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Dikazein

(182 words)

Author(s): Thür, Gerhard (Graz)
[German version] (δικάζειν; dikázein). The word (approximately: ‘to exercise a right’) is associated with the ending of a dispute with a sentence. Whether the sentence was originally passed by an ‘arbitrator’ who was consensually appointed by both parties is highly questionable. Rather, dikazein in the early period was the activity of a council of elders or of an official (  dikastḗs ) that was at least rudimentarily provided with state authority. In what form this dikazein would occur is also uncertain: either an official decided in the matter on his own or a formal p…

Kakegoria

(166 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κακηγορία; kakēgoría), verbal insult, an offence in Athens since the period of Solon (6th cent. BC). Deceased persons were always protected, living persons only in the case of defamation in public (Plut. Solon 21; Dem. Or. 20,104). The insulted person could file a private complaint ( dike), but had to share the compensation fine with the state. In the 4th cent. BC, all prohibited insults were recorded on a list (e.g. murder, striking the parents, throwing away the shield), but the…

Enktesis

(119 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Ἔγκτησις; Énktēsis). In the Greek states the acquisition of property was reserved to citizens. Individual foreigners were granted the privilege of énktesis, the right to acquire ‘land’ or ‘a house’ (or both) by a popular resolution. In Athens some   métoikoi were thus provided, generally perhaps the   isoteleís . In the Doric area the term ἔμπασις/ἴμπασις ( émpasis/ ímpasis) was used instead of enktesis. Thür, Gerhard (Graz) Bibliography J. Pečirka, The Formula for the Grant of E. in Attic Inscriptions, 1966  A. R. W. Harrison, The Law of Athens I, 1968, 237f.  A. S. H…

Homologia

(313 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ὁμολογία; homología), literally ‘speaking the same way’, describes in Greek colloquial language simple oral consent or agreement. In the legal sense homologia was soon also used for written agreements (  syngraphḗ ,   synthḗkē ). The legal connection with the homologia originated, as can be seen in Athens, in the preliminary procedural concession of individual assertions of the opponent. In the preliminary procedure (  anákrisis , see   diaitētaí [2]) the parties had the duty to answer each other's questions (Dem. Or. 46,10). Answering such a que…

Proeisphora

(133 words)

Author(s): Thür, Gerhard (Graz)
[German version] (προεισφορά/ proeisphorá, 'property tax advance'). Because the eisphorá ('property tax') in Athens yielded necessary funds too slowly in times of crisis, a liturgy [I B] to 'give an advance' as a proeisphorá on the whole of the sum to be raised, without interest, was imposed (presumably before 362 BC) on the 300 richest citizens of the city. Deducting their own contributions, they could at their own risk collect the proeisphorá from fellow members of their symmoría (tax bracket). The proeisphorá is attested also of other  democratic poleis  (e.g., Priene and Lindus…

Athenian law

(1,195 words)

Author(s): Thür, Gerhard (Graz)
[German version] A. Definition and sources Strictly speaking, the correct term is ‘Athenian law’ (AL), because ‘Attic’ designates the landscape, dialect, art and culture, while Athens, by contrast, refers to the polis and the state; but in German scholarship the designation ‘Attic law’ has been used since the beginning of the 19th cent. when philologists and jurists occupied themselves increasingly with investigating the trials and law of Athens after the issuance of a prize question by the Royal Aca…

Kleter

(192 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κλητήρ; klētḗr). On the basis of the word, a person who has to do with the summons to legal proceedings ( klḗsis, prósklesis ). 1. In the Delian League, state-appointed klētḗres summoned people to legal proceedings that were held in conjunction with the tributes (IG I3 21,42 and 68,48/49: 426/5 BC; 71,39: 425/4 BC). 2. In civil proceedings the summons were a matter for the plaintiff. In Athens two klētḗres were as a rule consulted in this regard (detailed regulation outlined in Pl. Leg. 846c) whose names were noted on the statement of claim. If th…
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