Democracy and the Rule of Law in Classical Athens: Essays on by Edward M. Harris

By Edward M. Harris

This quantity brings jointly essays on Athenian legislation by means of Edward M. Harris, who demanding situations a lot of the hot scholarship in this subject. proposing a balanced research of the criminal approach in old Athens, Harris stresses the significance of substantial matters and their contribution to our knowing of alternative varieties of felony methods. He combines cautious philological research with shut realization to the political and social contexts of person statutes. jointly, the essays during this quantity exhibit the connection among legislation and politics, the character of the financial system, the location of girls, and the position of the felony method in Athenian society. in addition they express that the Athenians have been extra subtle of their method of felony concerns than has been assumed within the glossy scholarship in this subject.

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Extra resources for Democracy and the Rule of Law in Classical Athens: Essays on Law, Society, and Politics

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P†nta –v t¼ koin¼n ˆnaf”rei. For Theseus, one of the greatest signs of freedom under democracy is the fact that public meetings begin with the question t©v q”lei p»lei I crhst»n ti boÅleumì –v m”son f”rein ›cwn? Finally, Otanes cites the use of the lot to ensure that everyone has a chance to serve in office (p†lw„ . . ˆrc‡v Šrcei). Without mentioning the use of the lot, Theseus also lauds democracy for providing all citizens with the opportunity to hold power through the rotation of office (d¦mov dì ˆn†ssei diadoca±sin –n m”rei I –niaus©aisin).

Cases involving violations are to be heard by the Iaromaos (Koerner [1993] #39). In a similar fashion, the Ephors of Sparta had the power to depose other magistrates who did not obey the laws (Xen. Lac. Pol. 4). The laws of the Greek poleis thus illustrate in concrete terms how these communities put into practice the idea, found both in Solon’s poetry and in the story of Demonax, that one of the chief tasks of the legislator was not just to lay down rules for individuals to follow but also to distribute power to various bodies and to avoid the concentration of power.

On the extent to which the distinction between magistrates and private citizens introduced an element of inequality into Athenian democracy, see Rubinstein (1998). On annual rotation 27 I would like to thank Professor Kurt Raaflaub for reading an earlier version of this article and offering several brilliant suggestions for improvement. His remarks helped me to understand the nature of the two contrasts implied in the pair of m”n . . d” constructions. He should not be held responsible for any errors of fact or judgment in the published version.

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