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The democratic legal system created by the Athenians was completely controlled by ordinary citizens, with no judges, lawyers, or jurists involved. It placed great importance on the litigants' rhetorical performances. Did this make it nothing more than a rhetorical contest judged by largely uneducated citizens that had nothing to do with law, a criticism that some, including Plato, have made?
Michael Gagarin argues to the contrary, contending that the Athenians both controlled litigants' performances and incorporated many other unusual features into their legal system, including rules for interrogating slaves and swearing an oath. The Athenians, Gagarin shows, adhered to the law as they understood it, which was a set of principles more flexible than our current understanding allows. The Athenians also insisted that their legal system serve the ends of justice and benefit the city and its people. In this way, the law ultimately satisfied most Athenians and probably produced just results as often as modern legal systems do. Comprehensive and wide-ranging, Democratic Law in Classical Athens offers a new perspective for viewing a legal system that was democratic in a way only the Athenians could achieve.
Industry Reviews
[Democratic Law in Classical Athens] does a very good and interesting job of exploring the Athenian judicial system in its wider civic context. * Sehepunkte *
[Democratic Law in Classical Athens] is a discerning overview of the workings of the Athenian judicial system with a crucial emphasis on the context of ancient democracy and culture. The writing is lucid, thorough, meticulously footnoted, well illustrated with copious ancient examples and informative for scholars of all levels...We must always remember that the ancients were regular people with a culture, world view and practice of self-government far different from our own. In constructing this rich and dynamic social setting Gagarin shines. * Classical Review *
"Gagarin's argument is characteristically nuanced and persuasive, grounded in the sources and in a deep understanding of the operation of law both in Classical Athens and more widely in Archaic and Classical Greece. The book's thoughtful discussion will make it a valuable addition to the collections of scholars and students of Athenian law and democracy, and it is likely to serve as a clear and accessible introduction to the subject for many." * Journal of Hellenic Studies *
Apart from being well-written and easily comprehended, Gagarin's latest work is worth reading above all for his courage in tackling the much-debated issue of the effectiveness of the Athenian legal system. The author's intelligent employment of comparisons between legal practices in Athens and in modern states, which helps him demonstrate the high degree of efficiency of the Athenian legal system, brings studies on Athenian law closer to comparative legal studies and, thus, to a readership not limited only to classicists...readers who are open to discovering a new perspective on Athenian law will be made to feel at ease by the clarity of his thought. * Bryn Mawr Classical Review *
[Democratic Law in Classical Athens] provides an excellent overview of the relationship between law and democracy in Athens and serves as a testament to the great care and judgment with which Gagarin has studied the subject over many years. * Mouseion: Journal of the Classical Association of Canada *
ISBN: 9781477320372
ISBN-10: 1477320377
Series: Fordyce W. Mitchel Memorial Lecture Series
Published: 17th January 2020
Format: Hardcover
Language: English
Number of Pages: 208
Audience: Professional and Scholarly
Publisher: University of Texas Press
Country of Publication: US
Dimensions (cm): 22.9 x 15.2 x 2.3
Weight (kg): 0.45
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This product is categorised by
- Non-FictionLawJurisprudence & General IssuesSystems of Law
- Non-FictionLawJurisprudence & General IssuesLegal History
- Non-FictionHistoryRegional & National HistoryEuropean History
- Non-FictionLawJurisprudence & General IssuesLegal Skills & Practice
- Non-FictionPolitics & GovernmentPolitical Structure & ProcessesConstitution & The Government & The State