The most noteworthy result of Pericles’ public-works campaign was the magnificent Parthenon, a temple in honor of the city’s patron goddess Athena. This is a brief overview of four types of governments that swept through ancient Greece. This set a mod… Maritime Vocabulary VI, Join or read notes from the study groups The courtrooms that Solon reformed now bristled with litigation.  However, by the fifth century BCE., Athens had written statues and a formal court system. 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. “The Future of Classical Oratory.” in Ancient Greek Law in the 21st Century, ed. “Platonic Love” and pedophilia in Ancient Greece. 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.  Wolpert and Kapparis, 2011. xix—xx. 233, followed in 2003.  Popular courts met at various locations, primarily near the Agora. Murders were settled by members … and trans. Photo William Neuheisel. 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. 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. There were no professional judges, prosecutors, or advocates, but the rule of law was largely observed.  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. Lanni , A. They would generally follow the tit-for-tat policy. However, sexuality was framed very differently in ancient Greece than it is in the modern Western World.  Hornblower and Spawforth. 2003. Some of the most famous of these logographai were Antiphon, Lysias, and Demosthenes. These laws were so harsh that his name gave rise to our English word "Daconian" meaning an unreasonably harsh law. This overview will therefore focus on Athenian law in the fifth and fourth centuries, BCE. Normally it is regarded as coming to an end when Greece fell to the Romans, in 146 BC. 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. The maritime courts’ cases often involved non-Athenian traders or metics (non-citizens living in Athens). Private disputes first went to arbitration. 396.  Panezi, M. 2017. Cambridge, U.K. Cambridge University Press. Meeting January 26, 11 a.m. EST. In the case of a tie, the accused was found not guilty. Experiencing Latin: Plautus Amphitruo 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. , As in modern proceedings, the plaintiff spoke first, followed by the defendant, and the parties were timed by a water clock [klepsydra]. Michael Gagarin is Professor Emeritus of Classics at the University of Texas in Austin. The surviving speeches of such men constitute a major source for our knowledge of Athenian law. 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. For homicides involving animals, inanimate objects, or unknown persons, the case was brought in the Prytaneion. Odyssey translation/discussion Ancient Greek law consists of the laws and legal institutions of Ancient Greece. Around 620 BC, Draco wrote the first law for Greece. Photo Fingalo. Women in ancient Greece were not permitted to take part in public life. Around 620 BC a law giver with dictatorial powers, named Draco, the lawgiver, wrote the first known written law of Ancient Greece. What policing existed was done by non-Athenians, such as the Scythian archers, who hailed from what is now Southern Russia, and they primarily kept order at public ceremonies.. There were no professional judges, prosecutors, or advocates, but the rule of law was largely observed. Wikimedia Commons. The same can not be said about homosexual relationships in ancient Greece.  Thur, G. 2005. https://www.ducksters.com/history/ancient_rome/roman_law.php __________________________________________________________. Lanni surveys what is known about the law of war in ancient Greece, addressing the law's sources, content, and enforcement mechanisms. oi periesthkotes and the Athenian Lawcourts.” 117 The Journal of Hellenic Studies, 183-189. Pericles’ democracy established the need for training in public speaking. For purposes of simplicity, the term “jurors” is used here.  Chroust, 343. Resources for ancient Greek law are plentiful with primary sources able to provide in depth information . Oxford, U.K. 221. 156-157. , The most well-known homicide court is the Areopagus, the Hill of Ares, near the Acropolis. 396. 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. 27. Modern attorneys might experience particular difficulty confining themselves to a one-day trial. This chapter gives an overview of law in ancient Greece. Around 620 BC Draco, the, lawgiver, wrote the first known law of Ancient Greece. Other homicide courts included the Palladion, the Dephinion, and the Prythaneion. 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. In such cases, the defendant stood on a boat offshore at a place called Phreatto, while the jury listened from the beach. The social classes applied to men only, as women all took their social and legal status from their husband or their male partner. Cambridge, U.K.  Hornblower, S. and A. Spawforth, eds. 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 … However, major Greek (or “Hellenistic”, as modern scholars call them) kingdoms lasted longer than this. 1998. Hecate, goddess of the triple crossroads The civilization of Ancient Greece emerged into the light of world history in the 8th century BC. 221. Juries in private cases could number between two and four hundred, while public cases could have between five hundred to one thousand jurors. Indianapolis. In Hellenistic Greece, law in cities remained relatively unchanged but in newly settled areas like Egypt, law developed very differently. M. Gagarin and D. Cohen, 35.  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. , The magistrate conducting the trial had no role other than to preside. Laws of Ancient Greece. 394. Around 620 BC Draco, the lawgiver, set down the first known written law of Ancient Greece.  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. 1998. , These cases were heard in three types of courts. , Athenian Courts heard two types of cases—private [dikai] or public [graphai]. For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us. The archons may have heard testimony from parties and witnesses, may have questioned them, and perhaps the parties were allowed to question each other.  Hornblower and Spawforth. They had to have over 6,000 members present before they held any meetings.  Many statements were allowed in the popular courts which today would meet evidentiary challenges such as hearsay and relevance. Six thousand such citizens were selected by lot each year.  However, the later addition of an extra juror to create an odd number prevented this. R. Civ. 1998. Austin, TX. The Oxford Handbook of European Legal History. Further, there were no prosecutors, no professional lawyers, and no crime-investigating police. Plato: Apology, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), The Center for Hellenic Studies in Greece, http://www.stoa.org/projects/demos/article_intro_legal_system?page=3&greekEncoding=UnicodeC, http://www.nyulawglobal.org/globalex/Greece1.html, http://www.stoa.org/projects/demos/article_law_glossary, Klepsydra – Water Clock: Reconstruction of a clay original of the late 5th century BCE, Ancient Agora Museum in Athens, « The Classic Ship | Part 2: The Battle of Artemision, CHS Online Open House | Chalcidian regionality between Sithonia and Pallene, with Maria G. Xanthou », Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported (CC BY-NC-ND 3.0) license. If you have purchased a print title that contains an access token, please see the token for information about how to register your code. “Spectator Sport or Serious Politics? 18. 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. Keywords: law, ancient Greece, Gortyn, Sparta, Athenian law, democratic law, Hellenistic law. 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. Athenian Courts heard two types of cases—private [dikai] or public [graphai]. 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. 2004. 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. “The Legal Profession in Ancient Athens.” 29 Notre Dame Law Review 339: 342. The Oxford Companion to Classical Civilization. 2011. Athens had a highly democratic legal system. Wikimedia Commons.  Gagarin, M. 2005. Further, there were no prosecutors, no professional lawyers, and no crime-investigating police. The events before the actual trial resemble what many litigants experience today. In contrast, this law established exile as the penalty for homicide and was the only one of Draco's laws that Solon … Law, Crime and Punishment in Ancient Greece by chiara smith After the Dark Ages – About 1200-900 BC – and beginning at about 900 BC, the Ancient Greeks had no official law or punishments. 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. Starts January 7. It has been estimated each court day required between fifteen hundred to two thousand jurors. There were no jury deliberations as in modern courts. In Hellenistic Greece, law in cities remained relatively unchanged but in newly settled areas like Egypt, law developed very differently. 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. Arbitrators were citizens over the age of sixty, also chosen by lot, and their proposed verdicts were not binding; if the parties did not accept the arbitrator’s decision, they could seek to have the matter brought to trial. 2. , Jurors’ ballots were two discs with rods through the centers—a solid rod for the defendant, and a hollow rod for the plaintiff.  Hornblower and Spawforth. PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com).  Lanni, A. It’s sometimes ... Same-sex sexual relations are legal in Greece and civil unions between same-sex couples have been legal since … Cambridge, U.K.  Hornblower and Spawforth. There were no attorneys or prosecutors. It was not until the middle of the seventh century BC that the Greeks first began to establish official laws. Kelly Lambert is a member of the Kosmos Society. On each trial day, juries were selected by lot, and the courts where they were assigned were also selected by lot. 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. Pericles’ juries numbered between 500 and 2,000 people, so speaking at a public trial was similar to speaking at a public meeting. When we investigate how the law and the courts of Classical Greece worked, the law of ancient Athens provides most of our source material. Solicitor, Attorney and Lawyer (and Notary Public!). However, no cross-examination was allowed. Subscribe to this website to receive notification about new blog post articles and notices (powered by WordPress). Then the votes were counted and the verdict announced. WOMEN, MONEY AND THE LAW IN ANCIENT ATHENS. The Murder of Herodes and Other Trials from the Athenian Law Courts. 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. Join these Forum discussions! Oxford, U.K. 221. 396. Each state in ancient Greece had its own laws, government, and money. As in modern times, a case was initiated by a plaintiff bringing a complaint. From Wikimedia Commons.  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. xiii. Article 323 of the Law punishes trafficking of human bei… 1998. “Commentary: Greek Legal History—Its Functions and Potentialities.” 1975 Washington University Law Quarterly 395:397.  Wolpert, A. and Kapparis, K., eds. “Verdict Most Just: The Modes of Classical Athenian Justice.” 16 Yale Journal of Law and Humanities 277, 281. 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.  Thur, G. 2018. See also Wolff. 1954.  Lanni, A. There were no attorneys or prosecutors.  Hornblower and Spawforth. She argues that although there was a relatively effective law of war in ancient Greece, it did not encompass humanitarian ideals.  Freeman, K. 1963. The main creaters of the laws in Ancient Greek laws was the assembly. Creative Commons CC-BY-2.0, Figure 2: Blick auf den Areopag in Athen. , 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. “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. (2008) “ The Laws of War in Ancient Greece ” Law and History Review 26: 469–489. Instead, the laws of war focused on protecting sacred objects and observances. Public transport. All Rights Reserved. H. 1975. , Often, litigants hired speech writers (logographai), who provided speeches for the parties to deliver. 1998. Solon kept many new laws that fit into the four basic categories of Ancient Greek law. In recent years, we have witnessed an undeniable advancement of the LGBT rights through several legal cases and political campaigns.  Wolpert and Kapparis, 2011. xiii-xx. 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. What makes an epic poem? ( 2009 ) “Social Norms in the Ancient Athenian Courts” Journal of Legal Analysis 1.2: 691–736. 1963. Greek law had little influence on later law. The goal of the maritime courts was to provide predictable outcomes to facilitate commerce. 396. Murphy and Katula stated that the At… P. Perlman 197.  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. See Fed. 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. Orpheus tradition Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. 1998. Lanni, A. New York. Book Club in the forum: 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.  Hornblower, S. and A. Spawforth, eds. “Relevance in Athenian Courts.” in The Cambridge Companion to Ancient Greek Law.  Chroust, A. © Oxford University Press, 2018. When no individual victim existed (e.g. Photo Sharon Mollerus.  Lanni, A. Legal Speeches of Democratic Athens.  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. Hippocrates While in rome they were fighting for freedom after they won that battle they made a government called the ROMAN REPUBLIC. 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