How successful were the Greeks in bringing about the rule of law? What did the Greeks recognise as law both in the polis and internationally? This collection of essays sets out to answer these questions.

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.

The ancient Greeks invented written law. Yet, in contrast to later societies in which law became a professional discipline, the Greeks treated laws as components of social and political history, reflecting the daily realities of managing society. To understand Greek law, then, requires looking into extant legal, forensic, and historical texts for evidence of the law in action. From such study has arisen the field of ancient Greek law as a scholarly discipline within classical studies, a field that has come into its own since the 1970s. This edited volume charts new directions for the study of Greek law in the twenty-first century through contributions from eleven leading scholars. The essays in the book’s first section reassess some of the central debates in the field by looking at questions about the role of law in society, the notion of “contracts,” feuding and revenge in the court system, and legal protections for slaves engaged in commerce. The second section breaks new ground by redefining substantive areas of law such as administrative law and sacred law, as well as by examining sources such as Hellenistic inscriptions that have been comparatively neglected in recent scholarship. The third section evaluates the potential of methodological approaches to the study of Greek law, including comparative studies with other cultures and with modern legal theory. The volume ends with an essay that explores pedagogy and the relevance of teaching Greek law in the twenty-first century.

The Laws is Plato's last, longest, and perhaps, most famous work. It presents a conversation on political philosophy between three elderly men: an unnamed Athenian, a Spartan named Megillus, and a Cretan named Clinias. They worked to create a constitution for Magnesia, a new Cretan colony that would make all of its citizens happy and virtuous. In this work, Plato combines political philosophy with applied legislation, going into great detail concerning what laws and procedures should be in the state. For example, they consider whether drunkenness should be allowed in the city, how citizens should hunt, and how to punish suicide. The principles of this book have entered the legislation of many modern countries and provoke a great interest of philosophers even in the 21st century.

There has been much debate in scholarship over the factors determining the outcome of legal hearings in classical Athens. Specifically, there is divergence regarding the extent to which judicial panels were influenced by non-legal considerations in addition to, or even instead of, questions of law. Ancient rhetorical theory and practice devoted much attention to character and it is this aspect of Athenian law which forms the focus of this book. Close analysis of the dispute-resolution passages in ancient Greek literature reveals striking similarities with the rhetoric of litigants in the Athenian courts and thus helps to shed light on the function of the courts and the fundamental nature of Athenian law. The widespread use of character evidence in every aspect of argumentation can be traced to the Greek ideas of ‘character’ and ‘personality’, the inductive method of reasoning, and the social, political and institutional structures of the ancient Greek polis. According to the author’s proposed method of interpretation, character evidence was not a means of diverting the jury’s attention away from the legal issues; instead, it was a constructive and relevant way of developing a legal argument.

This 2006 study examines how the ancient Greeks decided questions of justice as a key to understanding the intersection of our moral and political lives. Combining contemporary political philosophy with historical, literary and philosophical texts, it examines a series of remarkable individuals who performed 'scripts' of justice in early Iron Age, archaic and classical Greece. From the earlier periods, these include Homer's Achilles and Odysseus as heroic individuals who are also prototypical citizens, and Solon the lawgiver, writing the scripts of statute law and the jury trial. In democratic Athens, the focus turns to dialogues between a citizen's moral autonomy and political obligation in Aeschyleon tragedy, Pericles' citizenship paradigm, Antiphon's sophistic thought and forensic oratory, the political leadership of Alcibiades and Socrates' moral individualism.

Crime and punishment, criminal law and its administration, are areas of ancient history that have been explored less than many other aspects of ancient civilizations. Throughout history women have been affected by crime both as victims and as offenders. Yet, in the ancient world customary laws were created by men, formal laws were written by men, and both were interpreted and enforced by men.

The original essays in this volume discuss ideas relating to democracy, political justice, equality and inequalities in the distribution of resources and public goods. These issues were as vigorously debated at the height of ancient Greek democracy as they are in many democratic societies today. Contributing authors address these issues and debates about them from both philosophical and historical perspectives. Readers will discover research on the role of Athenian democracy in moderating economic inequality and reducing poverty, on ancient debates about how to respond to inborn and social inequalities, and on Plato’s and Aristotle’s critiques of Greek participatory democracies. Early chapters examine Plato’s views on equality, justice, and the distribution of political and non-political goods, including his defense of the abolition of private property for the ruling classes and of the equality of women in his ideal constitution and polis. Other papers discuss views of Socrates or Aristotle that are particularly relevant to contemporary political and economic disputes about punishment, freedom, slavery, the status of women, and public education, to name a few. This thorough consideration of the ancient Greeks' work on democracy, justice, and equality will appeal to scholars and researchers of the history of philosophy, Greek history, classics, as well as those with an interest in political philosophy.

In this book, Eric Havelock presents a challenging account of the development of the idea of justice in early Greece, and particularly of the way justice changed as Greek oral tradition gradually gave way to the written word in a literate society. He begins by examining the educational functions of poets in preliterate Greece, showing how they conserved and transmitted the traditions of society, a thesis adumbrated in his earlier book Preface to Plato. Homer, he demonstrates, has much to say about justice, but since that idea is nowhere in the epics directly stated or expressed, it must be deduced from the speech and actions of the characters. Havelock's careful reading of the Iliad and the Odyssey is original and revealing; it sheds light both on Homeric notions of justice and on the Archaic Greek society depicted in the poems. As Havelock continues his inquiry from Hesiod to Aeschylus, his findings become more complex. The oral Greek world shades into a literate one. Words lose some kinds of meanings, gain others, and steadily become more suitedto the conceptualization that Plato strove for and achieved. This evolution of language itself, Havelock shows, was one of the principal accomplishments of the Greek world. Lucidly written and forcefully argued, this book is a major contribution to our knowledge of ancient Greece--its politics, philosophy, and literature, from Homer to Plato.

The Law in Action in Democratic Athens is the first extensive study of the importance of the rule of law in Athenian democracy.