Rhetoric and the Law of DracoClarendon Press, 26. feb. 1998 - 428 sider Trials for murder and manslaughter in ancient Athens are preserved in a singularly full and revealing record. The earliest surviving speeches were written for such proceedings, and the laws governing such trials - laws that tradition ascribes to Draco himself - also survive in large part. These documents bear witness to the birth of the jury trial and of democratic rhetoric. This book, the first study of its kind, offers a systematic interpretation of Draco's law and the legal reasoning that grew out of it. The author outlines the historical development (7th to 4th centuries BCE), and then analyses the surviving speeches to unravel the underlying issues and practical consequences. |
Indhold
2 Proof and Probability | 20 |
Dracos Law and the Killers Intent | 33 |
2 The Archaic Method of Judgement Dikazein | 49 |
The Five Courts of Homicide | 84 |
2 The Origins and Development of the Five Courts | 99 |
4 Summary | 133 |
4 Conclusions | 167 |
1 Invention in the Tetralogies | 177 |
3 Conclusions and Parallels | 242 |
Causation and the Law | 251 |
Justifiable Killing and the Problem of Lysias I | 282 |
Antiphon 5 | 313 |
2 Lysias 13 Against Agoratus | 354 |
3 Conclusions and Parallels | 370 |
A Synopsis of the Athenian Homicide Speeches | 390 |
| 403 | |
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accused Agoratus aidesis amnesty ancient Andocides Antiphon Apagoge archaic archons Areopagite Areopagus argued argument Aristotle assume Athenian autophōrōi basileus causal charge claim conviction council court speeches death decide defendant defendant's Delphinium Delphinium court Demosthenes dicastic dikai phonou dispute Draco's law Draconian ephetai Eratosthenes Euphiletus Euxitheus evidence execution exiled homicide fact formal Gagarin Gortyn Code guilt Heitsch Herodes Homeric homicide courts immediate incrimination implication indication innocence intent involvement issue judgement judges jurisdiction jury justice justifiable homicide justifiable killing killer kinsmen lawgiver liable litigants Lycinus Lysias malice aforethought mens rea miasma murder oath Palladium penalty phratry Phreatto plaintiffs principle probably procedure proceedings pronoia proof prosecution provision Prytaneum question reasonable regard remedy retribution retributive justice rules self-help slave Solon statute Stesimbrotus suggests suppose swear testimony Tetr Tetralogies tion torture traditional treated trial unintentional homicide unintentional killing verdict victim warrant and arrest witnesses wrong δὲ ἐν καὶ