Book contents
- Frontmatter
- Contents
- Preface
- Contributors
- Introduction: Why Written Texts?
- 1 From Letters to Literature: Reading the “Song Culture” of Classical Greece
- 2 Writing Religion: Inscribed Texts, Ritual Authority, and the Religious Discourse of the Polis
- 3 Letters of the Law: Written Texts in Archaic Greek Law
- 4 Writing, Law, and Legal Practice in the Athenian Courts
- 5 Literacy and the Charlatan in Ancient Greek Medicine
- 6 Literacy in Greek and Chinese Science: Some Comparative Issues
- 7 Writing Philosophy: Prose and Poetry from Thales to Plato
- 8 Prose Performance Texts: Epideixis and Written Publication in the Late Fifth and Early Fourth Centuries
- 9 Writing for Reading: Thucydides, Plato, and the Emergence of the Critical Reader
- 10 Reflecting on Writing and Culture: Theocritus and the Style of Cultural Change
- Bibliography
- Index
4 - Writing, Law, and Legal Practice in the Athenian Courts
Published online by Cambridge University Press: 30 July 2009
- Frontmatter
- Contents
- Preface
- Contributors
- Introduction: Why Written Texts?
- 1 From Letters to Literature: Reading the “Song Culture” of Classical Greece
- 2 Writing Religion: Inscribed Texts, Ritual Authority, and the Religious Discourse of the Polis
- 3 Letters of the Law: Written Texts in Archaic Greek Law
- 4 Writing, Law, and Legal Practice in the Athenian Courts
- 5 Literacy and the Charlatan in Ancient Greek Medicine
- 6 Literacy in Greek and Chinese Science: Some Comparative Issues
- 7 Writing Philosophy: Prose and Poetry from Thales to Plato
- 8 Prose Performance Texts: Epideixis and Written Publication in the Late Fifth and Early Fourth Centuries
- 9 Writing for Reading: Thucydides, Plato, and the Emergence of the Critical Reader
- 10 Reflecting on Writing and Culture: Theocritus and the Style of Cultural Change
- Bibliography
- Index
Summary
One way to approach the subject of writing and law in classical Athens would be from the standpoint of legal theory. One might begin, for example, with the famous contrast, invoked by Antigone in Sophocles' play (450–70), between a ruler's pronouncements and the unwritten, unchanging, timeless divine laws. One could then turn to the resolution adopted by the Athenians during the law reform after the end of the Peloponnesian War, which provided that magistrates could only enforce laws that had been inscribed (Andocides 1.85–9). Significantly, Andocides treats this prescription as a legal principle (to use a modern term) to which the Athenians resolved to bind themselves. Other principles entailed that laws should be universal in application and not applied to individuals and that no decree of the Assembly or Council was to override a law. Thus, while acknowledging the central importance of fixed, written laws as an anchor of democratic government, the Athenians were by no means bewitched by the notion of law as eternal, divinely mandated, or immutable – beliefs that are familiar from a variety of other legal cultures.
In the Laws, Plato tries desperately hard to secure for the law code of his hypothetical city an immutability based on divine mandate, but his very effort to construct a tradition of reverence and permanence for the written code reveals his awareness of contrary dispositions in contemporary Athens.
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- Publisher: Cambridge University PressPrint publication year: 2003
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