Law and Justice in the Courts of Classical Athens by Adriaan Lanni PDF

Rules Procedures

By Adriaan Lanni

ISBN-10: 0521857597

ISBN-13: 9780521857598

Within the legislations Courts of Classical Athens, Adriaan Lanni attracts on modern criminal considering to provide a brand new version of the felony process of classical Athens. She analyzes the Athenians' choice generally for advert hoc, discretionary decision-making, rather than what moderns could name the guideline of legislation. Lanni argues that the Athenians consciously hired diverse techniques to criminal decision-making in several kinds of courts. the numerous ways to felony method stems from a deep stress in Athenian perform and pondering, among the call for for flexibility of felony interpretation in step with the workout of democratic strength by way of traditional Athenian jurors; and the call for for consistency and predictability in felony interpretation anticipated through litigants and essential to enable electorate to comply their behavior to the legislation. Lanni provides classical Athens as a case learn of a profitable felony approach that, through glossy criteria, had a very individualized and discretionary method of justice.

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Extra resources for Law and Justice in the Courts of Classical Athens

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According to Plutarch and Aristotle, the lawgiver Solon introduced this generalized standing rule in public cases to protect the weak,92 but it is unclear how often disinterested parties brought cases for altruistic reasons. In our surviving graphai the prosecutor tends to be the primary party in interest, or at least a personal enemy of the defendant with something to gain by his conviction. Although volunteer prosecutors were vital to the functioning of the Athenian legal system, there was a real worry that some men would take advantage of the open standing rule by bringing frivolous and malicious suits (a practice known as sycophancy), perhaps in some cases with the hope of extorting a settlement from an innocent potential defendant.

Sol. 18; Osborne 1985a:40ff. On sycophancy, vexatious litigation, and attempts to deter this phenomenon in Athens, see Lofberg 1976; Osborne 1993; Christ 1998b:48–71; E. Harris 1999. 17:55 P1: IYP 0521857597c02a CB1017/Lanni 0 521 85759 7 December 19, 2005 36 athens and its legal system for both prosecutor and defendant: graphai were allotted more court time, involved greater penalties, and placed the prosecutor at risk of a 1000 drachma fine (perhaps 500 days’ wages for a skilled workman) if he failed to receive at least one-fifth of the jurors’ votes at trial.

Cohen 2000:79– 103). In the fourth century, the Assembly could grant citizenship rights to particular individuals, though this seems to have been rare. We know of only 64 such grants of citizenship, and many were merely honorary statements of gratitude to foreign dignitaries who had no plans to exercise their newly granted citizenship rights (Hansen 1999:94–95). It seems likely that a foreigner was obliged to register as a metic (and pay the metic tax) once he had spent a short time – perhaps one month – living in Athens.

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Law and Justice in the Courts of Classical Athens by Adriaan Lanni

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