Suchergebnisse

Modern social and political thought has approached the questions of politics, law, and citizenship from the vantage point of a fundamental divide between the occidental and oriental, or archaic and modern, institutions. This article creates a concept, the gift of law, by staging two gift-giving practices as two historical moments: Greek euergetism and Ottoman waqf. While it is indebted to Mauss, our articulation of the gift of law also owes to the critical interventions of Jacques Derrida and Pierre Bourdieu, who emphasized non-voluntaristic and non-calculative aspects of the gift. We argue that both euergetism and the waqf enabled and substantiated legal subjectivities that allocated rights and obligations. Those gift-giving practices establish relationships between various groups and legal authorities that were crucial in the formation of cities as spaces of government, for both citizens and non-citizens alike. With the concept 'gift of law', categories 'oriental' and 'occidental' become problematic.

The use of writing in the development of Greek law was unique. In this comparative study Professor Gagarin shows the reader how Greek law developed and explains why it became so different from the legal systems with which most legal historians are familiar. While other early communities wrote codes of law for academic or propaganda purposes, the Greeks used writing extensively to make their laws available to a relatively large segment of the community. On the other hand, the Greeks made little use of writing in litigation whereas other cultures used it extensively in this area, often putting written documents at the heart of the judicial process. Greek law thereby avoided becoming excessively technical and never saw the development of a specialised legal profession. This book will be of interest to those with an interest in the history of law, as well as ancient historians

Frontmatter -- Contents -- Abbreviations -- Acknowledgments -- Introduction -- 1 / Administering Justice in Ancient Athens: Framework and Core Principles -- 2 / Revenge and Punishment -- 3 / Hyperides's Against Athenogenes and the Athenian Lawon Agreements -- 4 / Slaves Operating Businesses: Legal Ramifications for Ancient Athens— and for Modern Scholarship -- 5 / Toward a New Shape of the Relationship between Public and Private Law in Ancient Greece -- 6 / "Heiliges Recht " and "Heilige Gesetze ": Law, Religion, and Magic in Ancient Greece -- 7 / Summary Fines in Greek Inscriptions and the Question of "Greek Law" -- 8 / Soft Law in Ancient Greece? -- 9 / From Anthropology to Sociology: New Directions in Ancient Greek Law Research -- 10 / Oral Law in Ancient Greece? -- 11 / The Future of Classical Oratory -- Contributors -- Index Locorum -- Index -- Index of Greek Terms

This Companion volume provides a comprehensive overview of the major themes and topics pertinent to ancient Greek law. A substantial introduction establishes the recent historiography on this topic and its development over the last 30 years. Many of the 22 essays, written by an international team of experts, deal with procedural and substantive law in classical Athens, but significant attention is also paid to legal practice in the archaic and Hellenistic eras; areas that offer substantial evidence for legal practice, such as Crete and Egypt; the intersection of law with religion, philosophy, political theory, rhetoric, and drama, as well as the unity of Greek law and the role of writing in law. The volume is intended to introduce non-specialists to the field as well as to stimulate new thinking among specialists

This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online.

Cover Page; Title Page; Copyright Page; Contents; List of Illustrations; Preface; Chronological Table; Map; 1. Approaching Greek Laws and Lawgivers; 2. Early Greek Order, Justice and Law; 3. The Lawgiver and his Laws; 4. Minos and Rhadamanthus of Crete; 5. Lycurgus of Sparta; 6. Solon of Athens; 7. Lesser Known Lawgivers; Suggestions for Further Reading; Questions for Further Study; Glossary of Technical Terms; Index

Contents -- Editors' Note -- Preface: Westbrook among the Classicists: An Unending Conversation, by Deborah Lyons -- Introduction: Raymond Westbrook and the Ends of the Earth, by Sophie Démare-Lafont -- 1 The Trial Scene in the Iliad -- 2 Penelope's Dowry and Odysseus' Kingship -- 3 Drakon's Homicide Law -- 4 Barbarians at the Gates: Near Eastern Law in Ancient Greece -- 5 The Nature and Origins of the Twelve Tables -- 6 Restrictions on Alienation of Property in Early Roman Law -- 7 The Coherence of the Lex Aquilia -- 8 Vitae Necisque Potestas -- 9 The Origin of Laesio Enormis