On each trial day, juries were selected by lot, and the courts where they were assigned were also selected by lot. Private disputes first went to arbitration. “Update: A Description of the Structure of the Hellenic Republic, the Greek Legal System, and Legal Research.” available at http://www.nyulawglobal.org/globalex/Greece1.html. It was being taken to such proceedings by his tutor that inspired the young Demosthenes to become a logographos.[34]. https://www.ducksters.com/history/ancient_rome/roman_law.php Freeman. H. 1975. Join these Forum discussions! The plaintiff was responsible for serving the complaint on the defendant in the presence of witnesses. The architects Iktinos and Kallikrates and the sculptor Phidias began work on the temple in the middle of the 5th century B.C. 1998. Each state in ancient Greece had its own laws, government, and money. It has been estimated each court day required between fifteen hundred to two thousand jurors. Juries in private cases could number between two and four hundred, while public cases could have between five hundred to one thousand jurors. ____ However, the basic principles of the presentation of pleadings and evidence, the right to have one’s side of the story heard, and decisions made by one’s fellow citizens, would function two thousand five hundred years ago just as they do today. We speak particularly about the flourishing period of this ancient civilization, Plato’s era when men did not hesitate to show, even in public, the passion for other men. [10] Wolpert, A. and Kapparis, K., eds. So how could one defend against if one was in exile and could not come back into Athens? [1] Gagarin, M. 2005. [28] At the conclusion of the parties’ presentations, the jurors voted immediately and secretly, and a simple majority decided the case, differing from modern American criminal juries, which must be unanimous. [17] Thur, G. 2005. Creative Commons CC-BY-2.0. This was less than a man could earn for a day’s work, so many juries were composed of men too old to work, as described in Aristophanes’ comedy, Wasps. Herodotus Book 2 Greek law, legal systems of the ancient Greeks, of which the best known is the law of Athens. The goal of the maritime courts was to provide predictable outcomes to facilitate commerce. Meeting January 26, 11 a.m. EST. [5] Panezi, M. 2017. He did not make evidentiary rulings, permit objections, or offer instruction to the jury. 2005. Complaints could only be brought by individuals: our modern concept of a “legal” but not “natural” “person”, such as a corporation or partnership, apparently did not exist. [30], Jurors’ ballots were two discs with rods through the centers—a solid rod for the defendant, and a hollow rod for the plaintiff. For a useful list of terms used in ancient Greek law, see “A Glossary of Athenian Legal Terms.” http://www.stoa.org/projects/demos/article_law_glossary. Iliad  translation The archons may have heard testimony from parties and witnesses, may have questioned them, and perhaps the parties were allowed to question each other. Although there never was a system of institutions recognized and observed by the nation as a whole as its legal order, there were a number of basic approaches to … Athenian Courts heard two types of cases—private [dikai] or public [graphai]. [23] If the witness was a slave, his testimony would only be admitted after he had been tortured, because it was thought a slave would not give accurate testimony in the absence of fear. Photo Marsyas. Book Club in the forum: 18. Michael Gagarin is Professor Emeritus of Classics at the University of Texas in Austin. [16] Thur, G. 2018. Orpheus tradition Lanni, A. The general unity of Greek law is mainly to be seen in the laws of inheritance and adoption, in laws of commerce and contract, and in the publicity uniformly given to legal agreements. While in rome they were fighting for freedom after they won that battle they made a government called the ROMAN REPUBLIC. Photo Fingalo. Modern attorneys might experience particular difficulty confining themselves to a one-day trial. These laws were so harsh that his name gave rise to our English word "Daconian" meaning an unreasonably harsh law. [15] At these preliminary hearings, the parties could question each other, and had to disclose the evidence they intended to present at trial, including documents and testimony of witnesses. 2. [9], Interestingly, homicide cases were brought as dikai, not graphai. Athenian law required and assumed a woman to be under the control and protection of a kyrios or guardian who was responsible for her safety and well being, and acted on her behalf anytime she needed legal contact with the outside or public world.His duties, of course, included effective control of any money or property that she might … The Murder of Herodes and Other Trials from the Athenian Law Courts. xiii. and trans. In the case of a tie, the accused was found not guilty. In summary, if we were to bring legal proceedings in ancient Athens, we would find many of the procedures and customs foreign and confusing. See also Wolff. PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). “The Future of Classical Oratory.” in Ancient Greek Law in the 21st Century, ed. 221. M. Gagarin and D. Cohen, 35. Hecate, goddess of the triple crossroads Since arbitration required the parties to submit all the documents they would use at trial, and those documents would be sealed in a container [echinos], arbitration also served the purpose of pretrial preparation. [6] Popular courts met at various locations, primarily near the Agora. Pericles’ democracy established the need for training in public speaking. Early Roman Law And The West: A Reversal Of Grounds, Classical and Post-Classical Roman Law: The Legal Actors and the Sources. In Hellenistic Greece, law in cities remained relatively unchanged but in newly settled areas like Egypt, law developed very differently. In contrast, this law established exile as the penalty for homicide and was the only one of Draco's laws that Solon … As a culture (as opposed to a political force), Greek civilization lasted longer still, continuing right to the end of the ancient world.Philip of Macedon’s de… The maritime courts’ cases often involved non-Athenian traders or metics (non-citizens living in Athens). R. Civ. Law, Crime and Punishment in Ancient Greece by chiara smith It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. ( 2009 ) “Social Norms in the Ancient Athenian Courts” Journal of Legal Analysis 1.2: 691–736. Experiencing Latin: Plautus Amphitruo [20], As in modern proceedings, the plaintiff spoke first, followed by the defendant, and the parties were timed by a water clock [klepsydra]. “Platonic Love” and pedophilia in Ancient Greece. [26] Many statements were allowed in the popular courts which today would meet evidentiary challenges such as hearsay and relevance. Creative Commons CC-BY-2.0, Figure 2: Blick auf den Areopag in Athen. A paragraphē might be described as a “counter indictment,” indicating the case brought against the defendant was not proper, and asserting the plaintiff was in the wrong. Man's best friend “The Unity of Greek Law” in The Cambridge Companion to Ancient Greek Law, ed. [3], Athenian Courts heard two types of cases—private [dikai] or public [graphai]. 1998. [27], The magistrate conducting the trial had no role other than to preside. What makes an epic poem? For purposes of simplicity, the term “jurors” is used here. Latin Wheelock group The denial of the existence of a cause of action, without an accompanying complaint against the plaintiff, appears to have functioned somewhat like a modern motion to dismiss for failure to state a cause of action. 2011. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice). 1998. In response to the complaint, a defendant could deny the allegations, deny and raise a paragraphē, or deny there was a cause of action. [20] Wolpert and Kapparis, 2011. xiii-xx. [16] Following the preliminary hearing, the magistrate generally sent a private case not involving homicide to an arbitrator, and a public case directly to the popular court. For example, juries often heard arguments pertaining to the litigant’s previous actions, his relationship to others in the community, and the possible adverse effects of a guilty verdict upon his family. However, major Greek (or “Hellenistic”, as modern scholars call them) kingdoms lasted longer than this. Complaints could only be brought by individuals: our modern concept of a “legal” but not “natural” “person”, such as a corporation or partnership, apparently did not exist. [3] Hornblower, S. and A. Spawforth, eds. Women in ancient Greece were not permitted to take part in public life. The main creaters of the laws in Ancient Greek laws was the assembly. [27] Lanni, A. Laws of Ancient Greece. It’s sometimes ... Same-sex sexual relations are legal in Greece and civil unions between same-sex couples have been legal since … Greek assemblies debated old and new laws on a yearly basis. However, if the private case went to trial and the plaintiff got less than a fifth of the votes, he would pay a fine of one thousand drachmas and would have to refrain from similar lawsuits in the future. 1997. There were no attorneys or prosecutors. When no individual victim existed (e.g. They would generally follow the tit-for-tat policy. [7] Freeman, K. 1963. However, no cross-examination was allowed. Oxford, U.K. 221. There were no attorneys or prosecutors. [23] Hornblower and Spawforth. Kelly Lambert is a member of the Kosmos Society. And to speak at a legislative assembly required serious, highly developed, and refined debate, because at stake generally were issues of peace and war. P. Perlman 197. [34] Lanni, A. The first category of courts, hearing the vast majority of cases, were the popular courts [dikasterai], which addressed complaints not involving a killing or wounding. public embezzlement), anyone could prosecute. “Spectator Sport or Serious Politics? [22] As part of his presentation, a party could bring in witness testimony, either to be read from a document or later, to be given in person. She argues that although there was a relatively effective law of war in ancient Greece, it did not encompass humanitarian ideals. In private cases, only a person with a personal interest in the case (such as a person who had been harmed, or, in the case of a homicide, the family of the deceased) could bring complaints. Article 323 of the Law punishes trafficking of human bei… In 2002, the Greek Parliament unanimously adopted Law No 3064/2002 on Measures to Combat Trafficking in Human Beings, Sexual and Economic Exploitation, and Child Pornography.An implementing Presidential Decree, No. A Closer Look at Homosexuality in Ancient Greece . Scholars disagree as to whether the dikastai should be called jurors or judges, since their function was essentially both roles. Cambridge, U.K. [18] Hornblower, S. and A. Spawforth, eds. Athens began as a small, Mycenaen community and grew to become a city that, at its height, epitomized the best of Greek virtues and enjoyed such prestige that the Spartans refused to sack the city or enslave the citizens, even after Athens' defeat in the Peloponnesian War. This set a mod… [7], Figure 1:  The Ruins of the Ancient Athenian Agora, with the Stoa of Attalos and the Acropolis in the background, Homicide and wounding cases were heard before the second type of court, and employed more formal procedures than the popular courts. This law said that exile was the penalty for murder and was the only one of Draco’s laws that Solon kept when he became law giver in 594 BC. Further, there were no prosecutors, no professional lawyers, and no crime-investigating police. For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us. Legal Speeches of Democratic Athens. PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). (2008) “ The Laws of War in Ancient Greece ” Law and History Review 26: 469–489. Six thousand such citizens were selected by lot each year. Resources for ancient Greek law are plentiful with primary sources able to provide in depth information . Ancient Greek law consists of the laws and legal institutions of Ancient Greece. [25] However, litigants never indicated they were delivering prepared speeches, instead pretending they were speaking extemporaneously, demonstrating their skill at what we today would call rhetoric, with the goal of persuading the jury. [6] Lanni, A. P. Rule 12(b)(6), allowing the defense of failure to state a claim to be brought by motion, and Rule 13, addressing counterclaims. Odyssey translation/discussion If you have purchased a print title that contains an access token, please see the token for information about how to register your code. __________________________________________________________. [4] Bers, Victor, and Adriaan Lanni. Attic Greek: ('Panathenaians') Some of the most famous of these logographai were Antiphon, Lysias, and Demosthenes. From Wikimedia Commons. 233, followed in 2003. Around 620 BC Draco, the lawgiver, set down the first known written law of Ancient Greece. When we investigate how the law and the courts of Classical Greece worked, the law of ancient Athens provides most of our source material. When witness testimony or statutes were read to the jurors, the water clock was stopped, to be restarted when the speaker continued his speech. Hippocrates The government systems of ancient Greece were varied as the Greeks searched for the answers to such fundamental questions as who should rule and how? [21] Wolpert and Kapparis, 2011. xix—xx. The courtrooms that Solon reformed now bristled with litigation. His research focuses on ancient Greek law and rhetoric, and comparative ancient law. Other homicide courts included the Palladion, the Dephinion, and the Prythaneion. New York. [24], Often, litigants hired speech writers (logographai), who provided speeches for the parties to deliver. In such cases, the defendant stood on a boat offshore at a place called Phreatto, while the jury listened from the beach. There were no professional judges, prosecutors, or advocates, but the rule of law was largely observed. The city of Athens, Greece, with its famous Acropolis, has come to symbolize the whole of the country in the popular imagination, and not without cause. Greek law had little influence on later law. Ancient Greece Punishments: Until the end of the Dark Age (1200 BC – 900 BC) and for the initial period in 900 BC and thereafter, there were no set of laws or rules in Ancient Greece. The Oxford Companion to Classical Civilization. Keywords: law, ancient Greece, Gortyn, Sparta, Athenian law, democratic law, Hellenistic law. 2004. Please subscribe or login to access full text content. However, they could never achieve full right s of a Citizen, neither could they own houses or land and were not allowed to speak in law courts. Around 620 BC Draco, the, lawgiver, wrote the first known law of Ancient Greece. In Hellenistic Greece, law in cities remained relatively unchanged but in newly settled areas like Egypt, law developed very differently. It was not until the middle of the seventh century BC that the Greeks first began to establish official laws. “Verdict Most Just: The Modes of Classical Athenian Justice.” 16 Yale Journal of Law and Humanities 277, 281. The same can not be said about homosexual relationships in ancient Greece. Pericles’ juries numbered between 500 and 2,000 people, so speaking at a public trial was similar to speaking at a public meeting. The Ministry of Public Order took a step in the right direction through the establishment of the Group against Human Trafficking (OKEA) to study the phenomenon and to set the legislative process in motion. 1954. Murders were settled by members … [19] Hornblower and Spawforth. 1963. Instead, the laws of war focused on protecting sacred objects and observances. 1998. “The Role of the Witness in Athenian Law.” in The Cambridge Companion to Ancient Greek Law. [8] The homicide courts did not rely on jurors, but on panels of fifty-one elders who served life terms. The jurors dropped ballots to be counted in one container and ballots not to be counted in another container, covering the rods so their votes remained unknown to others. For example, the homicide courts prohibited statements “outside the point,” that is, statements which today’s rules of evidence might classify as irrelevant, while popular courts were more lenient about what statements were acceptable. The ancient Greek world had no single system of law; individual states instead formed their own political and legal systems, although these were arguably based largely on the same general principles. “Commentary: Greek Legal History—Its Functions and Potentialities.” 1975 Washington University Law Quarterly 395:397. 221. Photo William Neuheisel. 396. See Fed. Lanni , A. Wikimedia Commons. The civilization of Ancient Greece emerged into the light of world history in the 8th century BC. 16. 1998. Subscribe to this website to receive notification about new blog post articles and notices (powered by WordPress). [10] However, the public interest in homicide cases is demonstrated by the fact that if no perpetrator of a homicide could be found or convicted, the murder weapon or animal was found guilty and banished or killed to remove the ritual pollution of the killing. Foreign slaves were often employed as police men and women in Ancient Greece. His laws became known for their cruelty as “draconian” and indeed, death was punishment for the majority of crime, including even the most pity theft. [32] There was no appeal from the verdict of the jurors. [33] Hornblower and Spawforth. After discussing the unity of Greek law and scholarship on Greek law, it reviews the evidence for law in Gortyn (in Crete), including the Gortyn Law Code, in Sparta, and at greater length in Athens, which is best documented. Then the votes were counted and the verdict announced. While the Areopagus was reserved for cases of intentional homicide, the Palladion was reserved for cases of unintentional homicide (today we might classify such a case as the crime of involuntary manslaughter or the tort of wrongful death.) Normally it is regarded as coming to an end when Greece fell to the Romans, in 146 BC. © Oxford University Press, 2018. [14] The complaint was then brought before a magistrate, who was a citizen chosen by lot, who then held a preliminary hearing [anakrisis]. HeroesX v15Enrollment open [18] Jurors received a small fee, three obols, for each day spent hearing cases. Creative Commons CC-BY-SA-2.0-DE, Figure 3: Klepsydra – Water Clock: Reconstruction of a clay original of the late 5th century BCE, Ancient Agora Museum in Athens. They had to have over 6,000 members present before they held any meetings. 156-157. In a public trial, since the state had an interest in punishing a wrongdoer, the parties could not settle without being fined 100 drachmas, but were not charged court fees. Public transport. 396. [2] However, by the fifth century BCE., Athens had written statues and a formal court system. Public cases were also brought by individuals, but, because they were considered to be of interest to the public, they could be brought by any citizen, that is, any free-born Athenian male over the age of eighteen. The disputes had to be over written contracts, as opposed to disputes over oral agreements. Maritime Vocabulary VI, Join or read notes from the study groups Publication and Public Space in Ancient Greece: The Dynamics of Publication on Stone in Democracies and Oligarchies Supervisor: Professor Rosalind Thomas, Faculty of Classics In ancient Greece, the most striking form of publication [ of texts was the stone inscription, which literally made public various forms of text on stone in a public place. In a private case, litigants were charged court fees, and could settle the case without penalty. [33], The trial was also a public event, and it was common that those who had not been chosen as jurors, or men in town for the day on other business, would spend time at the courts, watching the proceedings. WOMEN, MONEY AND THE LAW IN ANCIENT ATHENS. In recent years, we have witnessed an undeniable advancement of the LGBT rights through several legal cases and political campaigns. The Oxford Companion to Classical Civilization. Athens had a highly democratic legal system. 1963. Austin, TX. Lanni surveys what is known about the law of war in ancient Greece, addressing the law's sources, content, and enforcement mechanisms. [2] Chroust, A. The most noteworthy result of Pericles’ public-works campaign was the magnificent Parthenon, a temple in honor of the city’s patron goddess Athena. For homicides involving animals, inanimate objects, or unknown persons, the case was brought in the Prytaneion. 396. The social classes applied to men only, as women all took their social and legal status from their husband or their male partner. Indianapolis. public embezzlement), anyone could prosecute. Oxford, U.K. 221. This overview will therefore focus on Athenian law in the fifth and fourth centuries, BCE. Legislation was enacted by an Assembly open to all citizens, laws were written and publicly displayed, plaintiffs and defendants pleaded their own cases, and trials were judged by juries of 200 or more. [19] Jurors were not assigned days to work, but simply appeared when they were willing to serve. The maritime courts, like the homicide courts, employed a rule prohibiting statements outside the issue of the case.[13]. Creative Commons CC BY-SA 2.5, Figure 4: Athenian Secret Ballot. Attic Greek ('Sophoi') [24] Hornblower and Spawforth. When no individual victim existed (e.g. Further, there were no prosecutors, no professional lawyers, and no crime-investigating police. The surviving speeches of such men constitute a major source for our knowledge of Athenian law. Analysis 1.2: 691–736 verdict most Just: the Legal Actors and the Prythaneion adjudicated by officials called archons for. Athenian Law. ” in the Cambridge Companion to Ancient Greek law times, a case was brought the... 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