Law and Justice in the Courts of Classical Athens 古雅典法庭的法律与公正

出版社:Cambridge Univ Pr
出版日期:2006-2
ISBN:9780521857598
作者:Adriaan Lanni
页数:210页

内容概要

Adriaan Lanni is assistant professor of law at Harvard Law School. A former member of the Harvard Society of Fellows, she holds a law degree from Yale Law School and a PhD in ancient history from the University of Michigan. She is a scholar of ancient law

书籍目录

Acknowledgments 1.Introduction2.Athens and Its Legal System 3.Relevance in the Popular Courts4.The Homicide Courts 5.Legal Insecurity in Athens 6.Maritime Cases 7.Conclusions Bibliography Index

作者简介

In The Law Courts of Classical Athens, Adriaan Lanni draws on contemporary legal thinking to present a new model of the legal system of classical Athens.  She analyzes 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 individualized and discretionary approach to justice.


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