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. |
Inni boken
Resultat 1-5 av 33
Side
... political institutions, but its law courts have been largely ignored by lawyers and legal historians. This neglect is not mysterious. Athenian law has failed to attract the interest of legal historians because it was run by amateurs and ...
... political institutions, but its law courts have been largely ignored by lawyers and legal historians. This neglect is not mysterious. Athenian law has failed to attract the interest of legal historians because it was run by amateurs and ...
Side
... political commitment to maximizing the discretion wielded by popular juries. In other cases, however, such as commercial suits, where the practical importance of predictable verdicts was high, the Athenians employed rules of ...
... political commitment to maximizing the discretion wielded by popular juries. In other cases, however, such as commercial suits, where the practical importance of predictable verdicts was high, the Athenians employed rules of ...
Side
... political and legal institutions probably written by Aristotle or his students. The comic plays of Aristophanes include several references to the law courts; the central character of the comedy The Wasps is an elderly Athenian juror ...
... political and legal institutions probably written by Aristotle or his students. The comic plays of Aristophanes include several references to the law courts; the central character of the comedy The Wasps is an elderly Athenian juror ...
Side
... political, and professional. 27 Burns 1999:36—37. 28 Cf. Anst. Atb.Pol. 67.1. For discussion, see Chapter 3. Abbreviations of classical texts follow the style of the Oxford Classical Dictionary (2d edition). 0521857597001 CBioi7/Lanm o ...
... political, and professional. 27 Burns 1999:36—37. 28 Cf. Anst. Atb.Pol. 67.1. For discussion, see Chapter 3. Abbreviations of classical texts follow the style of the Oxford Classical Dictionary (2d edition). 0521857597001 CBioi7/Lanm o ...
Side
... political constituency of the democracy,5' and promoted popular decision-making by granting juries maximum ... politics. That it can seem amateurish or alien to us is a measure of the degree to which modern "democracies" have abandoned ...
... political constituency of the democracy,5' and promoted popular decision-making by granting juries maximum ... politics. That it can seem amateurish or alien to us is a measure of the degree to which modern "democracies" have abandoned ...
Innhold
0521857597005 CBioi7Lanni | |
0521857597C04 CBioiyLanni | |
0521857597C05 CBioiyLanni | |
0521857597006 CBioi7Lanni | |
0521857597C07 CBioiyLanni | |
Andre utgaver - Vis alle
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