Violence, Justice, and Law in Classical Antiquity

Violence, Justice, and Law in Classical Antiquity
Author: Andrew Lintott
Publisher: BRILL
Total Pages: 817
Release: 2023-12-18
Genre: History
ISBN: 9004543031

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Violence, Justice, and Law in Classical Antiquity collects together forty-three of Andrew Lintott’s most significant papers. Lintott’s corpus of work exposes the fundamental reliance of ancient Romans (and Greeks) on violent measures, including their readiness to resort to violence in the manner of judicial “self-help” or political tyrannicide. The legitimation of violence in Roman culture and Roman political discourse informs the nature of Roman imperialism, and equally it is impossible to understand the illegitimate violence which characterised the political collapse of the Roman Republic without understanding its deep roots in the intellectually legitimised and legally sanctioned violence of Roman society.

Law, Violence, and Community in Classical Athens

Law, Violence, and Community in Classical Athens
Author: David Cohen
Publisher: Cambridge University Press
Total Pages: 230
Release: 1995-10-05
Genre: History
ISBN: 9780521388375

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Using comparative anthropological and historical perspectives, this analysis of the legal regulation of violence in Athenian society challenges traditional accounts of the development of the legal process. It examines theories of social conflict and the rule of law as well as actual litigation.

Law and Justice from Antiquity to Enlightenment

Law and Justice from Antiquity to Enlightenment
Author: Robert W. Shaffern
Publisher: Rowman & Littlefield Publishers
Total Pages: 248
Release: 2009-01-16
Genre: History
ISBN: 1461638712

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This concise intellectual history of the law offers an accessible introduction to the ideas and contexts of law from ancient Babylon to eighteenth-century Europe. Robert W. Shaffern examines a rich array of sources to illuminate ideas about law and justice in Western civilization. He identifies four main sources for traditional jurisprudence—the civilizations of the Fertile Crescent and classical Athens, the legal legacy of ancient Rome, the legal traditions of the Middle Ages, and developments in early modern Europe. By focusing on the recurring issues and historical contexts of the law, the author shows the extensive influence earlier sources had on the later development of Western law. For instance, the ancient code of Hammurabi pledged to obtain justice for the "widow and the orphan," a phrase that appeared again in later laws. Also, the tragedies of Aeschylus insisted that private individuals pursue vengeance, but government judiciaries upheld justice, an idea that the early modern European monarchies advanced when they promulgated new codes of criminal law. Additionally, Roman, medieval, and modern jurists all believed that natural law theory served as a rational criterion for legislators and judges. Throughout the span of centuries covered in the text, governments used law to regulate or monopolize the employment of violence. Designed to introduce undergraduates to the significant developments and ideas about the law and justice, this book will be invaluable for courses on the history of law and jurisprudence.

Ancient Law, Ancient Society

Ancient Law, Ancient Society
Author: Dennis P. Kehoe
Publisher: University of Michigan Press
Total Pages: 248
Release: 2017-08-15
Genre: History
ISBN: 0472123025

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The essays composing Ancient Law, Ancient Society examine the law in classical antiquity both as a product of the society in which it developed and as one of the most important forces shaping that society. Contributors to this volume consider the law via innovative methodological approaches and theoretical perspectives—in particular, those drawn from the new institutional economics and the intersection of law and economics. Essays cover topics such as using collective sanctions to enforce legal norms; the Greek elite’s marriage strategies for amassing financial resources essential for a public career; defenses against murder charges under Athenian criminal law, particularly in cases where the victim put his own life in peril; the interplay between Roman law and provincial institutions in regulating water rights; the Severan-age Greek author Aelian’s notions of justice and their influence on late-classical Roman jurisprudence; Roman jurists’ approach to the contract of mandate in balancing the changing needs of society against respect for upper-class concepts of duty and reciprocity; whether the Roman legal authorities developed the law exclusively to serve the Roman elite’s interests or to meet the needs of the Roman Empire’s broader population as well; and an analysis of the Senatus Consultum Claudianum in the Code of Justinian demonstrating how the late Roman government adapted classical law to address marriage between free women and men classified as coloni bound to their land. In addition to volume editors Dennis P. Kehoe and Thomas A. J. McGinn, contributors include Adriaan Lanni, Michael Leese, David Phillips, Cynthia Bannon, Lauren Caldwell, Charles Pazdernik, and Clifford Ando.

Law and Drama in Ancient Greece

Law and Drama in Ancient Greece
Author:
Publisher: A&C Black
Total Pages: 209
Release: 2013-10-16
Genre: History
ISBN: 147251985X

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The relationship between law and literature is rich and complex. In the past three and half decades, the topic has received much attention from literary critics and legal scholars studying modern literature. Despite the prominence of law and justice in Ancient Greek literature, there has been little interest among Classical scholars in the connections between law and drama. This is the first collection of essays to approach Greek tragedy and comedy from a legal perspective. The volume does not claim to provide an exhaustive treatment of law and literature in ancient Greece. Rather it provides a sample of different approaches to the topic. Some essays show how knowledge of Athenian law enhances our understanding of individual passages in Attic drama and the mimes of Herodas and enriches our appreciation of dramatic techniques. Other essays examine the information provided about legal procedure found in Aristophanes' comedies or the views about the role of law in society expressed in Attic drama. The collection reveals reveal how the study of law and legal procedure can enhance our understanding of ancient drama and bring new insights to the interpretation of individual plays.

Use and Abuse of Law in the Athenian Courts

Use and Abuse of Law in the Athenian Courts
Author: Chris Carey
Publisher: BRILL
Total Pages: 401
Release: 2018-10-02
Genre: History
ISBN: 9004377891

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This volume brings together leading scholars and rising researchers in the field of Greek law to examine the role played by the law in thinking and practice in the legal system of classical Athens from a variety of perspectives.

Law and Crime in the Roman World

Law and Crime in the Roman World
Author: Jill Harries
Publisher: Cambridge University Press
Total Pages: 158
Release: 2007-11-15
Genre: History
ISBN: 9780521828208

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What was crime in ancient Rome? Was it defined by law or social attitudes? How did damage to the individual differ from offences against the community as a whole? This 2007 book explores competing legal and extra-legal discourses in a number of areas, including theft, official malpractice, treason, sexual misconduct, crimes of violence, homicide, magic and perceptions of deviance. It argues that court practice was responsive to social change, despite the ingrained conservatism of the legal tradition, and that judges and litigants were in part responsible for the harsher operation of justice in Late Antiquity. Consideration is also given to how attitudes to crime were shaped not only by legal experts but also by the rhetorical education and practices of advocates, and by popular and even elite indifference to the finer points of law.

Law and Order in Ancient Athens

Law and Order in Ancient Athens
Author: Adriaan Lanni
Publisher: Cambridge University Press
Total Pages: 239
Release: 2016-08-11
Genre: History
ISBN: 1316715116

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The classical Athenian 'state' had almost no formal coercive apparatus to ensure order or compliance with law: there was no professional police force or public prosecutor, and nearly every step in the legal process depended on private initiative. And yet Athens was a remarkably peaceful and well-ordered society by both ancient and contemporary standards. Why? Law and Order in Ancient Athens draws on contemporary legal scholarship to explore how order was maintained in Athens. Lanni argues that law and formal legal institutions played a greater role in maintaining order than is generally acknowledged. The legal system did encourage compliance with law, but not through the familiar deterrence mechanism of imposing sanctions for violating statutes. Lanni shows how formal institutions facilitated the operation of informal social control in a society that was too large and diverse to be characterized as a 'face-to-face community' or 'close-knit group'.

Democracy, Justice, and Equality in Ancient Greece

Democracy, Justice, and Equality in Ancient Greece
Author: Georgios Anagnostopoulos
Publisher: Springer
Total Pages: 316
Release: 2018-11-16
Genre: Philosophy
ISBN: 3319963139

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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.