User:Caeciliusinhorto/sandbox greek law

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Athenian Law[edit]

In general, historians consider that Athenian law was broadly procedural (concerned with the administration of justice) rather than substantive (concerned with rights, obligations, and offences).[1] Athenian laws are typically written in the form "if someone does A, then B is to result",[2] and are more concerned with the legal actions which should be undertaken by the prosecutor, rather than strictly defining which acts are prosecutable.[3] Often, this would have resulted in juries having to decide whether the offence said to have been committed was in fact a violation of the law in question.[4]

Sources[edit]

Development[edit]

One of the earliest datable events in Athenian history is the creation of the Draconian law code, probably in 621-620 BC.[5] We know little about Draco and his code, with his homicide law, which survived the Solonian reforms, being the best understood part of his code.[5] It seems to have distinguished between premeditated and involuntary homicide, and provided for the reconciliation of the killer with the family of the dead man.[6] The homicide law of Draco was still in force in the fourth century.[6] Though the rest of Draco's code does not survive, it was by Athenian tradition thought to have been very harsh.[6]

The Athenian law codes set forth by Draco were completely reformed by Solon, who was the archon for the year 594-593 BC. Solon's reforms included the cancellation of debts and reforms to land ownership, as well as the abolition of slavery for those who were born Athenian.[7]

"There is a tendency in the historical period to ascribe laws to Solon irrespective of the date of enactment"[8]

Legal System[edit]

Courts[edit]

In the Athenian legal system, the courts have been seen as a system for settling disputes and resolving arguments, rather than enforcing "a coherent system of rules, rights and obligations".[9] One court, the Prytaneion, was responsible for trying unknown people, animals, and inanimate objects for homicide, probably in order to ensure that Athens was free of blood-guilt for the crime.[9]

The Athenian court system was dominated by men. The jury was all-male,[10] and as Simon Goldhill has argued, "The Athenian court seems to have been remarkably unnwilling to allow any female presence in the civic space of the lawcourt itself".[11]

No judges; no lawyers. Litigants spoke for themselves, though logographers could write speeches for them. Slaves were tortured when giving evidence.

Oratory[edit]

Michael Gagarin has argued that the "rhetorical and performative features" evident in surviving Classical Athenian law court speeches are evidence that Athenian trials were "essentially rhetorical struggles" which were "generally unconcerned with the strict applicability of the law".[12] According to Gagarin, orators constructing stories played a much more significant role in Athenian court cases than those of the modern day, due to the lack of modern forensic and investigatory techniques which might provide other sources of evidence in the Athenian courtroom.[13]

"Demosthenes, in composing these for others to deliver, was approaching as near the function of a modern lawyer as the Athenian legal system would permit"[14]

Misc[edit]

"Greek laws notoriously rely on common-sense interpretation"[15]

"the principle of self-help remained firmly rooted in Athenian law"[16]

"I suggest, by contrast, that popular justice was not only fre quently used alongside more 'official' forms of punishment, but that the Greeks made much more flexible use of the various modes of social control than modern 'rule of law' approaches allow for."[17]

"Democratic law courts of Classical Athens allowed for symbolic communication between elite litigants and mass juries."[18]

Informal collective justice often targeted elite offenders.[19]

  1. ^ Carey, Christopher (1998). "The Shape of Athenian Laws". The Classical Quarterly. 48 (1): 93.
  2. ^ Carey, Christopher (1998). "The Shape of Athenian Laws". The Classical Quarterly. 48 (1): 95.
  3. ^ Carey, Christopher (1998). "The Shape of Athenian Laws". The Classical Quarterly. 48 (1): 96.
  4. ^ Carey, Christopher (1998). "The Shape of Athenian Laws". The Classical Quarterly. 48 (1): 99.
  5. ^ a b Andrewes, A. "The Growth of the Athenian State". In Boardman, John; Hammond, N.G.L (eds.). The Cambridge Ancient History Volume III, Part 3: The Expansion of the Greek World, Eighth to Sixth Centuries B.C. p. 370. ISBN 0-521-23447-6.
  6. ^ a b c Andrewes, A. "The Growth of the Athenian State". In Boardman, John; Hammond, N.G.L (eds.). The Cambridge Ancient History Volume III, Part 3: The Expansion of the Greek World, Eighth to Sixth Centuries B.C. p. 371. ISBN 0-521-23447-6.
  7. ^ Andrewes, A. "The Growth of the Athenian State". In Boardman, John; Hammond, N.G.L (eds.). The Cambridge Ancient History Volume III, Part 3: The Expansion of the Greek World, Eighth to Sixth Centuries B.C. pp. 381–382. ISBN 0-521-23447-6.
  8. ^ Carey, Christopher (1998). "The Shape of Athenian Laws". The Classical Quarterly. 48 (1): 106.
  9. ^ a b Davidson, James (1994). "Review of The Shape of Athenian Law by S.C. Todd". The Cambridge Law Journal. 53 (2): 384–385.
  10. ^ Gagarin, Michael (2003). "Telling Stories in Athenian Law". Transactions of the American Philological Association (1974–). 133 (2): 204.
  11. ^ Goldhill, Simon (1994). "Representing Democracy: Women at the Great Dionysia". In Osborne, Robin; Hornblower, Simon (eds.). Ritual, Finance, Politics: Athenian Democratic Accounts Presented to David Lewis. Wotton-under-Edge: Clarendon Press. p. 360.
  12. ^ Gagarin, Michael (2003). "Telling Stories in Athenian Law". Transactions of the American Philological Association (1974–). 133 (2): 198–199.
  13. ^ Gagarin, Michael (2003). "Telling Stories in Athenian Law". Transactions of the American Philological Association (1974–). 133 (2): 206.
  14. ^ Cronin, James F. (1939). "Review of J.H. Vince "Demosthenes Against Meidias, Androtion, Aristocrates, Timocrates, Aristogeiton"". The Classical Journal. 34 (8): 491–492.
  15. ^ Carey, Christopher (1995). "Rape and Adultery in Athenian Law". The Classical Quarterly. 45 (2): 409.
  16. ^ Carey, Christopher (1995). "Rape and Adultery in Athenian Law". The Classical Quarterly. 45 (2): 414.
  17. ^ Forsdyke, Sara (2008). "Street Theatre and Popular Justice in Ancient Greece: Shaming, Stoning, and Starving Offenders Inside and Outside the Courts". Past and Present. 201: 6.
  18. ^ Forsdyke, Sara (2008). "Street Theatre and Popular Justice in Ancient Greece: Shaming, Stoning, and Starving Offenders Inside and Outside the Courts". Past and Present. 201: 7.
  19. ^ Forsdyke, Sara (2008). "Street Theatre and Popular Justice in Ancient Greece: Shaming, Stoning, and Starving Offenders Inside and Outside the Courts". Past and Present. 201: 7.
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