The definitive book on judicial review in Athens from the 5th through the 4th centuries BCE. The power of the court to overturn a law or decree—called judicial review—is a critical feature of modern democracies. Contemporary American judges, for example, determine what is consistent with the Constitution, though this practice is often criticized for giving unelected officials the power to strike down laws enacted by the people's representatives. This principle was actually developed more than two thousand years ago in the ancient democracy at Athens. In Control of the Laws in the Ancient Democracy at Athens, Edwin Carawan reassesses the accumulated evidence to construct a new model of how Athenians made law in the time of Plato and Aristotle, while examining how the courts controlled that process. Athenian juries, Carawan explains, were manned by many hundreds of ordinary citizens rather than a judicial elite. Nonetheless, in the 1890s, American apologists found vindication for judicial review in the ancient precedent. They believed that Athenian judges decided the fate of laws and decrees legalistically, focusing on fundamental text, because the speeches that survive from antiquity often involve close scrutiny of statutes attributed to lawgivers such as Solon, much as a modern appellate judge might resort to the wording of the Framers. Carawan argues that inscriptions, speeches, and fragments of lost histories make clear that text-based constitutionalism was not so compelling as the ethos of the community. Carawan explores how the judicial review process changed over time. From the restoration of democracy down to its last decades, the Athenians made significant reforms in their method of legislation, first to expedite a cumbersome process, then to revive the more rigorous safeguards. Jury selection adapted accordingly: the procedure was recast to better represent the polis, and packing the court was thwarted by a complicated lottery. But even as the system evolved, the debate remained much the same: laws and decrees were measured by a standard crafted in the image of the people. Offering a comprehensive account of the ancient origins of an important political institution through philological methods, rhetorical analysis of ancient arguments, and comparisons between models of judicial review in ancient Greece and the modern United States, Control of the Laws in the Ancient Democracy at Athens is an innovative study of ancient Greek law and democracy.

This volume brings together essays on Athenian law by Edward M. Harris, who challenges much of the recent scholarship on this topic. Presenting a balanced analysis of the legal system in ancient Athens, Harris stresses the importance of substantive issues and their contribution to our understanding of different types of legal procedures. He combines careful philological analysis with close attention to the political and social contexts of individual statutes. Collectively, the essays in this volume demonstrate the relationship between law and politics, the nature of the economy, the position of women, and the role of the legal system in Athenian society. They also show that the Athenians were more sophisticated in their approach to legal issues than has been assumed in the modern scholarship on this topic.

This book traces continuity in the development of the Athenian constitution, whereas previous studies have usually looked for catastrophic changes. Sealey selects three features of Athenian law which are important for the structure of society and the location of authority: (1) the legal status, and to a lesser extent the socioeconomic condition, of the different kinds of inhabitants of Attica; (2) the distinction, recognized in the fourth century, between "laws" and "decrees," analyzing what the Athians understood by "law"; and (3) the development of the Athenian courts. At an early stage the Athenians conceived the ideal of the rule of law and adhered to it continuously. They did so by means of a static concept of law and maintenance of an independent judiciary. The book is designed to be of importance not only for specialists in classical studies but for general historians, political scientists, and those concerned with the history of law. The book is within the reach of an advanced undergraduate and graduate audience.

Athenians performed democracy daily in their law courts. Without lawyers or judges, private citizens, acting as accusers and defendants, argued their own cases directly to juries composed typically of 201 to 501 jurors, who voted on a verdict without deliberation. This legal system strengthened and perpetuated democracy as Athenians understood it, for it emphasized the ideological equality of all (male) citizens and the hierarchy that placed them above women, children, and slaves. This study uses Athenian court speeches to trace the consequences for both disputants and society of individuals' decisions to turn their quarrels into legal cases. Steven Johnstone describes the rhetorical strategies that prosecutors and defendants used to persuade juries and shows how these strategies reveal both the problems and the possibilities of language in the Athenian courts. He argues that Athenian "law" had no objective existence outside the courts and was, therefore, itself inherently rhetorical. This daring new interpretation advances an understanding of Athenian democracy that is not narrowly political, but rather links power to the practices of a particular institution.

Delve into the foundations of democracy with "The Athenian Constitution" by Aristotle. In this seminal work, Aristotle offers a detailed examination of the political system of ancient Athens, providing invaluable insights into the birth of democracy and its functioning in one of the most influential city-states of antiquity. Are you ready to explore the origins of democracy and uncover its principles through the eyes of one of history's greatest philosophers? In "The Athenian Constitution," Aristotle meticulously analyzes the political institutions, laws, and customs of Athens, shedding light on the mechanisms that governed the city-state and shaped its democratic governance. From the roles of citizens and magistrates to the functioning of the legislative and judicial bodies, Aristotle provides a comprehensive overview of Athenian democracy. But here's the real question: Will you dare to journey back in time to ancient Athens and witness the birth of democracy firsthand? Are you prepared to grapple with the complexities of political theory and governance in the cradle of Western civilization? Experience the intellectual legacy of Aristotle. Immerse yourself in the timeless wisdom of "The Athenian Constitution" and gain a deeper understanding of the principles that underpin democratic governance. Don't miss your chance to explore the foundations of democracy. Purchase your copy of "The Athenian Constitution" today and embark on a journey through the annals of political history.

Athens' democracy developed during the sixth and fifth centuries and continued into the fourth; Athens' defeat by Macedon in 322 began a series of alternations between democracy and oligarchy. The democracy was inseparably bound up with the ideals of liberty and equality, the rule of law, and the direct government of the people by the people. Liberty meant above all freedom of speech, the right to be heard in the public assembly and the right to speak one's mind in private. Equality meant the equal right of the male citizens (perhaps 60,000 in the fifth century, 30,000 in the fourth) to participate in the government of the state and the administration of the law. Disapproved of as mob rule until the nineteenth century, the institutions of Athenian democracy have become an inspiration for modern democratic politics and political philosophy. P. J. Rhodes's reader focuses on the political institutions, political activity, history, and nature of Athenian democracy and introduces some of the best British, American, German and French scholarship on its origins, theory and practice. Part I is devoted to political institutions: citizenship, the assembly, the law-courts, and capital punishment. Part II explores aspects of political activity: the demagogues and their relationship with the assembly, the manoeuvrings of the politicians, competitive festivals, and the separation of public from private life. Part III looks at three crucial points in the development of the democracy: the reforms of Solon, Cleisthenes and Ephialtes. Part IV considers what it was in Greek life that led to the development of democracy. Some of the authors adopt broad-brush approaches to major questions; others analyse a particular body of evidence in detail. Use is made of archaeology, comparison with other societies, the location of festivals in their civic context, and the need to penetrate behind what the classical Athenians made of their past.

The Rule of Law in Action in Democratic Athens examines how the Athenians attempted to enforce and apply the law when judging disputes in court. Recent scholarship has paid considerable attention to the practice and execution of Greek law. However, much of this work has left several flawed assumptions unchallenged, such as that Athenian law was primarily concerned with procedure; that the main task of enforcement lay in the hands of private citizens; that the Athenians used the courts not to uphold the law but to pursue personal feuds; and that the Athenian courts rendered ad hoc judgments and paid little attention to the letter of the law. Drawing on modern legal theory, the author examines the nature of "open texture" in Athenian law and reveals that the Athenians were much more sophisticated in their approach to law than many modern scholars have assumed, and thus breaks considerable new ground in the field. At the same time, the book studies the weaknesses of the Athenian legal system and how they contributed to Athens' defeat in the Peloponnesian War. By reexamining the available evidence, Edward Harris provides a much needed corrective to long-held views and places the Athenian administration of justice in its broad political and social context.