This book examines the legal regulation of violence and the role of litigation in Athenian society. Using comparative anthropological and historical perspectives, David Cohen challenges traditional evolutionary and functionalist accounts of the development of legal process. Examining Athenian theories of social conflict and the rule of law, as well as actual litigation involving the regulation of violence, the book emphasizes the way in which the judicial process operates in an agonistic society.
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.
In the most comprehensive account available of the texts of Demosthenes, Douglas M. MacDowell describes and assesses all of the great orator's speeches, including those for the lawcourts as well as the addresses to the Ekklesia. Besides the genuine speeches, MacDowell also covers those which have probably wrongly been ascribed to Demosthenes, such as the ones written for delivery by Apollodorus; and he considers too the Epistles, the Prooemia, and the puzzling Erotic Speech.
The ancient Athenian legal system is both excitingly familiar and disturbingly alien to the modern reader. It functions within a democracy which shares many of our core values but operates in a disconcertingly different way. Trials from Classical Athens assembles a number of surviving speeches written for trials in Athenian courts, dealing with themes which range from murder and assault, through slander and sexual misconduct to property and trade disputes and minor actions for damage. The texts illuminate key aspects both of Athenian social and political life and the functioning of the Athenian legal system. This new and revised volume adds to the existing selection of key forensic speeches with three new translations accompanied by lucid explanatory notes. The introduction is augmented with a section on Athenian democracy to make the book more accessible to those unfamiliar with the Athenian political system. To aid accessibility further a new glossary is included as well as illustrations for the first time. Providing a unique and guided introduction to the Athenian legal system and explaining how the system reveals the values and social life of Classical Athens, Trials from Classical Athens remains a fundamental resource for students of Ancient Greek history and anyone interested in the law, social history and oratory of the Ancient Greek world.
Blood, according to Gil Anidjar, maps the singular history of Christianity. As a category for historical analysis, blood can be seen through its literal and metaphorical uses as determining, sometimes even defining Western culture, politics, and social practices and their wide-ranging incarnations in nationalism, capitalism, and law. Engaging with a variety of sources, Anidjar explores the presence and the absence, the making and unmaking of blood in philosophy and medicine, law and literature, and economic and political thought from ancient Greece to medieval Spain, from the Bible to Shakespeare and Melville. The prevalence of blood in the social, juridical, and political organization of the modern West signals that we do not live in a secular age into which religion could return. Flowing across multiple boundaries, infusing them with violent precepts that we must address, blood undoes the presumed oppositions between religion and politics, economy and theology, and kinship and race. It demonstrates that what we think of as modern is in fact imbued with Christianity. Christianity, Blood fiercely argues, must be reconsidered beyond the boundaries of religion alone.
Western political systems tend to be 'constitutional democracies', dividing the system into a domain of politics, where the people rule, and a domain of law, set aside for a trained elite. Antoni Abat i Ninet strives to resolve these apparently exclusive
Peter Liddel offers a fresh approach to the old problem of the nature of individual liberty in ancient Athens. He draws extensively on oratorical and epigraphical evidence from the late fourth century BC to analyse the ways in which ideas about liberty were reconciled with ideas about obligation, and examines how this reconciliation was negotiated, performed, and presented in the Athenian law-courts, assembly, and through the inscriptional mode of publication. Using modern political theory as a springboard, Liddel argues that the ancient Athenians held liberty to consist of the substantial obligations (political, financial, and military) of citizenship.
Emotions, Publicity, and Legal Culture in Marseille, 1264-1423
Author: Daniel Lord Smail
Publisher: Cornell University Press
In the thirteenth and fourteenth centuries, the ideas and practices of justice in Europe underwent significant change as procedures were transformed and criminal and civil caseloads grew apace. Drawing on the rich judicial records of Marseille from the years 1264 to 1423, especially records of civil litigation, this book approaches the courts of law from the perspective of the users of the courts (the consumers of justice) and explains why men and women chose to invest resources in the law. Daniel Lord Smail shows that the courts were quickly adopted as a public stage on which litigants could take revenge on their enemies. Even as the new legal system served the interest of royal or communal authority, it also provided the consumers of justice with a way to broadcast their hatreds and social sanctions to a wider audience and negotiate their own community standing in the process. The emotions that had driven bloodfeuds and other forms of customary vengeance thus never went away, and instead were fully incorporated into the new procedures.