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Praxis

(262 words)

Author(s): Thür, Gerhard (Graz)
(πρᾶξις; prâxis). [German version] [1] Execution of a court decision Legal term for the execution of a monetary decision in a Greek private lawsuit ( d íkē [2]), which in Athens was the affair of the successful creditor and was termed prâxis generally (And. 1,88) and also in the text of contract documents (Demosth. Or. 35,12). The usual word for 'execution' was εἰσπράττειν ( eispráttein) (Demosth. Or. 47,33; 47,37; 47,41; 57,63; 57,64). Prâxis was not allowed against the person of the debtor, but merely permitted the seizure of items of his property ( enechyrasía ). For prâxis in the Secon…

Parakletos

(156 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παράκλητος/ paráklētos, literally 'one who has been called in support'). In Athens, litigants fundamentally had to present their own case, mostly supported by related persons, who took up the word in front of the courts in support ( sýndikos , synḗgoros ). A practice developed (Xen. Mem. 4,4; Pl. Ap. 34c; Pl. Leg. 934e), whereby the accused, who in the epilogue to his defence oration made an appeal for acquittal to the jury, 'called out' his wife, parents, children, relations or influential friends, i…

Prosklesis

(120 words)

Author(s): Thür, Gerhard (Graz)
[German version] (πρόσκλησις; prósklēsis), the summons, the 'call to court'. At Athens, it took place by a private action, with the plaintiff informing the respondent of the claim ( énklēma ) and the date on which he was to present himself before the magistrate of the court. The prosklesis had to be made before one or two witnesses to the summons ( klētḗr ), whose confirmation of the proper prosklesis was required as a condition for a default judgment in the event of the respondent's non-attendance, and who were liable to pseudoklēteías graphḗ ('action for making a f…

Proix

(734 words)

Author(s): Thür, Gerhard (Graz)
[German version] (προίξ; proíx). Etymologically 'gift bestowed with an open hand' (in the epics known only in the genitive in the sense of 'free'), in the agnatic family order of Greek poleis proíx denotes the 'dowry' (in contrast to the phernḗ of small families in Hellenistic-Roman Egypt). It is not before the 3rd cent. AD (precursor FIRA I2 58,25; AD 68) that proíx occurs as a translation of the Roman dos . The legal structure of the proíx is best known from Athens (on the Hellenistic inscriptions from Myconos, Tenos, Amorgos, Naxos and Syros cf. [6. 135-137, 149 f.])…

Misthosis

(1,611 words)

Author(s): Thür, Gerhard (Graz)
(μίσθωσις; misthōsis). [German version] A. General Similar to the Roman locatio conductio , the Greek misthosis comprises a series of remunerated transactions in which one person transfers things (or a person) to another person for use, so that a particular outcome is achieved, or commits themselves to providing labour or a service. The current (Romanist) classification of these transactions into rent/lease, work and service agreements is too coarse for misthosis because Greek contract practice developed suitable special regulations depending on the specific facts…

Exoules dike

(127 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐξούλης δίκη). In Athens, a charge of ‘expulsion’ was a criminal charge. It was available to privileged claimants (e.g. the successful creditor in a lawsuit) against debtors who resisted, by formally expelling the creditor, the justified seizure of property by the creditor's formalized use of force. The expelled party could raise the charge of e.d.; if he could justify his action, the expeller was sentenced to a fine of double the value of the land. It was divided between the claimant and the state, in accordance with a law of  Solon's. Thür, Gerhard (Graz) Bibliography E.…

Laokritai

(182 words)

Author(s): Thür, Gerhard (Graz)
[German version] (λαοκρίται; laokrítai). Authorized by the king in Ptolemaic Egypt, consisting in each case of three judges of Egyptian ethnic origin taken from the priestly class, before whom the Egyptians (λαός/ laós, the people) could resolve their civil law disputes according to their hereditary law and in the Demotic language. A building ( laokrísion) designated for the laokritai is attested from the Fayûm (PTebtunis 795,9; 2nd cent. BC). An official of Greek nationality ( eisagogeús ) appointed by the central administration acted as the chairman…

Kakotechnion dike

(119 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κακοτεχνιῶν δίκη; kakotechniôn díkē). Action against ‘wheeling and dealing’, in Athens specifically against a legal opponent whose witness had been condemned for giving false testimony ( pseudomartyrias dike ) (Dem. Or. 47,1; 49,56). The proceedings were conducted by the same official who had also conducted the main trial. The person who had called the witness had to pay a fine to the plaintiff. Since, however, the plaintiff had usually already been awarded damages in the lawsuit, it is rather improbable that he was entitled to the kakotechnion dike without further…

Embateuein

(95 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐμβατεύειν; embateúein). In Athens the seizure of immovable objects (even ships, Dem. Or. 33,6) by ‘stepping upon’ them, due to a claim of ownership (law of succession of the son of the house, right of distraint, court judgement). In Egyptian papyri ἐμβαδεία ( embadeía) signified official seizure as the third stage of compulsory acquisition in real estate matters.  Succession, law of Thür, Gerhard (Graz) Bibliography A. Kränzlein, Eigentum und Besitz im griech. Recht, 1963, 94ff.  A. R. W. Harrison, The Law of Athens I, 1968, 156; 272; 283  H.-A. Rupprecht, Einfüh…

Synchoresis

(101 words)

Author(s): Thür, Gerhard (Graz)
[German version] (συγχώρησις/ synchṓrēsis). No later than the end of the 1st cent. BC, the synchoresis had developed as a notarial legal document in Ptolemaic Egypt, originating from the voluntary jurisdiction of the chrematistai and a conciliation of parties in a dispute before the court of chrematistai. It was issued as a regular form of document by the katalogeîon in Alexandria [1] during the Roman period. Thür, Gerhard (Graz) Bibliography S. Allam, Zum Aufkommen der notariellen Urkunde (Syngraphe und Synchoresis) im griechisch-römischen Ägypten, in: Studien zur…

Oikos

(1,354 words)

Author(s): Thür, Gerhard (Graz) | Osborne, Robin (Oxford)
[German version] (οἶκος/ oîkos; “house, household”). The Greek terms oîkos and oikía (οἰκία) were often used synonymously; however, in Attic Greek, oîkos was generally no longer used to denote the house as a building, but for the household, while oikía as a rule meant the building. The work oîkos encompassed the entire possessions of the household as well as the family (although in Athenian law the term seems never to have been applied to the family). In Aristotle, the oîkos to which the married couple, their children and slaves belonged became the most important element o…

Atimetos agon

(88 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀτίμητος ἀγών; atímētos agṓn). Primarily in Athens, a trial in which the accused could make no counterplea ( Antitimesis) regarding the severity of the penalty. After a guilty finding no further decision was necessary as to the degree of the punishment: the trial was ἀτίμητος, ‘beyond judgement’. The severity of the penalty was already established by the relevant law: in public trials for serious offences it often entailed death or banishment. Thür, Gerhard (Graz) Bibliography A. R. W. Harrison, The Law of Athens II, 1971, 81f.

Pseudomartyrion dike

(513 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ψευδομαρτυριῶν δίκη; pseudomartyriôn díkē), recorded in several Greek legal systems as an 'action for perjury'. Only a person was liable to such an action who had confirmed (generally not on oath) a pre-formulated statement of a litigant before a court ( martyría ), but not one who had denied knowledge of something out of court ( exōmosía ). The opponent in the case was entitled to undertake this private action ( díkē ); the respondent found guilty or the unsuccessful plaintiff in the original trial demanded a financial penalty proportionate to the damages ( blábēs díkē

Horoi

(269 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ὅροι; hóroi). Boundary stones marking the boundaries (also called horoi) of political territories, temple districts and properties, public places and private land throughout the entire Greek world. They bore only the inscription hóros, sometimes with more precise additions, and were under the protection of Zeus Horios. Following inter-state arbitration in border disputes [4] and revision of leased temple land [8], commissions of ὁρισταί ( horistaí) often appeared to set the horoi in the site. As the Greek poleis did not have a  land register, horoi also function…

Hierosylia

(114 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἱεροσυλία; hierosylía). In many Greek poleis ‘temple robbery’, removal from a sanctuary of objects consecrated to gods, which has been very broadly construed (e.g. also embezzlement of silver in state minting of coins, Syll.3 530, Dyme in Achaea, soon after 190 BC. [2]). In Athens hierosylia was probably prosecuted in the 5th cent. by   eisangelía , later by a coming under the jurisdiction of the  thesmothetai ἱεροσυλίας γραφή ( hierosylías graphḗ), involving the threat of the death penalty with denial of burial in Attica and financial ruin. Thür, Gerhard (Graz) Bibli…

Apeniautismos

(86 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀπενιαυτισμός; apeniautismós). Absence for a year, penalty of exile, usually for one year, for certain crimes or misdemeanours, in particular manslaughter by criminal negligence (Bekker anecdota 421,20; Suda), which, pronounced by the court, could be in force as φυγή ( phygḗ) for a fixed time, if it was not taken in the strict legal sense, but as a pseudo- phyge (suspension of citizens' rights and duties and automatic reinstatement at the end of the term). Thür, Gerhard (Graz) Bibliography D. M. MacDowell, Athenian Homicide Law, 1963, 122 f.

Katenechyrasia

(226 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κατενεχυρασία; katenechyrasía). Derived from ‘security’ (ἐνέχυρον/ enéchyron, Hypotheke [1] A). The compulsory execution usually carried out privately by the creditor was called katenechyrasia, but more frequently enechyrasía . The most common term, however, was prā́xis (in rare cases eisprā́xis ). In Greece, execution always meant the confiscation and sale of different pieces of the debtor's property, never the entire estate, but (especially in Egypt) it could include the person as well. While the creditor had to proceed privately in the poleis, in Egypt it…

Phyge

(164 words)

Author(s): Thür, Gerhard (Graz)
[German version] (φυγή; phygḗ). Literally 'flight' out of the legal community because of the threat of blood feud, which leads to the condition of 'banishment'. Dracon already intended it for homicide in Athens (end of 7th cent. BC; IG I3 104,11). Later in Greek law it was often tolerated in place of the death sentence (Dem. Or. 23,69) or imposed as a sanction for political crimes, either lifelong ( aeiphygía ) or for set periods of time ( apeniautismós ), in the case of ostrakismos for 10 years; it could be recalled by a popular decision or aídesis (agreement of penance…

Androlepsia

(89 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀνδροληψία; androlēpsía) was in Athenian law an authorization to take the law into one's own hands, conceded by law (only attested in Demosth. 23,82) to relations of an Athenian murdered on Athenian state territory. If the person responsible for the death had made himself inaccessible to the relations of the deceased, they could seize three hostages from among his dependants (interpretation is controversial). Nothing is known of their fate. Unjustified exercise of androlepsia was punished. Thür, Gerhard (Graz) Bibliography B. Bravo, Symposion 1977, ed. J. Modrz…

Syngraphe

(402 words)

Author(s): Thür, Gerhard (Graz)
[German version] (συγγραφή; syngraphḗ) refers to a Greek 'document' in the material sense; regarding the content, it refers to an agreement (sing.), a draft of a law or a call for bids on public buildings or leases (regularly pl., syngraphaí ). In the sense of 'contractual agreement', syngraphe is one of several terms, the other being synállagma , symbólaion, synthḗkē and homología (Poll. 8,140). Only one type of document is referred to as syngraphe in essentially the same way from the 4th cent. BC on into the Roman Period: the private minutes (a stylized, objective …
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