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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... opponents' actions in the course of the litigation process, or the financial or other effects a conviction would have on the defendant and his innocent family. I argue that these extra-legal arguments were vital to making a case in an ...
... opponents' actions in the course of the litigation process, or the financial or other effects a conviction would have on the defendant and his innocent family. I argue that these extra-legal arguments were vital to making a case in an ...
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... opponents case, as, for example, evidence impeaching the reliability of an opponent's witness. 20 Rule 403 of the Federal Rules of Evidence, for example, provides: "Although relevant, evidence may be excluded if its probative value is ...
... opponents case, as, for example, evidence impeaching the reliability of an opponent's witness. 20 Rule 403 of the Federal Rules of Evidence, for example, provides: "Although relevant, evidence may be excluded if its probative value is ...
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... opponents stubbornness and aggressiveness.66 One was expected to settle a suit if at all possible, even if that meant accepting a resolution that was less than completely fair. The speaker in Demosthenes Against Dionysodorus states, "we ...
... opponents stubbornness and aggressiveness.66 One was expected to settle a suit if at all possible, even if that meant accepting a resolution that was less than completely fair. The speaker in Demosthenes Against Dionysodorus states, "we ...
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... opponent and assisted by passersby: The boy fled to the laundryman's shop, and these men violently fell on him all together and were dragging him out, and the boy yelled and screamed for witnesses. Many men ran up and expressed ...
... opponent and assisted by passersby: The boy fled to the laundryman's shop, and these men violently fell on him all together and were dragging him out, and the boy yelled and screamed for witnesses. Many men ran up and expressed ...
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... opponents obstinacy for the failure of private settlement.78 Despite this norm, there was a great deal of litigation in Athens. The courts were in session about 200 days a year, and could hear anywhere from four to upward of 40 cases in ...
... opponents obstinacy for the failure of private settlement.78 Despite this norm, there was a great deal of litigation in Athens. The courts were in session about 200 days a year, and could hear anywhere from four to upward of 40 cases in ...
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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