Character Evidence In The Courts Of Classical Athens
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Author | : Vasileios Adamidis |
Publisher | : Routledge |
Total Pages | : 409 |
Release | : 2016-11-25 |
Genre | : History |
ISBN | : 1317168429 |
There has been much debate in scholarship over the factors determining the outcome of legal hearings in classical Athens. Specifically, there is divergence regarding the extent to which judicial panels were influenced by non-legal considerations in addition to, or even instead of, questions of law. Ancient rhetorical theory and practice devoted much attention to character and it is this aspect of Athenian law which forms the focus of this book. Close analysis of the dispute-resolution passages in ancient Greek literature reveals striking similarities with the rhetoric of litigants in the Athenian courts and thus helps to shed light on the function of the courts and the fundamental nature of Athenian law. The widespread use of character evidence in every aspect of argumentation can be traced to the Greek ideas of ‘character’ and ‘personality’, the inductive method of reasoning, and the social, political and institutional structures of the ancient Greek polis. According to the author’s proposed method of interpretation, character evidence was not a means of diverting the jury’s attention away from the legal issues; instead, it was a constructive and relevant way of developing a legal argument.
Author | : Vasileios Adamidis |
Publisher | : Taylor & Francis |
Total Pages | : 244 |
Release | : 2016-11-25 |
Genre | : History |
ISBN | : 1317168437 |
There has been much debate in scholarship over the factors determining the outcome of legal hearings in classical Athens. Specifically, there is divergence regarding the extent to which judicial panels were influenced by non-legal considerations in addition to, or even instead of, questions of law. Ancient rhetorical theory and practice devoted much attention to character and it is this aspect of Athenian law which forms the focus of this book. Close analysis of the dispute-resolution passages in ancient Greek literature reveals striking similarities with the rhetoric of litigants in the Athenian courts and thus helps to shed light on the function of the courts and the fundamental nature of Athenian law. The widespread use of character evidence in every aspect of argumentation can be traced to the Greek ideas of ‘character’ and ‘personality’, the inductive method of reasoning, and the social, political and institutional structures of the ancient Greek polis. According to the author’s proposed method of interpretation, character evidence was not a means of diverting the jury’s attention away from the legal issues; instead, it was a constructive and relevant way of developing a legal argument.
Author | : Allison Glazebrook |
Publisher | : University of Texas Press |
Total Pages | : 265 |
Release | : 2022-01-03 |
Genre | : History |
ISBN | : 1477324402 |
Oratory is a valuable source for reconstructing the practices, legalities, and attitudes surrounding sexual labor in classical Athens. It provides evidence of male and female sex laborers, sex slaves, brothels, sex traffickers, the cost of sex, contracts for sexual labor, and manumission practices for sex slaves. Yet the witty, wealthy, free, and independent hetaira well-known from other genres, does not feature. Its detailed narratives and character portrayals provide a unique discourse on sexual labor and reveal the complex relationship between such labor and Athenian society. Through a holistic examination of five key speeches, Sexual Labor in the Athenian Courts considers how portrayals of sex laborers intersected with gender, the body, sexuality, the family, urban spaces, and the polis in the context of the Athenian courts. Drawing on gender theory and exploring questions of space, place, and mobility, Allison Glazebrook shows how sex laborers represented a diverse set of anxieties concerning social legitimacy and how the public discourse about them is in fact a discourse on Athenian society, values, and institutions.
Author | : Adriaan Lanni |
Publisher | : Cambridge University Press |
Total Pages | : |
Release | : 2006-02-27 |
Genre | : History |
ISBN | : 1139452657 |
In this 2006 book, Adriaan Lanni draws on contemporary legal thinking to present a model of the legal system of classical Athens. She analyses 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 individualised and discretionary approach to justice.
Author | : Chris Carey |
Publisher | : BRILL |
Total Pages | : 401 |
Release | : 2018-10-02 |
Genre | : History |
ISBN | : 9004377891 |
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.
Author | : Michael Gagarin |
Publisher | : University of Texas Press |
Total Pages | : 209 |
Release | : 2020-03-17 |
Genre | : History |
ISBN | : 1477320377 |
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.
Author | : Ryan K. Balot |
Publisher | : Princeton University Press |
Total Pages | : 303 |
Release | : 2020-10-06 |
Genre | : History |
ISBN | : 0691220158 |
In this original and rewarding combination of intellectual and political history, Ryan Balot offers a thorough historical and sociological interpretation of classical Athens centered on the notion of greed. Integrating ancient philosophy, poetry, and history, and drawing on modern political thought, the author demonstrates that the Athenian discourse on greed was an essential component of Greek social development and political history. Over time, the Athenians developed sophisticated psychological and political accounts of acquisitiveness and a correspondingly rich vocabulary to describe and condemn it. Greed figures repeatedly as an object of criticism in authors as diverse as Solon, Thucydides, and Plato--all of whom addressed the social disruptions caused by it, as well as the inadequacy of lives focused on it. Because of its ethical significance, greed surfaced frequently in theoretical debates about democracy and oligarchy. Ultimately, critiques of greed--particularly the charge that it is unjust--were built into the robust accounts of justice formulated by many philosophers, including Plato and Aristotle. Such critiques of greed both reflected and were inextricably knitted into economic history and political events, including the coups of 411 and 404 B.C. Balot contrasts ancient Greek thought on distributive justice with later Western traditions, with implications for political and economic history well beyond the classical period. Because the belief that greed is good holds a dominant position in modern justifications of capitalism, this study provides a deep historical context within which such justifications can be reexamined and, perhaps, found wanting.
Author | : Edward Harris |
Publisher | : Bristol Classical Press |
Total Pages | : 264 |
Release | : 2004-03-18 |
Genre | : History |
ISBN | : |
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.
Author | : Konstantinos A. Kapparis |
Publisher | : Routledge |
Total Pages | : 394 |
Release | : 2018-10-26 |
Genre | : History |
ISBN | : 1317177517 |
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.
Author | : Adriaan Lanni |
Publisher | : Cambridge University Press |
Total Pages | : 222 |
Release | : 2008-09-22 |
Genre | : History |
ISBN | : 9780521733014 |
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.