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Using comparative anthropological and historical perspectives, this analysis of the legal regulation of violence in Athenian society challenges traditional accounts of the development of the legal process. It examines theories of social conflict and the rule of law as well as actual litigation.
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.
Recent literary-critical work in legal studies reads law as a genre of literature, noting that Western law originated as a branch of rhetoric in classical Greece and lamenting the fact that the law has lost its connection to poetic language, narrative, and imagination. But modern legal scholarship has paid little attention to the actual juridical discourse of ancient Greece. This book rectifies that neglect through an analysis of the courtroom speeches from classical Athens, texts situated precisely at the intersection between law and literature. Reading these texts for their subtle literary qualities and their sophisticated legal philosophy, it proposes that in Athens' juridical discourse literary form and legal matter are inseparable. Through its distinctive focus on the literary form of Athenian forensic oratory, Law's Cosmos aims to shed new light on its juridical thought, and thus to change the way classicists read forensic oratory and legal historians view Athenian law.
Provides a model for societal behaviour and morality in ancient Athens.
In The Law Courts of Classical Athens, Adriaan Lanni draws on contemporary legal thinking to present a new model of the legal system of classical Athens. She analyzes 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 individualized and discretionary approach to justice.
Ancient Greek literature, Athenian civic ideology, and modern classical scholarship have all worked together to reinforce the idea that there were three neatly defined status groups in classical Athens--citizens, slaves, and resident foreigners. But this book--the first comprehensive account of status in ancient democratic Athens--clearly lays out the evidence for a much broader and more complex spectrum of statuses, one that has important implications for understanding Greek social and cultural history. By revealing a social and legal reality otherwise masked by Athenian ideology, Deborah Kamen illuminates the complexity of Athenian social structure, uncovers tensions between democratic ideology and practice, and contributes to larger questions about the relationship between citizenship and democracy. Each chapter is devoted to one of ten distinct status groups in classical Athens (451/0-323 BCE): chattel slaves, privileged chattel slaves, conditionally freed slaves, resident foreigners (metics), privileged metics, bastards, disenfranchised citizens, naturalized citizens, female citizens, and male citizens. Examining a wide range of literary, epigraphic, and legal evidence, as well as factors not generally considered together, such as property ownership, corporal inviolability, and religious rights, the book demonstrates the important legal and social distinctions that were drawn between various groups of individuals in Athens. At the same time, it reveals that the boundaries between these groups were less fixed and more permeable than Athenians themselves acknowledged. The book concludes by trying to explain why ancient Greek literature maintains the fiction of three status groups despite a far more complex reality.
'Kosmos' is the word the ancient Greeks used for human social order. It has therefore a special application to the Greeks' peculiar social and political unit of communal life that they called the 'polis'. Of the many hundreds of such units in classical Greece the best documented and the most complex was democratic Athens. The purpose of this collective 1998 volume is to re-evaluate the foundations of classical Athens' highly successful experiment in communal social existence. Topics addressed include religion and ritualization, political friendship and enmity, gender and sexuality, sports and litigation, and economic and symbolic exchange. The book aims to make a major contribution, theoretical as well as empirical, towards understanding how the social order of community life may be sustained and enhanced.
Ten scholars explore ways of reading Athenian legal texts in their social and cultural context.
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.
Sociable Man, which celebrates the work of Nick Fisher, Emeritus Professor of Ancient History at Cardiff University, contains essays by leading classicists, ancient historians and archaeologists on the theme of ancient Greek social behaviour. Fifteen original papers reflect the diversity and the unities in the honorand's interests: politics and law (Hans van Wees on Solon's law of hybris, John K. Davies on the biography of a fourth-century Athenian politician); social values, including honour, dishonour and hybris (Stephen Lambert on honorific inscriptions, Lloyd Llewellyn-Jones on domestic violence, Louis Rawlings on a dog named Hybris, James Whitley on victory dedications, Douglas Cairns on ransom and revenge in Homer); social relations in the Athenian navy (Sam Potts); gender and power (Janett Morgan on gendering of domestic space, Sian Lewis on women and tyranny, Ruth Westgate on animal imagery in mosaics); citizen identity, Athenian (Robin Osborne on the influence of Attic local environments on citizen formation) and Arcadian (James Roy on the Arcadian reputation for backwardness); and sexuality (David Konstan on Alciphron and the invention of pornography, Emma Stafford on masturbation). The papers will be essential reading for researchers and students of ancient Greek literature, history and archaeology. The book also includes tributes by Paul Cartledge and P. J. Shaw, respectively, on Fisher's place in research and teaching of ancient Greek social history.