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 judges and litigants acknowledged that litigation was primarily a form of feuding behavior. 4 D. Cohen 1995:90. However, the choice of whether to bring a private suit or to style the prosecution as a public suit, which would ...
... Athenian judges and litigants acknowledged that litigation was primarily a form of feuding behavior. 4 D. Cohen 1995:90. However, the choice of whether to bring a private suit or to style the prosecution as a public suit, which would ...
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... Athenian litigation. In these cases, litigants regularly discuss matters that are extraneous to the application of the relevant statute to the event in question. For example, popular court litigants s Ostwald 1986:497—524; Sealey 1987 ...
... Athenian litigation. In these cases, litigants regularly discuss matters that are extraneous to the application of the relevant statute to the event in question. For example, popular court litigants s Ostwald 1986:497—524; Sealey 1987 ...
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... litigants. Rather, both legal and extra-legal argumentation were considered relevant and important to the jury's decision because Athenian juries aimed at reaching a just verdict that took into account the broader context of the dispute ...
... litigants. Rather, both legal and extra-legal argumentation were considered relevant and important to the jury's decision because Athenian juries aimed at reaching a just verdict that took into account the broader context of the dispute ...
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... litigants case.'6 As is often pointed out, however, a litigant who wished to be successful would presumably limit himself to statements and arguments that were likely to be accepted by a jury; speakers may at times give us a self ...
... litigants case.'6 As is often pointed out, however, a litigant who wished to be successful would presumably limit himself to statements and arguments that were likely to be accepted by a jury; speakers may at times give us a self ...
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... Athenian notions of evidence that should be presented to a jury as "relevant" rather than "admissible" because Athenian litigants explaining why they are making certain arguments speak in terms of whether the evidence is relevant ...
... Athenian notions of evidence that should be presented to a jury as "relevant" rather than "admissible" because Athenian litigants explaining why they are making certain arguments speak in terms of whether the evidence is relevant ...
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Law and Justice in the Courts of Classical Athens Adriaan Lanni Ingen forhåndsvisning tilgjengelig - 2008 |
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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