Law Violence And Community In Classical Athens

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.

Violence and community were intimately linked in the ancient world. While various aspects of violence have been long studied on their own (warfare, revolution, murder, theft, piracy), there has been little effort so far to study violence as a unified field and explore its role in community formation. This volume aims to construct such an agenda by exploring the historiography of the study of violence in antiquity, and highlighting a number of important paradoxes of ancient violence. It explores the forceful nexus between wealth, power and the passions by focusing on three major aspects that link violence and community: the attempts of communities to regulate and canalise violence through law, the constitutive role of violence in communal identities, and the ways in which communities dealt with violence in regards to private and public space, landscapes and territories. The contributions to this volume range widely in both time and space: temporally, they cover the full span from the archaic to the Roman imperial period, while spatially they extend from Athens and Sparta through Crete, Arcadia and Macedonia to Egypt and Israel.

Law and Society in Classical Athens, first published in 1987, traces the development of legal thought and its relation to Athenian values. Previously Athens’ courts have been regarded as chaotic, isolated from the rest of society and even bizarre. The importance of rhetoric and the mischief made by Aristophanes have devalued the legal process in the eyes of modern scholars, whilst the analysis of legal codes and practice has seemed dauntingly complex. Professor Garner aims to situate the Athenian legal system within the general context of abstract thought on justice and of the democratic politics of the fifth century. His work is a valuable source of information on all aspects of Athenian law and its relation to culture.

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.

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

The aim of this book is to situate the Athenian legal system within the general context of Greek thought on justice and of the political system of the democracy. Social factors such as the position of women are also relevant to the study of the law. In addition, the author has taken cognisance of the archæological evidence for the practice of the Athenian law courts; and the evidence for forensic practice both in speeches and in the drama is carefully discussed. -- Book jacket.

In this 2006 book, Adriaan Lanni draws on contemporary legal thinking to present a model of the legal system of classical Athens. She analyses the Athenians' preference in most cases for ad hoc, discretionary decision-making, as opposed to what moderns would call the rule of law. Lanni argues that the Athenians consciously employed different approaches to legal decision-making in different types of courts. The varied approaches to legal process stems from a deep tension in Athenian practice and thinking, between the demand for flexibility of legal interpretation consistent with the exercise of democratic power by ordinary Athenian jurors; and the demand for consistency and predictability in legal interpretation expected by litigants and necessary to permit citizens to conform their conduct to the law. Lanni presents classical Athens as a case study of a successful legal system that, by modern standards, had an extraordinarily individualised and discretionary approach to justice.

Provides a model for societal behaviour and morality in ancient Athens.