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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... citizens; some were resident aliens. For a very brief summary of the life and work of each of the orators, see Gagarin 1998^x11— xv. It is suspected that several of the speeches in the corpus were written by other, lesser-known ...
... citizens; some were resident aliens. For a very brief summary of the life and work of each of the orators, see Gagarin 1998^x11— xv. It is suspected that several of the speeches in the corpus were written by other, lesser-known ...
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... citizens. Because Athenian jurors in the popular courts made highly individualized, ad hoc decisions, I do not attempt to describe a "substantive law" of Athens. Nonetheless, although popular court jurors operated without general ...
... citizens. Because Athenian jurors in the popular courts made highly individualized, ad hoc decisions, I do not attempt to describe a "substantive law" of Athens. Nonetheless, although popular court jurors operated without general ...
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... citizens, who made up a significant portion of the litigants in maritime cases, Athenian jurors would be less eager to look beyond the terms of the contract to enforce social norms of fair dealing and good conduct. In this one area of ...
... citizens, who made up a significant portion of the litigants in maritime cases, Athenian jurors would be less eager to look beyond the terms of the contract to enforce social norms of fair dealing and good conduct. In this one area of ...
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... citizens sitting as a judicial body. Far from accepting the Solonian reforms, the eupatridai resisted with such vigor that no archon was elected in the year 590/ 89 and 586/ 5, "anarchy" in its literal sense. Peisistratus, a member of ...
... citizens sitting as a judicial body. Far from accepting the Solonian reforms, the eupatridai resisted with such vigor that no archon was elected in the year 590/ 89 and 586/ 5, "anarchy" in its literal sense. Peisistratus, a member of ...
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... citizens accounted for only a small portion of the total population of Athens. Metics were either manumitted slaves ... citizen parents. In practice, entry into the citizenship rolls may have been more fluid and flexible (Scafuro 1994; E ...
... citizens accounted for only a small portion of the total population of Athens. Metics were either manumitted slaves ... citizen parents. In practice, entry into the citizenship rolls may have been more fluid and flexible (Scafuro 1994; E ...
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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