The definitive book on judicial review in Athens from the 5th through the 4th centuries BCE. The power of the court to overturn a law or decree—called judicial review—is a critical feature of modern democracies. Contemporary American judges, for example, determine what is consistent with the Constitution, though this practice is often criticized for giving unelected officials the power to strike down laws enacted by the people's representatives. This principle was actually developed more than two thousand years ago in the ancient democracy at Athens. In Control of the Laws in the Ancient Democracy at Athens, Edwin Carawan reassesses the accumulated evidence to construct a new model of how Athenians made law in the time of Plato and Aristotle, while examining how the courts controlled that process. Athenian juries, Carawan explains, were manned by many hundreds of ordinary citizens rather than a judicial elite. Nonetheless, in the 1890s, American apologists found vindication for judicial review in the ancient precedent. They believed that Athenian judges decided the fate of laws and decrees legalistically, focusing on fundamental text, because the speeches that survive from antiquity often involve close scrutiny of statutes attributed to lawgivers such as Solon, much as a modern appellate judge might resort to the wording of the Framers. Carawan argues that inscriptions, speeches, and fragments of lost histories make clear that text-based constitutionalism was not so compelling as the ethos of the community. Carawan explores how the judicial review process changed over time. From the restoration of democracy down to its last decades, the Athenians made significant reforms in their method of legislation, first to expedite a cumbersome process, then to revive the more rigorous safeguards. Jury selection adapted accordingly: the procedure was recast to better represent the polis, and packing the court was thwarted by a complicated lottery. But even as the system evolved, the debate remained much the same: laws and decrees were measured by a standard crafted in the image of the people. Offering a comprehensive account of the ancient origins of an important political institution through philological methods, rhetorical analysis of ancient arguments, and comparisons between models of judicial review in ancient Greece and the modern United States, Control of the Laws in the Ancient Democracy at Athens is an innovative study of ancient Greek law and democracy.

"A balanced, high-quality analysis of the developing nature of Athenian political society and its relationship to 'democracy' as a timeless concept."—Mark Munn, author of The School of History

This book draws on contemporary legal scholarship to explain why Athens was a remarkably well-ordered society.

Athenian Law and Society focuses upon the intersection of law and society in classical Athens, in relation to topics like politics, class, ability, masculinity, femininity, gender studies, economics, citizenship, slavery, crime, and violence. The book explores the circumstances and broader context which led to the establishment of the laws of Athens, and how these laws influenced the lives and action of Athenian citizens, by examining a wide range of sources from classical and late antique history and literature. Kapparis also explores later literature on Athenian law from the Renaissance up to the 20th and 21st centuries, examining the long-lasting impact of the world’s first democracy. Athenian Law and Society is a study of the intersection between law and society in classical Athens that has a wide range of applications to study of the Athenian polis, as well as law, democracy, and politics in both classical and more modern settings.

Since it was no longer self-evident that "better men" meant "better government," critics of democracy sought new arguments to explain the relationship among politics, ethics, and morality.

Proposes a new democratic theory, rooted in activity not consent, and intrinsically related to historical understandings of power and ethics.

This book is the result of a long and fruitful conversation among practitioners of two very different fields: ancient history and political theory. The topic of the conversation is classical Greek democracy and its contemporary relevance. The nineteen contributors remain diverse in their political commitments and in their analytic approaches, but all have engaged deeply with Greek texts, with normative and historical concerns, and with each others' arguments. The issues and tensions examined here are basic to both history and political theory: revolution versus stability, freedom and equality, law and popular sovereignty, cultural ideals and social practice. While the authors are sharply critical of many aspects of Athenian society, culture, and government, they are united by a conviction that classical Athenian democracy has once again become a centrally important subject for political debate. The contributors are Benjamin R. Barber, Alan Boegehold, Paul Cartledge, Susan Guettel Cole, W. Robert Connor, Carol Dougherty, J. Peter Euben, Mogens H. Hansen, Victor D. Hanson, Carnes Lord, Philip Brook Manville, Ian Morris, Martin Ostwald, Kurt Raaflaub, Jennifer Tolbert Roberts, Barry S. Strauss, Robert W. Wallace, Sheldon S. Wolin, and Ellen Meiksins Wood.

In Race and Citizen Identity in the Classical Athenian Democracy, Susan Lape demonstrates how a race ideology grounded citizen identity. Although this ideology did not manifest itself in a fully developed race myth, its study offers insight into the causes and conditions that can give rise to race and racisms in both modern and pre-modern cultures. In the Athenian context, racial citizenship emerged because it both defined and justified those who were entitled to share in the political, symbolic, and socioeconomic goods of Athenian citizenship. By investigating Athenian law, drama, and citizenship practices, this study shows how citizen identity worked in practice to consolidate national unity and to account for past Athenian achievements. It also considers how Athenian identity narratives fuelled Herodotus' and Thucydides' understanding of history and causation.

This book illuminates the distinctive character of our modern understanding of the basis and value of free speech by contrasting it with the very different form of free speech that was practised by the ancient Athenians in their democratic regime. Free speech in the ancient democracy was not a protected right but an expression of the freedom from hierarchy, awe, reverence and shame. It was thus an essential ingredient of the egalitarianism of that regime. That freedom was challenged by the consequences of the rejection of shame (aidos) which had served as a cohesive force within the polity. Through readings of Socrates's trial, Greek tragedy and comedy, Thucydides's History, and Plato's Protagoras this volume explores the paradoxical connections between free speech, democracy, shame, and Socratic philosophy and Thucydidean history as practices of uncovering.

Since ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the use of 'entrenchment clauses' to protect key constitutional provisions from revision, Schwartzberg seeks to demonstrate historically the strategic and even unjust purposes unamendable laws have typically served, and to highlight the regrettable consequences that entrenchment may have for democracies today. Drawing on historical evidence, classical political theory, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points.