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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... statute was merely a procedural mechanism for moving the feud or competition onto a public stage.4 Extra-legal 1 Robinson (1997:16—25) discusses possible examples of early democracies outside of Athens, some of which predate the ...
... statute was merely a procedural mechanism for moving the feud or competition onto a public stage.4 Extra-legal 1 Robinson (1997:16—25) discusses possible examples of early democracies outside of Athens, some of which predate the ...
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... statutes — played a much greater role in Athenian litigation than is commonly thought.6 They tend to dismiss the ... statute to the event in question. For example, popular court litigants s Ostwald 1986:497—524; Sealey 1987:146—148 ...
... statutes — played a much greater role in Athenian litigation than is commonly thought.6 They tend to dismiss the ... statute to the event in question. For example, popular court litigants s Ostwald 1986:497—524; Sealey 1987:146—148 ...
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... statutes. The nature of our sources presents not only challenges but also opportunities: from the beginning, the study of Athenian law has been of necessity a study not of law on the books but of law in action. 14 Lysias 24 For the ...
... statutes. The nature of our sources presents not only challenges but also opportunities: from the beginning, the study of Athenian law has been of necessity a study not of law on the books but of law in action. 14 Lysias 24 For the ...
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... statutes and/ or case law provide for a list of criteria (often called "elements") that must be met for a prosecutor or 18 The two most important changes were the transition from oral to written indictments and witness evidence in the ...
... statutes and/ or case law provide for a list of criteria (often called "elements") that must be met for a prosecutor or 18 The two most important changes were the transition from oral to written indictments and witness evidence in the ...
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... statute were no more authoritative than information regarding the concrete effects a conviction would have on the offender, and the relative weight to be accorded to the various types of extra-legal or legal argument presented in each ...
... statute were no more authoritative than information regarding the concrete effects a conviction would have on the offender, and the relative weight to be accorded to the various types of extra-legal or legal argument presented in each ...
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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