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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... mean a higher profile and more severe penalties, had important consequences in the game of honor (Osborne 19853:52—53). 0521857597001 CBioi7/Lanm o 521 85759 7 November 29, 2005 11:52 I Pi: IWV 0521857597001 CBioi7/Lanni ...
... mean a higher profile and more severe penalties, had important consequences in the game of honor (Osborne 19853:52—53). 0521857597001 CBioi7/Lanm o 521 85759 7 November 29, 2005 11:52 I Pi: IWV 0521857597001 CBioi7/Lanni ...
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... 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 and the particular circumstances of the individual case.8 Even the relative importance ...
... 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 and the particular circumstances of the individual case.8 Even the relative importance ...
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... importance of predictable verdicts was high, the Athenians employed rules of admissibility and relevance that limited jury discretion. Classical Athens thus provides a valuable case study of a legal system that favored equity and ...
... importance of predictable verdicts was high, the Athenians employed rules of admissibility and relevance that limited jury discretion. Classical Athens thus provides a valuable case study of a legal system that favored equity and ...
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... important, any statement we meet in the speeches regarding the law or legal procedures may be a misleading characterization designed to help the litigants case.'6 As is often pointed out, however, a litigant who wished to be successful ...
... important, any statement we meet in the speeches regarding the law or legal procedures may be a misleading characterization designed to help the litigants case.'6 As is often pointed out, however, a litigant who wished to be successful ...
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... important exceptions,18 the practices and procedures of the courts remained largely unchanged throughout the classical period. It therefore makes sense to treat the popular court system from 430—323 b.c.e. as a single unit for ...
... important exceptions,18 the practices and procedures of the courts remained largely unchanged throughout the classical period. It therefore makes sense to treat the popular court system from 430—323 b.c.e. as a single unit for ...
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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