The Law Of Athens Procedure

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Control of the Laws in the Ancient Democracy at Athens

Author : Edwin Carawan
Publisher : JHU Press
ISBN 13 : 1421439506
Total Pages : 323 pages
Book Rating : 4.4/5 (214 download)

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Book Synopsis Control of the Laws in the Ancient Democracy at Athens by : Edwin Carawan

Download or read book Control of the Laws in the Ancient Democracy at Athens written by Edwin Carawan and published by JHU Press. This book was released on 2020-12-15 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Cambridge Companion to Ancient Greek Law

Author : Michael Gagarin
Publisher : Cambridge University Press
ISBN 13 : 1139826891
Total Pages : pages
Book Rating : 4.1/5 (398 download)

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Book Synopsis The Cambridge Companion to Ancient Greek Law by : Michael Gagarin

Download or read book The Cambridge Companion to Ancient Greek Law written by Michael Gagarin and published by Cambridge University Press. This book was released on 2005-09-12 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Rule of Law in Action in Democratic Athens

Author : Edward M. Harris
Publisher : Oxford University Press
ISBN 13 : 0199899169
Total Pages : 488 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis The Rule of Law in Action in Democratic Athens by : Edward M. Harris

Download or read book The Rule of Law in Action in Democratic Athens written by Edward M. Harris and published by Oxford University Press. This book was released on 2013-09 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law in Action in Democratic Athens is the first extensive study of the importance of the rule of law in Athenian democracy.

The Law of Athens: Procedure

Author : Alick Robin Walsham Harrison
Publisher : Oxford : Clarendon P
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Law of Athens: Procedure by : Alick Robin Walsham Harrison

Download or read book The Law of Athens: Procedure written by Alick Robin Walsham Harrison and published by Oxford : Clarendon P. This book was released on 1968 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the various judicial procedures available for remedying wrongs, whether against the state or the individual, in ancient Athens. It begins by identifying and describing the specific functions of the different judicial organs provided by the state to make and enforce judicial decisions. Among these are the magistrates, which are further classified into the archons, the Eleven, the Forty, the eisagogeis, and the nautodikai and the xenodikai. Otherorgans include the street and market officials, the apodektai, the accounting officers, the military officers, the extraordinary officers, and the demarchs. Cases were settled in homicide courts, thediskasteries, and the ekklesia and the boule. The state also allowed the use of private and public arbitrators, who were subject to certain rules laid down by the state and whose decisions were deemed legally binding. The book then traces the development of the concept of process at law in Athens during the classical period. This period saw the introduction of such concepts as the heliaia, special pleas, documentary evidences, and witness testimonies. Different types of suits and proceduralremedies also were made available to Athenians who were wronged and seeking redress. In the final chapter, particular focus is given to the special court proceedings for public wrongs brought before adikastery by a person seeking redress for an improper administrative act of a magistrate or a public body or seeking a final decision on a person's legal qualification to enter upon some particular status.

Athenian Law and Society

Author : Konstantinos A. Kapparis
Publisher : Routledge
ISBN 13 : 1317177517
Total Pages : 394 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Athenian Law and Society by : Konstantinos A. Kapparis

Download or read book Athenian Law and Society written by Konstantinos A. Kapparis and published by Routledge. This book was released on 2018-10-26 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Athenian Law and Society focuses upon the intersection of law and society in classical Athens, in relation to topics like politics, class, ability, masculinity, femininity, gender studies, economics, citizenship, slavery, crime, and violence. The book explores the circumstances and broader context which led to the establishment of the laws of Athens, and how these laws influenced the lives and action of Athenian citizens, by examining a wide range of sources from classical and late antique history and literature. Kapparis also explores later literature on Athenian law from the Renaissance up to the 20th and 21st centuries, examining the long-lasting impact of the world’s first democracy. Athenian Law and Society is a study of the intersection between law and society in classical Athens that has a wide range of applications to study of the Athenian polis, as well as law, democracy, and politics in both classical and more modern settings.

The Law of Ancient Athens

Author : David Phillips
Publisher : University of Michigan Press
ISBN 13 : 0472035916
Total Pages : 559 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The Law of Ancient Athens by : David Phillips

Use and Abuse of Law in the Athenian Courts

Author : Chris Carey
Publisher : BRILL
ISBN 13 : 9004377891
Total Pages : 401 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Use and Abuse of Law in the Athenian Courts by : Chris Carey

Download or read book Use and Abuse of Law in the Athenian Courts written by Chris Carey and published by BRILL. This book was released on 2018-10-02 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. 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. The focus of the collection on ‘use and abuse’ raises fundamental questions about the status of law in the Athenian constitution as well as the use of law(s) in the courts, the nature of law itself, and the elusiveness of a definition of ‘abuse’. An introduction sketches the major developments in the field over the last century.

Law and Order in Ancient Athens

Author : Adriaan Lanni
Publisher : Cambridge University Press
ISBN 13 : 0521198801
Total Pages : 239 pages
Book Rating : 4.5/5 (211 download)

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Book Synopsis Law and Order in Ancient Athens by : Adriaan Lanni

Download or read book Law and Order in Ancient Athens written by Adriaan Lanni and published by Cambridge University Press. This book was released on 2016-08-09 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book draws on contemporary legal scholarship to explain why Athens was a remarkably well-ordered society.

The Cambridge Companion to Ancient Athens

Author : Jenifer Neils
Publisher : Cambridge University Press
ISBN 13 : 1108484557
Total Pages : 505 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Cambridge Companion to Ancient Athens by : Jenifer Neils

Download or read book The Cambridge Companion to Ancient Athens written by Jenifer Neils and published by Cambridge University Press. This book was released on 2021-02-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Democracy and the Rule of Law in Classical Athens

Author : Edward M. Harris
Publisher : Cambridge University Press
ISBN 13 : 113945689X
Total Pages : 21 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Democracy and the Rule of Law in Classical Athens by : Edward M. Harris

Download or read book Democracy and the Rule of Law in Classical Athens written by Edward M. Harris and published by Cambridge University Press. This book was released on 2006-04-17 with total page 21 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Law and the Courts in Ancient Greece

Author : Edward Harris
Publisher : Bristol Classical Press
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Law and the Courts in Ancient Greece by : Edward Harris

Download or read book The Law and the Courts in Ancient Greece written by Edward Harris and published by Bristol Classical Press. This book was released on 2004-03-18 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Speeches from Athenian Law

Author : Michael Gagarin
Publisher : University of Texas Press
ISBN 13 : 0292745001
Total Pages : 409 pages
Book Rating : 4.2/5 (927 download)

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Book Synopsis Speeches from Athenian Law by : Michael Gagarin

Download or read book Speeches from Athenian Law written by Michael Gagarin and published by University of Texas Press. This book was released on 2011-03-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the sixteenth volume in the Oratory of Classical Greece. This series presents all of the surviving speeches from the late fifth and fourth centuries BC in new translations prepared by classical scholars who are at the forefront of the discipline. These translations are especially designed for the needs and interests of today's undergraduates, Greekless scholars in other disciplines, and the general public. Classical oratory is an invaluable resource for the study of ancient Greek life and culture. The speeches offer evidence on Greek moral views, social and economic conditions, political and social ideology, law and legal procedure, and other aspects of Athenian culture that have recently been attracting particular interest: women and family life, slavery, and religion, to name just a few. This volume assembles twenty-two speeches previously published in the Oratory series. The speeches are taken from a wide range of different kinds of cases—homicide, assault, commercial law, civic status, sexual offenses, and others—and include many of the best-known speeches in these areas. They are Antiphon, Speeches 1, 2, 5, and 6; Lysias 1, 3, 23, 24, and 32; Isocrates 17, 20; Isaeus 1, 7, 8; Hyperides 3; Demosthenes 27, 35, 54, 55, 57, and 59; and Aeschines 1. The volume is intended primarily for use in teaching courses in Greek law or related areas such as Greek history. It also provides the introductions and notes that originally accompanied the individual speeches, revised slightly to shift the focus onto law.

Laws

Author : Plato
Publisher : DigiCat
ISBN 13 :
Total Pages : 573 pages
Book Rating : 4.8/5 (596 download)

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Book Synopsis Laws by : Plato

Download or read book Laws written by Plato and published by DigiCat. This book was released on 2022-05-28 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 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.

The Law of Ancient Athens

Author : David Phillips
Publisher : University of Michigan Press
ISBN 13 : 0472029266
Total Pages : 559 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The Law of Ancient Athens by : David Phillips

Download or read book The Law of Ancient Athens written by David Phillips and published by University of Michigan Press. This book was released on 2013-10-14 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Ancient Athens contains the principal literary and epigraphical sources, in English, for Athenian law in the Archaic and Classical periods, from the first known historical trial (late seventh century) to the fall of the democracy in 322 BCE. This accessible and important volume is designed for teachers, students, and general readers interested in the ancient Greek world, the history of law, and the history of democracy, an Athenian invention during this period. Offering a comprehensive treatment of Athenian law, it assumes no prior knowledge of the subject and is organized in user-friendly fashion, progressing from the person to the family to property and obligations to the gods and to the state. David D. Phillips has translated all sources into English, and he has added significant introductory and explanatory material. Topics covered in the book include homicide and wounding; theft; marriage, children, and inheritance; citizenship; contracts and commerce; impiety; treason and other offenses against the state; and sexual offenses including rape and prostitution. The volume’s unique feature is its presentation of the actual primary sources for Athenian laws, with many key or disputed terms rendered in transliterated Greek. The translated sources, together with the topical introductions, notes, and references, will facilitate both research in the field and the teaching of increasingly popular courses on Athenian law and law in the ancient world.

Early Greek Law

Author : Michael Gagarin
Publisher : Univ of California Press
ISBN 13 : 052090916X
Total Pages : 178 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Early Greek Law by : Michael Gagarin

Download or read book Early Greek Law written by Michael Gagarin and published by Univ of California Press. This book was released on 1989-04-27 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on the evidence of anthropology as well as ancient literature and inscriptions, Gagarin examines the emergence of law in Greece from the 8th through the 6th centuries B.C., that is, from the oral culture of Homer and Hesiod to the written enactment of codes of law in most major cities.

Avengers of Blood

Author : David D. Phillips
Publisher : Franz Steiner Verlag Wiesbaden GmbH
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Avengers of Blood by : David D. Phillips

Download or read book Avengers of Blood written by David D. Phillips and published by Franz Steiner Verlag Wiesbaden GmbH. This book was released on 2008 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 621/0 B.C., the Athenians appointed Draco as their first lawgiver. His homicide laws, which alone survived the general recension of Athenian law by Solon (594/3 B.C.), remained in force down through the Classical period. This book traces the development of Athenian legal and social responses to homicide from the legislation of Draco to the time of the orator Demosthenes (d. 322 B.C.), with particular attention to the Athenian institution of private enmity (echthra), the circumstances and aims of Draco's legislation, familial and religious issues surrounding homicide, and the regime of the Thirty Tyrants and its aftermath.

The Shape of Athenian Law

Author : S. C. Todd
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198150237
Total Pages : 433 pages
Book Rating : 4.1/5 (52 download)

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Book Synopsis The Shape of Athenian Law by : S. C. Todd

Download or read book The Shape of Athenian Law written by S. C. Todd and published by Oxford University Press on Demand. This book was released on 1995 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike its predecessors, this systematic survey of the law of Athens is based on explicit discussion of how the subject might be studies, incorporating topics such as the democratic political system and social structure. Technical and legal terms are explained in a comprehensive glossary.