Law and Justice in the Courts of Classical AthensCambridge University Press, 27. feb. 2006 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. |
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... Athenian law has failed to attract the interest of legal historians because it was run by amateurs and did not generate jurisprudential texts. It has not helped that the best-known example of Athenian justice is an outrage: the trial ...
... Athenian law has failed to attract the interest of legal historians because it was run by amateurs and did not generate jurisprudential texts. It has not helped that the best-known example of Athenian justice is an outrage: the trial ...
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... law in a process that bore little relation to the functioning of modern court systems — or so the argument goes. This approach to the Athenian legal system has been challenged by two different academic camps, both of which credit Athens ...
... law in a process that bore little relation to the functioning of modern court systems — or so the argument goes. This approach to the Athenian legal system has been challenged by two different academic camps, both of which credit Athens ...
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... Athenian popular court rather than aberrations in an essentially modern ... law, and would have eventually insisted that popular courts resolve disputes ... Athenian jurors attempted to reach a "fair" or "just" decision based on the ...
... Athenian popular court rather than aberrations in an essentially modern ... law, and would have eventually insisted that popular courts resolve disputes ... Athenian jurors attempted to reach a "fair" or "just" decision based on the ...
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... Athenian approaches to law, we find, in the first legal system we know very much about, the fissure between following generalized rules and doing justice in the particular case that has haunted the law ever since. The varied approach to the ...
... Athenian approaches to law, we find, in the first legal system we know very much about, the fissure between following generalized rules and doing justice in the particular case that has haunted the law ever since. The varied approach to the ...
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... Athenian tradition that reflected a shared understanding of how justice was ... law courts are remarkably well attested, at least by the standards of ... Athenian courts. 11 Demosthenes and Aeschines, for example, both revised their ...
... Athenian tradition that reflected a shared understanding of how justice was ... law courts are remarkably well attested, at least by the standards of ... Athenian courts. 11 Demosthenes and Aeschines, for example, both revised their ...
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Law and Justice in the Courts of Classical Athens Adriaan Lanni Ingen forhåndsvisning tilgjengelig - 2008 |
Vanlige uttrykk og setninger
Aesch Aeschines Andocides Anst Apollodorus appeals to pity appears Areopagites Areopagus argue Athenian courts Athenian democracy Athenian jurors Athenian law Athenian legal system Athenian litigants Athenian popular courts Carawan CBioi7/Lanm o 521 CBioiy/Lanni o 521 Chapter character evidence charge citizens classical period Cohen context December 12 defendant deme democracy dikai emporikai dike emporike Dinarchus discussion dispute Draco's law ephetai Eratosthenes example extra-legal argumentation fair formal fourth century Gagarin Hansen homicide courts Hyperides important included INSECURITY IN ATHENS involved Isoc issue judges jury's justice killing law court lawful homicide legal argumentation LEGAL INSECURITY legal uncertainty Lysias MacDowell maritime suits metics modern moral non-maritime norms November 29 offense opponent Palladion parties passage penalty Phormio political popular court speeches predictability procedures pronoia prosecution prosecutor punishment relevancy rule Scafuro scholars slaves social speaker in Demosthenes statute suggests surviving speeches Theophemus Todd trial types unintentional homicide values verdict witnesses