By Edward M. Harris
The Rule of legislations in motion in Democratic Athens examines how the Athenians tried to implement and practice the legislation while judging disputes in court docket. contemporary scholarship has paid huge consciousness to the perform and execution of Greek legislation. even though, a lot of this paintings has left numerous improper assumptions unchallenged, similar to that Athenian legislation was once basically focused on process; that the most job of enforcement lay within the arms of personal voters; that the Athenians used the courts to not uphold the legislations yet to pursue own feuds; and that the Athenian courts rendered ad hoc judgments and paid little consciousness to the letter of the legislation. Drawing on smooth felony thought, the writer examines the character of "open texture" in Athenian legislations and divulges that the Athenians have been even more refined of their method of legislation than many glossy students have assumed, and therefore breaks enormous new floor within the box. whilst, the booklet stories the weaknesses of the Athenian felony method and the way they contributed to Athens' defeat within the Peloponnesian struggle. via reexamining the on hand facts, Edward Harris offers a miles wanted corrective to long-held perspectives and locations the Athenian management of justice in its huge political and social context.
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Extra info for The Rule of Law in Action in Democratic Athens
Athens was not the only city where astynomoi had the responsibility for enforcing extensive municipal regulations. For Pergamum see OGIS 483 with Klaffenbach (1954). 43. For their duties see Rhodes (1981) 575–76. 44. See Bresson (2000) 151–208. For the duties of the agoranomoi in other poleis see Migeotte (2005). Was Athens a State or a Stateless Community? 31 Savior and Dionysus takes place clean and in good shape (lines 19–23). They have the power to force those who dump pots into the street to clean up their mess in any way they order (lines 25–8).
Before entering Attica, the king sent a man named Melesippus to ask the Athenians if they were willing to yield to Spartan demands, but the Athenians refused to receive any herald while the Spartan army was in the field and told him to be outside their borders before 1. For the three features see Hansen (1998) 37–40 with references to recent works of political theory. 2. Weber (1972) 822. 22 the politic al and social contex ts of athenian l aw the end of the day. 3 Even though the two sides were enemies and disagreed about many issues, the Athenians and the Spartans had no difference of opinion about where Athenian territory began and where it ended.
In Classical Athens, on the other hand, litigants used precedents to show that their interpretation of the law was the traditional one, accepted by other citizens. In Athenian democracy, the right to enact laws was the power of the Assembly. The eighth chapter examines to what extent the Athenian courts took other factors into account when judging cases. Some scholars have claimed that the Athenians took a stricti iuris approach to the law and did not take extenuating circumstances into account (Meyer-Laurin , Lanni ).