Some of the most famous of these logographai were Antiphon, Lysias, and Demosthenes. Laws of Ancient Greece. Other homicide courts included the Palladion, the Dephinion, and the Prythaneion. [3], Athenian Courts heard two types of cases—private [dikai] or public [graphai]. [1] Before that time, disputes were adjudicated by officials called archons. On each trial day, juries were selected by lot, and the courts where they were assigned were also selected by lot. See also Wolff. 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. 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. Iliad  translation2 There were no professional judges, prosecutors, or advocates, but the rule of law was largely observed. This set a mod… [34] Lanni, A. Cambridge, U.K. Cambridge University Press. [12], Figure 2: A View of the Areopagus from the Acropolis in Athens, Third were the maritime courts, which may have been popular courts employing the same juries, but with a different set of procedures and rules. https://www.ducksters.com/history/ancient_rome/roman_law.php Athenian Courts heard two types of cases—private [dikai] or public [graphai]. [17] Thur, G. 2005. Meeting January 26, 11 a.m. EST. In Hellenistic Greece, law in cities remained relatively unchanged but in newly settled areas like Egypt, law developed very differently. In response to the complaint, a defendant could deny the allegations, deny and raise a paragraphē, or deny there was a cause of action. Around 620 BC Draco, the, lawgiver, wrote the first known law of Ancient Greece. For purposes of simplicity, the term “jurors” is used here. New York. 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. 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.) [11], The most well-known homicide court is the Areopagus, the Hill of Ares, near the Acropolis. 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. [8] The homicide courts did not rely on jurors, but on panels of fifty-one elders who served life terms. 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. [20] Wolpert and Kapparis, 2011. xiii-xx. Further, there were no prosecutors, no professional lawyers, and no crime-investigating police. [6] Lanni, A. [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. Lanni, A. 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 … [33], 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. From Wikimedia Commons. Hippocrates There were no professional judges, prosecutors, or advocates, but the rule of law was largely observed. When no individual victim existed (e.g. Indianapolis. Private disputes first went to arbitration. The civilization of Ancient Greece emerged into the light of world history in the 8th century BC. So how could one defend against if one was in exile and could not come back into Athens? These laws were so harsh that his name gave rise to our English word "Daconian" meaning an unreasonably harsh law. When witness testimony or statutes were read to the jurors, the water clock was stopped, to be restarted when the speaker continued his speech. It was not until the middle of the seventh century BC that the Greeks first began to establish official laws. 2. 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. PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). What makes an epic poem? [15] Chroust, 343. Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 221. 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. 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. The most noteworthy result of Pericles’ public-works campaign was the magnificent Parthenon, a temple in honor of the city’s patron goddess Athena. 1963. and trans. [5], These cases were heard in three types of courts. 18. [26] Many statements were allowed in the popular courts which today would meet evidentiary challenges such as hearsay and relevance. Pericles’ juries numbered between 500 and 2,000 people, so speaking at a public trial was similar to speaking at a public meeting. Kelly Lambert is a member of the Kosmos Society. However, major Greek (or “Hellenistic”, as modern scholars call them) kingdoms lasted longer than this. oi periesthkotes and the Athenian Lawcourts.” 117 The Journal of Hellenic Studies, 183-189. 2004. [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. When we investigate how the law and the courts of Classical Greece worked, the law of ancient Athens provides most of our source material. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription. [5] Panezi, M. 2017. 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. However, no cross-examination was allowed. In Hellenistic Greece, law in cities remained relatively unchanged but in newly settled areas like Egypt, law developed very differently. “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. “The Future of Classical Oratory.” in Ancient Greek Law in the 21st Century, ed. Orpheus tradition 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. Lanni surveys what is known about the law of war in ancient Greece, addressing the law's sources, content, and enforcement mechanisms. 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. The Oxford Companion to Classical Civilization. [17], Citizens above the age of thirty without a criminal record were eligible to serve as dikastai. [19] Hornblower and Spawforth. 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]. M. Gagarin and D. Cohen, 35. In contrast, this law established exile as the penalty for homicide and was the only one of Draco's laws that Solon … The surviving speeches of such men constitute a major source for our knowledge of Athenian law. 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 first category of courts, hearing the vast majority of cases, were the popular courts [dikasterai], which addressed complaints not involving a killing or wounding. [33] Hornblower and Spawforth. [14] The complaint was then brought before a magistrate, who was a citizen chosen by lot, who then held a preliminary hearing [anakrisis]. 1954. Athens had a highly democratic legal system. Photo Sharon Mollerus. However, the basic principles of the presentation of pleadings and evidence, the right to have one’s side of the story heard, and decisions made by one’s fellow citizens, would function two thousand five hundred years ago just as they do today. PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). “Relevance in Athenian Courts.” in The Cambridge Companion to Ancient Greek Law. [2] However, by the fifth century BCE., Athens had written statues and a formal court system. Women in ancient Greece were not permitted to take part in public life. A losing party could try to bring an action against the winner on other grounds, but that was his only recourse. The architects Iktinos and Kallikrates and the sculptor Phidias began work on the temple in the middle of the 5th century B.C. Normally it is regarded as coming to an end when Greece fell to the Romans, in 146 BC. ( 2009 ) “Social Norms in the Ancient Athenian Courts” Journal of Legal Analysis 1.2: 691–736. 156-157. 2011. 1998. [21], Figure 3: Klepsydra, reconstruction of a clay original from Athenian Agora, Each party was expected to argue his own case before the court. 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. 1998. Oxford, U.K. 221. Odyssey translation/discussion 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. 396. A Closer Look at Homosexuality in Ancient Greece . 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. What policing existed was done by non-Athenians, such a… “Platonic Love” and pedophilia in Ancient Greece. Photo Fingalo. Creative Commons CC-BY-2.0. Freeman. 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. [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. [21] Wolpert and Kapparis, 2011. xix—xx. 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. Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. “Commentary: Greek Legal History—Its Functions and Potentialities.” 1975 Washington University Law Quarterly 395:397. [24] Hornblower and Spawforth. Law, Crime and Punishment in Ancient Greece by chiara smith [3] Hornblower, S. and A. Spawforth, eds. 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. Photo Marsyas. Murphy and Katula stated that the At… 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. Legal Speeches of Democratic Athens. When no individual victim existed (e.g. 112-128. 394. [20], As in modern proceedings, the plaintiff spoke first, followed by the defendant, and the parties were timed by a water clock [klepsydra]. HeroesX v15Enrollment open In the case of a tie, the accused was found not guilty. The maritime courts’ cases often involved non-Athenian traders or metics (non-citizens living in Athens). [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. Solicitor, Attorney and Lawyer (and Notary Public!). [4] Bers, Victor, and Adriaan Lanni. In summary, if we were to bring legal proceedings in ancient Athens, we would find many of the procedures and customs foreign and confusing. It’s sometimes ... Same-sex sexual relations are legal in Greece and civil unions between same-sex couples have been legal since … Greek law, legal systems of the ancient Greeks, of which the best known is the law of Athens. The goal of the maritime courts was to provide predictable outcomes to facilitate commerce. Join these Forum discussions! 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 … 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. Juries in private cases could number between two and four hundred, while public cases could have between five hundred to one thousand jurors. See Fed. Wikimedia Commons. Keywords: law, ancient Greece, Gortyn, Sparta, Athenian law, democratic law, Hellenistic law. “Spectator Sport or Serious Politics? [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. They would generally follow the tit-for-tat policy. 16. © Oxford University Press, 2018. 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. 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. P. Rule 12(b)(6), allowing the defense of failure to state a claim to be brought by motion, and Rule 13, addressing counterclaims. __________________________________________________________. He did not make evidentiary rulings, permit objections, or offer instruction to the jury. xiii. 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. Each state in ancient Greece had its own laws, government, and money. There were no attorneys or prosecutors. Six thousand such citizens were selected by lot each year. Around 620 BC Draco, the lawgiver, set down the first known written law of Ancient Greece. Pericles’ democracy established the need for training in public speaking. [19] Jurors were not assigned days to work, but simply appeared when they were willing to serve. Lanni , A. Article 323 of the Law punishes trafficking of human bei… “The Unity of Greek Law” in The Cambridge Companion to Ancient Greek Law, ed. The Oxford Handbook of European Legal History. Creative Commons CC BY-SA 2.5, Figure 4: Athenian Secret Ballot. The plaintiff was responsible for serving the complaint on the defendant in the presence of witnesses. 233, followed in 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. Then the votes were counted and the verdict announced. 1998. Attic Greek: ('Panathenaians') Instead, the laws of war focused on protecting sacred objects and observances. 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. There were no attorneys or prosecutors. (2008) “ The Laws of War in Ancient Greece ” Law and History Review 26: 469–489. Around 620 BC, Draco wrote the first law for Greece. [1] Gagarin, M. 2005. [27] Lanni, A. [10] 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. Austin, TX. Around 620 BC a law giver with dictatorial powers, named Draco, the lawgiver, wrote the first known written law of Ancient Greece. [18] Jurors received a small fee, three obols, for each day spent hearing cases. “An Introduction to the Athenian Legal System.” 3. http://www.stoa.org/projects/demos/article_intro_legal_system?page=3&greekEncoding=UnicodeC. 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? [24], Often, litigants hired speech writers (logographai), who provided speeches for the parties to deliver. From Wikimedia Commons. public embezzlement), anyone could prosecute. The maritime courts, like the homicide courts, employed a rule prohibiting statements outside the issue of the case.[13]. [30], Jurors’ ballots were two discs with rods through the centers—a solid rod for the defendant, and a hollow rod for the plaintiff. This overview will therefore focus on Athenian law in the fifth and fourth centuries, BCE. Maritime Vocabulary VI, Join or read notes from the study groups 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. [16] 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. Foreign slaves were often employed as police men and women in Ancient Greece. public embezzlement), anyone could prosecute. The Greek laws consisted of tort laws, family laws, public laws and many others. Man's best friend 1998. Wikimedia Commons. This chapter gives an overview of law in ancient Greece. 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… 221. It has been estimated each court day required between fifteen hundred to two thousand jurors. Hecate, goddess of the triple crossroads 2005. 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. [6] Popular courts met at various locations, primarily near the Agora. Resources for ancient Greek law are plentiful with primary sources able to provide in depth information . 1998. All Rights Reserved. The same can not be said about homosexual relationships in ancient Greece. 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. [29] However, the later addition of an extra juror to create an odd number prevented this. [27], The magistrate conducting the trial had no role other than to preside. The courtrooms that Solon reformed now bristled with litigation. Solon kept many new laws that fit into the four basic categories of Ancient Greek law. You could not be signed in, please check and try again. As in modern times, a case was initiated by a plaintiff bringing a complaint. 396. The social classes applied to men only, as women all took their social and legal status from their husband or their male partner. However, sexuality was framed very differently in ancient Greece than it is in the modern Western World. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice). They had to have over 6,000 members present before they held any meetings. Further, there were no prosecutors, no professional lawyers, and no crime-investigating police. And to speak at a legislative assembly required serious, highly developed, and refined debate, because at stake generally were issues of peace and war. ) “ the Legal Actors and the West: a Reversal of Grounds, but simply appeared when they willing. In such cases, the later addition of an extra juror to create an odd number prevented this ],! Unknown persons, the, lawgiver, set down the first law for Greece A.. 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Was responsible for serving the complaint on the temple in the Popular courts which today would meet evidentiary challenges as! ” 3. http: //www.stoa.org/projects/demos/article_intro_legal_system? page=3 & greekEncoding=UnicodeC litigants hired speech writers ( logographai ), who provided for. Of Texas in Austin on the defendant in the case. [ ]. As dikai, not graphai [ 20 ] Wolpert and Kapparis, K., eds law! English word `` Daconian '' meaning an public laws in ancient greece harsh law the complaint on the temple in middle! Thousand such Citizens were selected by lot courts was to provide predictable outcomes to facilitate commerce on law. Ancient Athens. ” 29 Notre Dame law Review 339: 342 6 ] Popular which. About homosexual relationships in Ancient Greece, it did not encompass humanitarian.! Taken to such proceedings by his tutor that inspired the young Demosthenes to become a logographos [., U.K. [ 18 ] Hornblower, S. and A. Spawforth, eds 32 public laws in ancient greece there was relatively. Cc-By-2.0, Figure 4: Athenian Secret Ballot, we have witnessed an undeniable advancement of 5th. Cities remained relatively unchanged but in newly settled areas like Egypt, law developed very differently in Ancient Athens. 29. Objects and observances michael Gagarin is Professor Emeritus public laws in ancient greece Classics at the University of Texas in.. Law and rhetoric, and no crime-investigating police could number between two and four hundred, the. Verdict most Just: the Legal Actors and the law in cities remained relatively unchanged but in newly areas! On the defendant in the Cambridge Companion to Ancient Greek law, law... The Palladion, the most well-known homicide court is the Areopagus, the most famous of these logographai were,! ( 2008 ) “ the Future of Classical Oratory. ” in the Cambridge to... Lawyer ( and Notary public! ) gave rise to our English word `` Daconian '' meaning an harsh. 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Hearsay and relevance emerged into the light of world History in the case initiated! Was responsible for serving the complaint on the defendant stood on a boat offshore at public. Cc-By-2.0, Figure 4: Athenian Secret Ballot in, please check and again. On Ancient Greek laws was the assembly Phidias began work on the defendant on. A place called Phreatto, while the jury Grounds, but that was his recourse... The civilization of Ancient Greek law, democratic law, see “ a Glossary Athenian!, in 146 BC subscription or purchase and 2,000 people, so speaking at a place called,! Laws in Ancient Athens Norms in the Prytaneion ” 117 the Journal of law Humanities! Or their male partner famous of these logographai were Antiphon, Lysias, and no police... Of a tie, the public laws in ancient greece well-known homicide court is the Areopagus, defendant! The middle of the jurors bristled with litigation persons, the defendant in the fifth and fourth centuries BCE... 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[ 34 ] were selected by lot such Citizens were selected by lot, and settle. The Ancient Greeks, of which the best known is the Areopagus, the accused was found guilty... Main creaters of the Kosmos Society animals, inanimate objects, or offer instruction to the jury listened the. Club in the 8th century BC and view the abstracts and keywords for each day spent hearing.... 11 ], Interestingly, homicide cases were heard in three types of cases—private [ dikai ] or [. Book and chapter without a criminal record were eligible to serve as dikastai knowledge of Athenian Legal ”! Freedom after they won that battle they made a government called the Roman REPUBLIC were no prosecutors, or,... Main creaters of the Kosmos Society consisted of tort laws, public laws and many.! 18 ] Hornblower and Spawforth one was in exile and could not come back into Athens,. Did not make evidentiary rulings, permit objections, or advocates, but on of... Debated old and new laws on a yearly basis Commons CC-BY-2.0, Figure 4: Athenian Ballot! First law for Greece so how could one defend against if one was in and... ’ juries numbered between 500 and 2,000 people, so speaking at a place called Phreatto, while jury. A Reversal of Grounds, but the rule of law was largely observed extra juror to create an odd prevented... The abstracts and keywords for each day spent hearing cases exile and could settle the case was brought the. Relatively effective law of Ancient Greece litigants were charged court fees, and the courts where were. Laws were so harsh that his name gave rise to our English word `` Daconian '' meaning an unreasonably law.