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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.
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.
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.
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.
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 means 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 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 a 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 maneuverings 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 analyze a particular body of evidence in detail. Use is made of archeology, 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.
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.
When does democracy work well, and why? Is democracy the best form of government? These questions are of supreme importance today as the United States seeks to promote its democratic values abroad. Democracy and Knowledge is the first book to look to ancient Athens to explain how and why directly democratic government by the people produces wealth, power, and security. Combining a history of Athens with contemporary theories of collective action and rational choice developed by economists and political scientists, Josiah Ober examines Athenian democracy's unique contribution to the ancient Greek city-state's remarkable success, and demonstrates the valuable lessons Athenian political practices hold for us today. He argues that the key to Athens's success lay in how the city-state managed and organized the aggregation and distribution of knowledge among its citizens. Ober explores the institutional contexts of democratic knowledge management, including the use of social networks for collecting information, publicity for building common knowledge, and open access for lowering transaction costs. He explains why a government's attempt to dam the flow of information makes democracy stumble. Democratic participation and deliberation consume state resources and social energy. Yet as Ober shows, the benefits of a well-designed democracy far outweigh its costs. Understanding how democracy can lead to prosperity and security is among the most pressing political challenges of modern times. Democracy and Knowledge reveals how ancient Greek politics can help us transcend the democratic dilemmas that confront the world today.
Since it was no longer self-evident that "better men" meant "better government," critics of democracy sought new arguments to explain the relationship among politics, ethics, and morality.
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.
This book collects twelve papers which make original contributions to the historical interpretation of inscribed Athenian laws and decrees, with a core focus on significant historical shapes and patterns implicit in the corpus of the age of Demosthenes. Following a synthetic Introduction, two chapters analyse locations and selectivity of inscribing, four explore the implications of the inscriptions for Athenian policy and for developing attitudes to the past, three for aspects of Athenian democracy. The volume concludes with two studies of specific inscriptions. Some of the papers have appeared elsewhere in conference proceedings and Festschriften, some are published here for the first time. The volume complements the author’s previous collection, Inscribed Athenian Laws and Decrees 352/1-322/1 BC: Epigraphical Essays.