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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... type of case tend to focus more narrowly on the terms of the contract and less on arguments from fairness and the broader context of the dispute than ... types of suit. 0521857597001 CBioi7/Lanm o 521 85759 7 November 29, 2005 11:52 Pi: IWV.
... type of case tend to focus more narrowly on the terms of the contract and less on arguments from fairness and the broader context of the dispute than ... types of suit. 0521857597001 CBioi7/Lanm o 521 85759 7 November 29, 2005 11:52 Pi: IWV.
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... types of information and arguments should be presented to a jury and given weight in reaching a verdict. I refer to information and argumentation in the court speeches that do not bear on the application of the formal charge to the ...
... types of information and arguments should be presented to a jury and given weight in reaching a verdict. I refer to information and argumentation in the court speeches that do not bear on the application of the formal charge to the ...
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... type of evidence in Athenian courts — that we unquestionably exclude as irrelevant to proving the elements of the legal charge. In practice, modern trial lawyers are often able to impart to the jury some information that, strictly ...
... type of evidence in Athenian courts — that we unquestionably exclude as irrelevant to proving the elements of the legal charge. In practice, modern trial lawyers are often able to impart to the jury some information that, strictly ...
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... types of information were most important in reaching a just outcome to the particular case. The result was a highly flexible — but also highly unpredictable — ad hoc system that permitted litigants to describe the dispute in their own ...
... types of information were most important in reaching a just outcome to the particular case. The result was a highly flexible — but also highly unpredictable — ad hoc system that permitted litigants to describe the dispute in their own ...
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... type of case tend to focus more narrowly on the contractual dispute and less on the character of the litigants than similar non-maritime commercial cases. I argue that these differences stem from a need to facilitate trade by offering a ...
... type of case tend to focus more narrowly on the contractual dispute and less on the character of the litigants than similar non-maritime commercial cases. I argue that these differences stem from a need to facilitate trade by offering a ...
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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