Instead, the laws of war focused on protecting sacred objects and observances. Women in ancient Greece were not permitted to take part in public life. The maritime courts, like the homicide courts, employed a rule prohibiting statements outside the issue of the case.[13]. __________________________________________________________. “The Future of Classical Oratory.” in Ancient Greek Law in the 21st Century, ed. Wikimedia Commons. What makes an epic poem? Athens had a highly democratic legal system. R. Civ. WOMEN, MONEY AND THE LAW IN ANCIENT ATHENS. 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. These laws were so harsh that his name gave rise to our English word "Daconian" meaning an unreasonably harsh law. 112-128. Normally it is regarded as coming to an end when Greece fell to the Romans, in 146 BC. [34] Lanni, A. When no individual victim existed (e.g. Experiencing Latin: Plautus Amphitruo When witness testimony or statutes were read to the jurors, the water clock was stopped, to be restarted when the speaker continued his speech. 1998. 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 … [9], Interestingly, homicide cases were brought as dikai, not graphai. Subscribe to this website to receive notification about new blog post articles and notices (powered by WordPress). Private disputes first went to arbitration. PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). Book Club in the forum: In response to the complaint, a defendant could deny the allegations, deny and raise a paragraphē, or deny there was a cause of action. [6] Lanni, A. Around 620 BC Draco, the, lawgiver, wrote the first known law of Ancient Greece. 233, followed in 2003. The social classes applied to men only, as women all took their social and legal status from their husband or their male partner. [32] Hornblower and Spawforth. P. Rule 12(b)(6), allowing the defense of failure to state a claim to be brought by motion, and Rule 13, addressing counterclaims. There were no jury deliberations as in modern courts. [20], As in modern proceedings, the plaintiff spoke first, followed by the defendant, and the parties were timed by a water clock [klepsydra]. Each state in ancient Greece had its own laws, government, and money. She argues that although there was a relatively effective law of war in ancient Greece, it did not encompass humanitarian ideals. Oxford, U.K. 221. [17], Citizens above the age of thirty without a criminal record were eligible to serve as dikastai. There were no professional judges, prosecutors, or advocates, but the rule of law was largely observed. Resources for ancient Greek law are plentiful with primary sources able to provide in depth information . “An Introduction to the Athenian Legal System.” 3. http://www.stoa.org/projects/demos/article_intro_legal_system?page=3&greekEncoding=UnicodeC. [3], Athenian Courts heard two types of cases—private [dikai] or public [graphai]. It was being taken to such proceedings by his tutor that inspired the young Demosthenes to become a logographos.[34]. Creative Commons CC-BY-2.0. © Oxford University Press, 2018. The architects Iktinos and Kallikrates and the sculptor Phidias began work on the temple in the middle of the 5th century B.C. https://www.ducksters.com/history/ancient_rome/roman_law.php A losing party could try to bring an action against the winner on other grounds, but that was his only recourse. Lanni surveys what is known about the law of war in ancient Greece, addressing the law's sources, content, and enforcement mechanisms. Ancient Greece laws and rules didn't start until after the dark ages then during 620 B.C.E the first official law was given by Draco. [17] Thur, G. 2005. ____ When we investigate how the law and the courts of Classical Greece worked, the law of ancient Athens provides most of our source material. [11], The most well-known homicide court is the Areopagus, the Hill of Ares, near the Acropolis. The courtrooms that Solon reformed now bristled with litigation. Keywords: law, ancient Greece, Gortyn, Sparta, Athenian law, democratic law, Hellenistic law. [5] Panezi, M. 2017. Herodotus Book 2 2003. If you have purchased a print title that contains an access token, please see the token for information about how to register your code. 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.) Cambridge, U.K. [18] Hornblower, S. and A. Spawforth, eds. In Hellenistic Greece, law in cities remained relatively unchanged but in newly settled areas like Egypt, law developed very differently. Oxford, U.K. 221. 2. Join these Forum discussions! New York. 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. Indianapolis. He did not make evidentiary rulings, permit objections, or offer instruction to the jury. Scholars disagree as to whether the dikastai should be called jurors or judges, since their function was essentially both roles. [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. [6] Popular courts met at various locations, primarily near the Agora. Please subscribe or login to access full text content. 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. [24], Often, litigants hired speech writers (logographai), who provided speeches for the parties to deliver. [10] Wolpert, A. and Kapparis, K., eds. [19] Hornblower and Spawforth. From Wikimedia Commons. 1963. On each trial day, juries were selected by lot, and the courts where they were assigned were also selected by lot. Further, there were no prosecutors, no professional lawyers, and no crime-investigating police. [18] Jurors received a small fee, three obols, for each day spent hearing cases. [21], Figure 3: Klepsydra, reconstruction of a clay original from Athenian Agora, Each party was expected to argue his own case before the court. The most noteworthy result of Pericles’ public-works campaign was the magnificent Parthenon, a temple in honor of the city’s patron goddess Athena. 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. [24] Hornblower and Spawforth. 1998. 396.; Freeman. “Platonic Love” and pedophilia in Ancient Greece. 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? Legal Speeches of Democratic Athens. You could not be signed in, please check and try again. 16. 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. This chapter gives an overview of law in ancient Greece. Odyssey translation/discussion 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. Pericles’ democracy established the need for training in public speaking. public embezzlement), anyone could prosecute. As in modern times, a case was initiated by a plaintiff bringing a complaint. [4] Bers, Victor, and Adriaan Lanni. The main creaters of the laws in Ancient Greek laws was the assembly. [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. It’s sometimes ... Same-sex sexual relations are legal in Greece and civil unions between same-sex couples have been legal since … Article 323 of the Law punishes trafficking of human bei… Attic Greek ('Sophoi') Public transport. 396. The archons may have heard testimony from parties and witnesses, may have questioned them, and perhaps the parties were allowed to question each other. In the case of a tie, the accused was found not guilty. “Verdict Most Just: The Modes of Classical Athenian Justice.” 16 Yale Journal of Law and Humanities 277, 281. [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. 1963. M. Gagarin and D. Cohen, 35. Further, there were no prosecutors, no professional lawyers, and no crime-investigating police. [19] Jurors were not assigned days to work, but simply appeared when they were willing to serve. public embezzlement), anyone could prosecute. 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. Starts January 7. The Oxford Companion to Classical Civilization. Six thousand such citizens were selected by lot each year. 394. Cambridge, U.K. [29] Hornblower and Spawforth. There were no attorneys or prosecutors. For homicides involving animals, inanimate objects, or unknown persons, the case was brought in the Prytaneion. [21] Wolpert and Kapparis, 2011. xix—xx. 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. 156-157. [7] Freeman, K. 1963. 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. [26] Many statements were allowed in the popular courts which today would meet evidentiary challenges such as hearsay and relevance. Orpheus tradition 1998. [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. Hippocrates 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. 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. They had to have over 6,000 members present before they held any meetings. However, sexuality was framed very differently in ancient Greece than it is in the modern Western World. 2004. 396. 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. 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 surviving speeches of such men constitute a major source for our knowledge of Athenian law. “Relevance in Athenian Courts.” in The Cambridge Companion to Ancient Greek Law. The Parthenon was built atop the Acropolis, a natural pedestal made of rock that was the site of the earliest settlements in Athens, and Pericles invited other people … 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. [5], These cases were heard in three types of courts. Pericles’ juries numbered between 500 and 2,000 people, so speaking at a public trial was similar to speaking at a public meeting. The disputes had to be over written contracts, as opposed to disputes over oral agreements. Law, Crime and Punishment in Ancient Greece by chiara smith For purposes of simplicity, the term “jurors” is used here. 2005. Michael Gagarin is Professor Emeritus of Classics at the University of Texas in Austin. [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. Early Roman Law And The West: A Reversal Of Grounds, Classical and Post-Classical Roman Law: The Legal Actors and the Sources. Where a defendant felt he was justified in committing a homicide (as when he discovered his wife in flagrante delicto with another man) he would be tried in the Delphinion. [2] However, by the fifth century BCE., Athens had written statues and a formal court system. 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.[4]. “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. [3] Hornblower, S. and A. Spawforth, eds. Modern attorneys might experience particular difficulty confining themselves to a one-day trial. 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. HeroesX v15Enrollment open 221. See also Wolff. Juries in private cases could number between two and four hundred, while public cases could have between five hundred to one thousand jurors. Freeman. 2011. In a private case, litigants were charged court fees, and could settle the case without penalty. 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. It has been estimated each court day required between fifteen hundred to two thousand jurors. Hecate, goddess of the triple crossroads In contrast, this law established exile as the penalty for homicide and was the only one of Draco's laws that Solon … Kelly Lambert is a member of the Kosmos Society. A Closer Look at Homosexuality in Ancient Greece . Greek law, legal systems of the ancient Greeks, of which the best known is the law of Athens. Creative Commons CC BY-SA 2.5, Figure 4: Athenian Secret Ballot. Greek law had little influence on later law. 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. “Spectator Sport or Serious Politics? Other homicide courts included the Palladion, the Dephinion, and the Prythaneion. PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). The Greek laws consisted of tort laws, family laws, public laws and many others. Iliad  translation This is a brief overview of four types of governments that swept through ancient Greece. (2008) “ The Laws of War in Ancient Greece ” Law and History Review 26: 469–489. Around 620 BC a law giver with dictatorial powers, named Draco, the lawgiver, wrote the first known written law of Ancient Greece. 396. [31], Figure 3:  Ancient Athenian Jurors’ Ballots, Some laws provided a set penalty for a conviction, but, if not, the parties could propose penalties and a second vote would be taken to determine which would be imposed. The civilization of Ancient Greece emerged into the light of world history in the 8th century BC. 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. [32] There was no appeal from the verdict of the jurors. Wikimedia Commons. Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. What policing existed was done by non-Athenians, such a… When no individual victim existed (e.g. 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 … Lanni , A. 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. Ancient Greek law consists of the laws and legal institutions of Ancient Greece. Solon kept many new laws that fit into the four basic categories of Ancient Greek law. [23] Hornblower and Spawforth. 221. [29] However, the later addition of an extra juror to create an odd number prevented this. In such cases, the defendant stood on a boat offshore at a place called Phreatto, while the jury listened from the beach. [33] Hornblower and Spawforth. Man's best friend 1998. All Rights Reserved. Foreign slaves were often employed as police men and women in Ancient Greece. H. 1975. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription. “The Legal Profession in Ancient Athens.” 29 Notre Dame Law Review 339: 342. [27], The magistrate conducting the trial had no role other than to preside. [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. “The Unity of Greek Law” in The Cambridge Companion to Ancient Greek Law, ed. 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. The plaintiff was responsible for serving the complaint on the defendant in the presence of witnesses. In recent years, we have witnessed an undeniable advancement of the LGBT rights through several legal cases and political campaigns. 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. [15] Chroust, 343. [20] Wolpert and Kapparis, 2011. xiii-xx. [8] The homicide courts did not rely on jurors, but on panels of fifty-one elders who served life terms. Around 620 BC, Draco wrote the first law for Greece. 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. Murders were settled by members … Around 620 BC Draco, the lawgiver, set down the first known written law of Ancient Greece. While in rome they were fighting for freedom after they won that battle they made a government called the ROMAN REPUBLIC. Figure 1: Agora. So how could one defend against if one was in exile and could not come back into Athens? “Commentary: Greek Legal History—Its Functions and Potentialities.” 1975 Washington University Law Quarterly 395:397. This law established exile as the penalty for homicide and was the only of the of Draco's laws that Solon kept when he was appointed law giver in bout 594 BC. 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. ( 2009 ) “Social Norms in the Ancient Athenian Courts” Journal of Legal Analysis 1.2: 691–736. There were no professional judges, prosecutors, or advocates, but the rule of law was largely observed. [30], Jurors’ ballots were two discs with rods through the centers—a solid rod for the defendant, and a hollow rod for the plaintiff. The Oxford Companion to Classical Civilization. [14] The complaint was then brought before a magistrate, who was a citizen chosen by lot, who then held a preliminary hearing [anakrisis]. Photo William Neuheisel. 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. Austin, TX. His research focuses on ancient Greek law and rhetoric, and comparative ancient law. 1998. The events before the actual trial resemble what many litigants experience today. 1998. “The Role of the Witness in Athenian Law.” in The Cambridge Companion to Ancient Greek Law. The maritime courts’ cases often involved non-Athenian traders or metics (non-citizens living in Athens). The Oxford Handbook of European Legal History. However, major Greek (or “Hellenistic”, as modern scholars call them) kingdoms lasted longer than this. [27] Lanni, A. 18. 1998. 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. In summary, if we were to bring legal proceedings in ancient Athens, we would find many of the procedures and customs foreign and confusing. Photo Marsyas. The goal of the maritime courts was to provide predictable outcomes to facilitate commerce. Solicitor, Attorney and Lawyer (and Notary Public!). Cambridge, U.K. Cambridge University Press. xiii. 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. Photo Fingalo. For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us. Murphy and Katula stated that the At… 1998. However, no cross-examination was allowed. The same can not be said about homosexual relationships in ancient Greece. Then the votes were counted and the verdict announced. 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. , Gortyn, Sparta, Athenian law as dikai, not graphai for Ancient Greek law logographai were,. “ Hellenistic ”, as modern scholars call them ) kingdoms lasted longer than this able to provide predictable to... Lawyer ( and Notary public! ) an odd number prevented this and Notary public! ) a trial. Athenian Secret Ballot to facilitate commerce number prevented this these cases were brought dikai! No individual victim existed ( e.g ” and pedophilia in Ancient Athens rights through several cases! Handbooks Online requires a subscription or purchase Hellenic Studies, 183-189 a source... 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