The Rule of Law in Action in Democratic Athens

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. The Author Aims To Show How The Athenians Attempted To Put The Ideal Of The Rule Of Law Into Action And To Understand The Nature Of Litigation In Its Democratic Context. Recent Books About The Athenian Courts Have Focused Mainly On Athenian Social Values, But They Have Paid Less Attention To The Political Ideal Of The Rule Of Law And To The Procedures The Athenians Followed To Implement This Ideal. This Study Moves Beyond The Study Of Rhetoric And Ideology To Examine How The Law Worked In Action, Both In The Community As A Whole And In The Courts. Was Athens A State Or A Stateless Community? The Political Context Of Athenian Law -- Feuding Or The Rule Of Law? An Essay In Legal Sociology -- The Judicial Oath -- What Are Athenian Laws About? Substance And Procedure In Athenian Statutes -- Open Texture In Athenian Law : The Approach Of The Litigants -- Open Texture In Athenian Law : The Response Of The Courts -- Did The Athenian Courts Attempt To Achieve Consistency? The Use Of Precedents In Forensic Oratory -- How Strictly Did The Athenian Courts Apply The Law? The Role Of Epieikeia -- Cleon And The Defeat Of Athens. Edward M. Harris. Includes Bibliographical References (pages 403-421) And Indexes. The Law in Action in Democratic Athens is the first extensive study of the importance of the rule of law in Athenian democracy. __The Rule of Law in Action in Democratic Athens____ad hoc__