematic senses.
Life, Love, and Law in Classical Athens
In order to shed light on the various manifestations of the divine courtroom, this volume consists of essays by scholars of the ancient Near East, Hebrew Bible, Second Temple Judaism, early Christianity, Talmud, Islam, medieval Judaism, and classical Greek literature. Contributions to the volume primarily center upon three related facets of the divine courtroom: the role of the divine courtroom in the earthly legal system; the divine courtroom as the site of historical justice; and the divine courtroom as the venue in which God is called to answer for his own unjust acts.
Bagnall, Kai Brodersen, Craige B.
Huebner eds. Contemporary common-law jurisdictions employ the doctrine of binding precedent, that is, the requirement that courts follow legal rules announced in prior decisions rendered by courts of equal or higher rank.
Classical Athens had no notion of binding precedent, but litigants in the surviving court speeches frequently refer to past court verdicts in making their arguments. Can critiques of individual responsibility support efforts to scale back mass incarceration? In my view the most promising approach is not to concentrate, as Fried does, on the morals of our criminals but on the morality of our punishments.
The Athenian democracy developed striking institutions that, taken together and separately, have long engaged the attention of theorists in law, politics, and history.
We will offer a unifying account of the major institutions of the Athenian constitutional order, attempting both to put them in their best light and to provide criteria for evaluating their successes and failures. Our account is that Athenian institutions are best understood as an illustration of precautionary constitutionalism: roughly, the idea that institutions should be designed to safeguard against political risks, limiting the downside and barring worst-case political scenarios, even at the price of limiting the upside potential of the constitutional order.
We use this framework to illuminate some of the distinctive features of the Athenian democracy: selection of officials by lot, rotation of office, collegiality, ostracism, and the graphe paranomon the procedure for overturning an unconstitutional decree. Under some circumstances, precautionary constitutionalism is a useful strategy of institutional design.
Under other circumstances, however, precautionary constitutionalism can go wrong in characteristic ways — by perversely exacerbating the very risks it seeks to prevent, by jeopardizing other values and thereby imposing excessive costs, or simply by creating futile precautions that fail the test of incentive-compatibility. We evaluate the precautionary institutions of the Athenian democracy in this light, and suggest that some failed while others succeeded.
While selection by lot, rotation, and collegiality proved to be enduring and incentive-compatible institutions, ostracism perversely exacerbated the risks of tyranny and political domination it was intended to prevent, and the graphe paronomon collapsed into futility. Sub-Categories: Constitutional History. This paper identifies two distinctive features of ancient constitutional design that have largely disappeared from the modern world: constitution-making by single individuals and constitution-making by foreigners.
We consider the virtues and vices of these features, and argue that under plausible conditions single founders and outsider founders offer advantages over constitution-making by representative bodies of citizens, even in the modern world. We also discuss the implications of adding single founders and outsider founders to the constitutional toolkit by describing how constitutional legitimacy would work, and how constitutional interpretation would be conducted, under constitutions that display either or both of the distinctive features of ancient constitutional design.
This Essay explores the role that public legal proceedings played in the classical Athenian democracy of the fifth and fourth centuries B. Sub-Categories: Jury Trials. Int'l L. The Athenians carefully balanced retribution and forgiveness: an amnesty protected collaborators from direct prosecution, but in practice private citizens could indirectly sanction even low-level oligarchic sympathizers by raising their collaboration as character evidence in unrelated lawsuits. They also balanced remembering and forgetting: discussion of the civil war in the courts memorialized the atrocities committed during the tyranny, but also whitewashed the widespread collaboration by ordinary citizens, depicting the majority of the populace as members of the democratic resistance.
The Athenian experience suggests that the current focus on uncovering the truth may be misguided.
The Athenian case also counsels that providing an avenue for individual victims to pursue local grievances can help minimize the impunity gap created by the inevitably selective nature of transitional justice. This article argues that attention to the expressive function of law suggests that the Athenian laws prohibiting former prostitutes from active political participation may have had a much broader practical impact than previously thought. By changing the social meaning of homosexual pederasty, these laws influenced norms regarding purely private conduct and reached beyond the limited number of politically active citizens likely to be prosecuted under the law.
Some appear to have become more careful about courting in public while others adopted a conception of chaste pederasty that would not run afoul of the law. The prostitution laws may also have provoked resistance among a particular subset of elites, the apragmones, contributing to this group's deliberate disengagement from public affairs. Hansen, chaired by Pierre Ducrey, Fondation Hardt