Author: Ilias Arnaoutoglou
In this comprehensive and accessible sourcebook, Ilias Arnaoutoglou presents a collection of ancient Greek laws, which are situated in their legal and historical contexts and are elucidated with relevant selections from Greek literature and epigraphical testimonies. A wide area of legislative activity in major and minor Greek city-states, ranging from Delphoi and Athens in mainland Greece, to Gortyn in Crete, Olbia in South Russia and Aegean cities including Ephesos, Samos and Thasos, is covered. Ilias Arnaoutoglou divides legislation into three main areas: * the household - marriage, divorce, inheritance, adoption, sexual offences and personal status * the market-place - trade, finance, sale, coinage and leases * the state - constitution, legislative process, public duties, colonies, building activities, naval forces, penal regulations, religion, politics and inter-state affairs. Dr Arnaoutoglou explores the significance of legislation in ancient Greece, the differences and similarities between ancient Greek legislation and legislators and their modern counterparts and also provides fresh translations of the legal documents themselves.
Author: Paula Perlman
Publisher: University of Texas Press
The ancient Greeks invented written law. Yet, in contrast to later societies in which law became a professional discipline, the Greeks treated laws as components of social and political history, reflecting the daily realities of managing society. To understand Greek law, then, requires looking into extant legal, forensic, and historical texts for evidence of the law in action. From such study has arisen the field of ancient Greek law as a scholarly discipline within classical studies, a field that has come into its own since the 1970s. This edited volume charts new directions for the study of Greek law in the twenty-first century through contributions from eleven leading scholars. The essays in the book’s first section reassess some of the central debates in the field by looking at questions about the role of law in society, the notion of “contracts,” feuding and revenge in the court system, and legal protections for slaves engaged in commerce. The second section breaks new ground by redefining substantive areas of law such as administrative law and sacred law, as well as by examining sources such as Hellenistic inscriptions that have been comparatively neglected in recent scholarship. The third section evaluates the potential of methodological approaches to the study of Greek law, including comparative studies with other cultures and with modern legal theory. The volume ends with an essay that explores pedagogy and the relevance of teaching Greek law in the twenty-first century.
Author: Edward Monroe Harris,Lene Rubinstein
Publisher: Bristol Classical Press
An important synthesis of current scholarship on law and its implementation in Ancient Greece.
Near Eastern Influences on Ancient Greek and Roman Law
Author: Raymond Westbrook,Deborah Lyons,Kurt Raaflaub
Publisher: JHU Press
Throughout the twelve essays that appear in Ex Oriente Lex, Raymond Westbrook convincingly argues that the influence of Mesopotamian legal traditions and thought did not stop at the shores of the Mediterranean, but rather had a profound impact on the early laws and legal developments of Greece and Rome as well. He presents readers with tantalizing fragments of early Greek or archaic Roman law which, when placed in the context of the broader Near Eastern tradition, suddenly acquire unexpected new meanings. Before his untimely death in July 2009, Westbrook was regarded as one of the world’s leading authorities on ancient legal history. Although his main field was ancient Near Eastern law, he also made important contributions to the study of early Greek and Roman law. In his examination of the relationship between ancient Near Eastern and pre-classical Greek and Roman law, Westbrook sought to demonstrate that the connection between the two legal spheres was not merely theoretical but also concrete. The Near Eastern legal heritage had practical consequences that help us understand puzzling individual cases in the Greek and Roman traditions. His essays provide rich material for further reflection and interdisciplinary discussion about compelling similarities between legal cultures and the continuity of legal traditions over several millennia. Aimed at classicists and ancient historians, as well as biblicists, Egyptologists, Assyriologists, and legal historians, this volume gathers many of Westbrook’s most important essays on the legal aspects of Near Eastern cultural influences on the Greco-Roman world, including one new, never-before-published piece. A preface by editors Deborah Lyons and Kurt Raaflaub details the importance of Westbrook’s work for the field of classics, while Sophie Démare-Lafont’s incisive introduction places Westbrook’s ideas within the wider context of ancient law.
Volume 2: Ancient Greece
Author: Elisabeth Meier Tetlow
Publisher: A&C Black
The ancient period of Greek history, to which this volume is devoted, began in late Bronze Age in the second millennium and lasted almost to the end of the first century BCE, when the last remnant of the Hellenistic empire created by Alexander the Great was conquered by the Romans. Extant texts of law of actual laws are few and often found embedded in other sources, such as the works of orators and historians. Greek literature, from the epics of Homer to the classical dramas, provides a valuable source of information. However, since literary sources are fictional portrayals and often reflect the times and biases of the authors, other more concrete evidence from archaeology has been used throughout the volume to confirm and contextualize the literary evidence about women, crime, and punishment in ancient Greece. The volume is divided into three parts: (I) Mykenean and Archaic Greece, (II) Classical Greece, and (III the Hellenistic Period. The book includes illustrations, maps, lists of Hellenistic dynasties, and Indices of Persons, Place and Subjects. Crime and punishment, criminal law and its administration, are areas of ancient history that have been explored less than many other aspects of ancient civilizations. Throughout history women have been affected by crime both as victims and as offenders. In the ancient world, customary laws were created by men, formal laws were written by men, and both were interpreted and enforced by men. This two-volume work explores the role of gender in the formation and administration of ancient law and examines the many gender categories and relationships established in ancient law, including legal personhood, access to courts, citizenship, political office, religious office, professions, marriage, inheritance, and property ownership. Thus it focuses on women and crime within the context of women in the society.
Justifications Not Justice
Author: Lin Foxhall,A. D. E. Lewis
Publisher: Oxford University Press
This volume explores the way in which law integrated with other aspects of life in ancient Greece. The papers collected here reveal a number of different pathways between law and political, social, and economic life in Greek societies. Emanating from several scholarly traditions, they offer a range of contrasting but complementary insights rarely collected together. What emerges clearly is that law in Greece only takes on its full meaning in a broadly political context. Dynamic tensions govern the relationships between this semi-autonomous legal arena and other spheres of life. An ideology of equality before the law was juxtaposed with a practical reality of individuals' unequal abilities to cope with it. It is hard to draw firm lines between the settlement of cases in court and the spill-over of legal actions into the agora, the streets, the fields, and the houses. Hence it is hardly surprising if justice can all too easily give way to justification.
Author: Michael Gagarin
Publisher: Univ of California Press
Category: Political Science
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.
Author: Edward E. Cohen
Publisher: The Lawbook Exchange, Ltd.
Classicists and lawyers alike will find this a fascinating study that shows how certain principles of Athenian maritime law are still imbedded in the modern international law of maritime commerce. Cohen has made a unique and substantial contribution to our understanding of the Athens of Plato, Aristotle and Demosthenes. Athens was the dominant maritime power in the West from the eighth to fourth centuries BCE. Athenian preeminence insured that its maritime law was accepted throughout the Mediterranean world. Indeed, its influence outlasted Athens and is the only area of classical Greek law that wasn't replaced entirely by Roman models. Codified during the Roman period in the Rhodian Sea laws, it went on to influence the subsequent development of European commercial and maritime law. Using both ancient and secondary sources, Cohen explores the development of Athenian maritime law, the jurisdiction and procedure of the courts and the Athenian principles that have endured to the present day. He successfully treats the much-discussed problem of why they were termed "monthly" and describes how "supranationality" was a feature of all Hellenic maritime law. He goes on to show how their jurisdiction was limited ratione rerum, not ratione personarum, because a legally defined "commercial class" did not exist in Athens at this time. Edward E. Cohen, an attorney with a Ph.D. in Classics, is both distinguished historian of Classical Greece, Professor of Ancient History (adjunct) at the University of Pennsylvania and the Chief Executive Officer of Atlas America, a producer and processor of natural gas. His other books include Athenian Economy and Society: A Banking Perspective (1992) and The Athenian Nation (2000). "Cohen's competence in the history of law, his own experience as a practicising lawyer with a Ph.D. in Classics, and his belief that in the principles of Greek maritime commerce reside "the germinal cells of the complex modern international law of maritime commerce" (p. 5), ought to have won for this book a much wider audience than it is likely to have. (...) As the most detailed treatment of Athenian maritime law Cohen's valuable book must be given a place beside the important contributions of his predecessors, Paoli, Calhoun, and Gernet." Ronald S. Stroud, American Journal of Legal History 19 (1975) 71. " A] learned and precise examination of certain terms and procedures associated in the fourth century B.C. with lawsuits that arose out of Athenian maritime commerce. (...) Argumentation throughout is responsible. Cohen knows the sources and has read critically in a wide range of secondary material. The book is a valuable addition to our understanding of a comparatively little known area of Athenian law." Alan L. Boegehold, The Classical World 69, No. 3 (Nov., 1975) 214.
Author: Authored by Douglas M. MacDowell,Ilias Arnaoutoglou,Konstantinos Kapparis,Dimos Spatharas
Douglas M. MacDowell (1931–2010) was a scholar of international renown and the articles included here cover a significant area of classical scholarship, discussing Athenian law, law-making and legal procedure, Old Comedy, comedy and law, politics and lexicography. All of these articles, published between 1959 and 2010, bear the characteristic marks of his scholarship: precision, balanced judgement, brevity and deep learning; they are rational and sober accounts of complicated and controversial issues. Many of these essays are virtually inaccessible as they were originally published in celebratory volumes or article collections which are now out of print or difficult to find outside major libraries. This collection of MacDowell’s articles will make these works available to a broad scholarly audience, and make it easier to bring this scholarship to the classroom as part of courses in Classics, ancient history, legal history and theatre studies. The volume includes a biography of MacDowell by Christopher Carey, based on the testimony of his closest colleagues and personal friends, which was presented to the British Academy.
Author: Richard Dargie
Category: Juvenile Nonfiction
Describes the various kinds of punishment, including exile and execution, that were given for such crimes as theft, assault, impiety, and murder in ancient Greece.
Author: Kevin Robb
Publisher: Oxford University Press
Category: Language Arts & Disciplines
This book examines the progress of literacy in ancient Greece from its origins in the eighth century to the fourth century B.C.E., when the major cultural institutions of Athens became totally dependent on alphabetic literacy. By introducing new evidence and re-evaluating the older evidence, Robb demonstrates that early Greek literacy can be understood only in terms of the rich oral culture that immediately preceded it, one that was dominated by the oral performance of epical verse, or "Homer." Only gradually did literate practices supersede oral habits and the oral way of life, forging alliances which now seem both bizarre and fascinating, but which were eminently successful, contributing to the "miracle" of Greece. In this book new light is brought to early Greek ethics, the rise of written law, the emergence of philosophy, and the final dominance of the Athenian philosophical schools in higher education.
Author: Russ VerSteeg
Countless books detail the development of Roman law and explain the laws of the ancient Romans. Similarly, many scholars have traced the law of ancient Athens. Written for both students and educated lay readers, the chapters dealing with ancient Greece focus primarily on the law of ancient Athens in the 5th and 4th centuries B.C.E. But material relating to other Greek colonies and city states also plays a significant role in the development of ancient Greek law. The Roman law chapters explore both law and legal institutions and emphasize the growth and expansion of legal principles. Roman law still serves as the foundation for the civil laws of many nations today. And given the importance of globalization, Roman law is likely to continue to influence the modern word for the foreseeable future. Each unit begins with a "Background & Beginnings" chapter that establishes the historical context in which law developed and introduces relevant principles of jurisprudence (i.e., legal philosophy). The second chapter in each unit covers procedural aspects of the law, such as court structure, judges, trial procedure, evidence, and legislation. The remaining chapters examine substantive legal topics such as property, contracts, family law, criminal law, and the like. The text also maintains a focus on the connections and influences of social, cultural, economic, philosophical, and political forces as they have affected law and its development. In addition, several sections of the book add another dimension. These sections, entitled "Law in Literature," use works of ancient literature to explore aspects of law as seen through the eyes of poets, dramatists, orators, and historians. In theory, modern readers can learn a great deal about law through literature because literature often lacks the official filter of many traditional legal sources. Of course each individual author brings his own biases about law and the legal system to his writing. But as long as we acknowledge the potential for such bias, these sections have the potential to offer completely different perspectives and insights.
Author: Thomas Heine Nielsen
Publisher: Franz Steiner Verlag
A series of new Papers from the Copenhagen Polis Centre. Among other things, these important papers discuss the role and function of theatres in the Greek world, the nature of early Cretan laws, how Greeks and indigenous peoples interacted on Sicily and in Magna Graecia, and whether or not the modern concept of Aethe stateless societyae applies to the ancient Greek polis. Contents: Mogens Herman Hansen: The Game Called Polis Mogens Herman Hansen: Was the Polis a State or a Stateless Society? Thomas Heine Nielsen: Phrourion. A Note on the Term in Classical Sources and in Diodorus Siculus Rune Frederiksen: The Greek Theatre. A Typical Building in the Urban Centre of the Polis? Tobias Fischer-Hansen: Reflections on Native Settlements in the Dominions of Gela and Akragas - as Seen from the Perspective of the Copenhagen Polis Centre Paula Perlman: Gortyn. The First Seven Hundred Years. Part II. The Laws from the Temple of Apollo Pythios James Roy: The Pattern of Settlement in Pisatis: the aeEight PoleisAe James Roy: The Synoikism of Elis Index of Sources (Literary Texts, Inscriptions and Papyri) General Index
Individual and Society in Deuteronomy and Ancient Greek Law
Author: Anselm C. Hagedorn
Publisher: Vandenhoeck & Ruprecht
English summary: This study aims at an interpretation of the relationship between individual and the society as described in the laws of the book of Deuteronomy and equivalent documents from the ancient Greek world. German description: Die Beziehungen zwischen Individuum und Gesellschaft in den Gesetzestexten des Deuteronomiums (Dtn 2-5; 16-18; 20 und 21f.) und in legislativen wie auch literarischen antiken griechischen Texten werden erstmals in dieser interdisziplinaren und vergleichenden Studie untersucht, die zum Ergebnis kommt, dass es zwar kein einheitliches Gesetz im Mittelmeerraum gegeben habe, dafur aber immerhin gemeinsame Grunduberzeugungen, die sich auch in den Gesetzgebungen niederschlugen. Die Prasentation der bislang kaum bekannten griechischen Quellen verleiht dem Werk Editionscharakter.
Author: Raphael Sealey
Publisher: University of Michigan Press
Among the most distinguished scholars of ancient Greek law writing today, Raphael Sealey in his newest book examines the Greek contribution to the concept of justice. The Justice of the Greeks considers a series of themes inherent in or characteristic of Greek law, and it illuminates the fundamental difference between Greek law and other legal systems both ancient and modern. The Justice of the Greeks is directed toward people versed in the history and literature of classical Greece. It aspires to bring the study of Greek law out of isolation and to reveal its place in the main current of legal development. Scholars of comparative law, as well as classicists and legal historians, will find much of interest in this unusual book.
Ancient Greek Democracy and the Struggle against Tyranny
Author: David Teegarden
Publisher: Princeton University Press
Death to Tyrants! is the first comprehensive study of ancient Greek tyrant-killing legislation--laws that explicitly gave individuals incentives to "kill a tyrant." David Teegarden demonstrates that the ancient Greeks promulgated these laws to harness the dynamics of mass uprisings and preserve popular democratic rule in the face of anti-democratic threats. He presents detailed historical and sociopolitical analyses of each law and considers a variety of issues: What is the nature of an anti-democratic threat? How would various provisions of the laws help pro-democrats counter those threats? And did the laws work? Teegarden argues that tyrant-killing legislation facilitated pro-democracy mobilization both by encouraging brave individuals to strike the first blow against a nondemocratic regime and by convincing others that it was safe to follow the tyrant killer's lead. Such legislation thus deterred anti-democrats from staging a coup by ensuring that they would be overwhelmed by their numerically superior opponents. Drawing on modern social science models, Teegarden looks at how the institution of public law affects the behavior of individuals and groups, thereby exploring the foundation of democracy's persistence in the ancient Greek world. He also provides the first English translation of the tyrant-killing laws from Eretria and Ilion. By analyzing crucial ancient Greek tyrant-killing legislation, Death to Tyrants! explains how certain laws enabled citizens to draw on collective strength in order to defend and preserve their democracy in the face of motivated opposition.