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Diadikasia
(279 words)
[German version] (διαδικασία;
diadikasía). In Athens a judicial procedure aimed at organizing the legal situation without plaintiffs and defendants. It was not introduced as part of the usual civil action (δίκη,
díkē) and took place in two main groups of cases, namely in disputes in which two …
Source:
Brill’s New Pauly
Mesengyema
(95 words)
[German version] (μεσεγγύημα;
mesengýēma), the ‘thing entrusted’: an item or money, which was entrusted jointly by several individuals to a third party. The
mesengyema was then to be returned to one or to all depositors as agreed (Harpocr. s.v.). The procedure was suitable for safe-keeping during disputes, for stakes in bets and for secure keeping of documents (cf. Isocr. Or. 12,13; IG VII 3172,69: Boeotia;…
Source:
Brill’s New Pauly
Epangelia
(114 words)
[German version] (ἐπαγγελία;
epangelía). In Athens the legally prescribed announcement of the submission of a
dokimasía against a speaker who put forward a motion in the public assembly. It could be submitted by any citizen against the applicant who had incriminated himself of an action that removed his right to speak, but who had not yet been convicted in court (Aeschin. In Tim. 28ff. 81).
Epangelia means the announcement of a complaint against the obligor in the Egyptian papyri. …
Source:
Brill’s New Pauly
Katapontismos
(130 words)
[German version] (καταποντισμός;
katapontismós). To throw into the sea - the killing of a person by drowning, or the cultic sinking of objects. If the sea was distant, the
katapontismos could be performed at a river. Already in myth,
katapontismos is attested as a special act of cruelty, or as a capital punishment with the mark of an ordeal (the gods could save…
Source:
Brill’s New Pauly
Xenias graphe
(360 words)
[German version] (ξενίας γραφή;
xenías graphḗ), literally a 'charge/claim of (the status of) foreigner'. Public action for arrogation of Athenian citizenship. A Greek polis was constituted as an association of persons; despite their right to personal freedom, outsiders (
xénoi , cf. [1. 1442-1447; 4. 18-27]) had no fundamental participation in family or citizen status, or in the protection of the law. The rights of a citizen (πολίτης/
polítēs; presumably to be distinguished from an ἀστός/
astós [3. 49-78]) could be exercised in Athens only by somebody who had been…
Source:
Brill’s New Pauly
Anakrisis
(134 words)
[German version] (ἀνάκρισις;
anákrisis). After bringing an action the parties in the proceedings met in the
anakrisis, a preliminary process before the magistrate of the court. Just like the official
diaita in Athens, this appointment was used for conciliation procedures or preparation for the main proceedings before the
dikasterion . In the
anakrisis the parties were obliged to answer one another's questions. This part of the proceedings can be referred to as the ‘dialectic’, as opposed to the ‘rhetorical’ part of the main proceedings. All the…
Source:
Brill’s New Pauly
Laokritai
(182 words)
[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 (P…
Source:
Brill’s New Pauly
Kakotechnion dike
(119 words)
[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…
Source:
Brill’s New Pauly
Embateuein
(95 words)
[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…
Source:
Brill’s New Pauly
Oikos
(1,354 words)
[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 of the polis (Aristot. Pol. 1252a-1254a), and in modern scholarly discussion, finally,
oîkos developed into…
Source:
Brill’s New Pauly
Atimetos agon
(88 words)
[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.…
Source:
Brill’s New Pauly
Pseudomartyrion dike
(513 words)
[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 (
…
Source:
Brill’s New Pauly
Hierosylia
(114 words)
[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) Bibliography
1 D. Cohen, Theft in Athenian Law, 1983, 93ff.
2 G. Thür, G. Stumpf, Sechs Todesurteile und zwei plattierte Hemidrachmen aus Dyme, in: Tyche 4, 1989, 171-183.
Source:
Brill’s New Pauly
Apeniautismos
(86 words)
[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). …
Source:
Brill’s New Pauly
Katenechyrasia
(226 words)
[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…
Source:
Brill’s New Pauly
Phyge
(164 words)
[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). In 324 Alexander [4] the Great put an end to the large number of
phyge cases in the 4th cent. BC by means of a letter to the Greek poleis which repealed banishment almost completely (Diod. Sic. 18,8) [3]. Thür, Gerhard (Graz) Bibliography
1 O. Schultheß, s.v. Phyge, RE 20, 970-979
2 Th.C. Loening, The Reconcilation Agreement of 403/402 B.C. in Athens, 1987
3 IPArk Nr. 5.
Source:
Brill’s New Pauly