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Ancient Greek law
Ancient Greek laws consist of the laws and legal institutions of ancient Greece.
The existence of certain general principles of law in ancient Greece is implied by the custom of settling a difference between two Greek states, or between members of a single state, by resorting to external arbitration. The general unity of ancient Greek law shows mainly in the laws of inheritance and adoption, in laws of commerce and contract, and in the publicity uniformly given to legal agreements.
While some of its older forms can be studied in the Gortyn code, its influence can be traced in legal documents preserved in Egyptian papyri and it may be recognized at a later period as a consistent whole in its ultimate relations to Roman law in the eastern provinces of the Roman empire, with scholars in the discipline of comparative law comparing Greek law with both Roman law and the primitive institutions of the Germanic nations.
Ancient Greece lacked a codified law code used across the country. Ancient Greece was not a state but existed as a collection of city-states known as poleis (πόλεις), all with different laws. However, numerous ideals within the various laws of the city-states were rooted in the same context, notably, cultural unity. Ancient Greek culture advanced their own religion and language, along with various customs that were rooted in religion and tradition. From Greek culture, common bases in law emerged : δίκη ("law, justice"), κύριος ("lord, master"), βλάβη ("injury"), among other concepts. With the general discontinuity in law between the various city-states, Athens is typically the model provided for Greek law.
There is no systematic collection of ancient Greek laws; the earliest notions of the subject can be found in Homeric poems. Later, the works of Theophrastus, On the Laws, are said to have included a recapitulation of the laws of various barbaric as well as of the ancient Grecian states, yet only a few fragments of it remain.
Incidental illustrations of the Athenian law are found in the Laws of Plato, who describes it without exercising an influence on its actual practice. Aristotle criticized Plato's Laws in his Politics, in which he reviews the work of certain early Greek lawgivers. The treatise on the Constitution of Athens includes an account of the jurisdiction of the various public officials and the mechanics of the law courts, and thus enables historians to dispense with the second-hand testimony of grammarians and scholiasts who derived their information from that treatise.
Other evidence for ancient Athenian law comes from statements made in the extant speeches of the Attic orators, and from surviving inscriptions.
Historians consider the Ancient Athenian law broadly procedural and concerned with the administration of justice rather than substantive. Athenian laws are typically written in the form where if an offense is made, then the offender will be punished according to said law, thus they are more concerned with the legal actions which should be undertaken by the prosecutor, rather than strictly defining which acts are prosecutable. Often, this would have resulted in juries having to decide whether the offense said to have been committed was in fact a violation of the law in question.
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Ancient Greek law
Ancient Greek laws consist of the laws and legal institutions of ancient Greece.
The existence of certain general principles of law in ancient Greece is implied by the custom of settling a difference between two Greek states, or between members of a single state, by resorting to external arbitration. The general unity of ancient Greek law shows mainly in the laws of inheritance and adoption, in laws of commerce and contract, and in the publicity uniformly given to legal agreements.
While some of its older forms can be studied in the Gortyn code, its influence can be traced in legal documents preserved in Egyptian papyri and it may be recognized at a later period as a consistent whole in its ultimate relations to Roman law in the eastern provinces of the Roman empire, with scholars in the discipline of comparative law comparing Greek law with both Roman law and the primitive institutions of the Germanic nations.
Ancient Greece lacked a codified law code used across the country. Ancient Greece was not a state but existed as a collection of city-states known as poleis (πόλεις), all with different laws. However, numerous ideals within the various laws of the city-states were rooted in the same context, notably, cultural unity. Ancient Greek culture advanced their own religion and language, along with various customs that were rooted in religion and tradition. From Greek culture, common bases in law emerged : δίκη ("law, justice"), κύριος ("lord, master"), βλάβη ("injury"), among other concepts. With the general discontinuity in law between the various city-states, Athens is typically the model provided for Greek law.
There is no systematic collection of ancient Greek laws; the earliest notions of the subject can be found in Homeric poems. Later, the works of Theophrastus, On the Laws, are said to have included a recapitulation of the laws of various barbaric as well as of the ancient Grecian states, yet only a few fragments of it remain.
Incidental illustrations of the Athenian law are found in the Laws of Plato, who describes it without exercising an influence on its actual practice. Aristotle criticized Plato's Laws in his Politics, in which he reviews the work of certain early Greek lawgivers. The treatise on the Constitution of Athens includes an account of the jurisdiction of the various public officials and the mechanics of the law courts, and thus enables historians to dispense with the second-hand testimony of grammarians and scholiasts who derived their information from that treatise.
Other evidence for ancient Athenian law comes from statements made in the extant speeches of the Attic orators, and from surviving inscriptions.
Historians consider the Ancient Athenian law broadly procedural and concerned with the administration of justice rather than substantive. Athenian laws are typically written in the form where if an offense is made, then the offender will be punished according to said law, thus they are more concerned with the legal actions which should be undertaken by the prosecutor, rather than strictly defining which acts are prosecutable. Often, this would have resulted in juries having to decide whether the offense said to have been committed was in fact a violation of the law in question.