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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…

Hypoboles graphe

(89 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ὑποβολῆς γραφή; hypobolês graphé). Civil suit against a person who was passed off as the child of a citizen. Such false children, usually bought as slaves, are frequently mentioned in Attic court speeches and  comedies: childless women attempted to consolidate their position in the household in this manner, but hypoboles graphe is only known from the Lexica Segueriana V [2]. The penalty for being a false child was being sold into slavery. Thür, Gerhard (Graz) Bibliography 1 I. Bekker (ed.), Anecdota Graeca I, 1814/1865, 311 2 Lipsius, 417.

Hyperocha

(263 words)

Author(s): Thür, Gerhard (Graz)
[German version] Literally ‘surplus’ (τὰ ὑπέροχα, tà hypérocha, or ἡ ὑπεροχή, hē hyperochḗ), technically it designates the extra value by which the value of the secured object exceeds the amount of the secured debt, Latin superfluum. As the Greek pledge is to be understood strictly as a lapsed pledge (cf.   hypothḗkē ), it necessitated special contractual or judicial regulations if the extra value was intended to serve as security for a further creditor or return to the security debtor following sale of the security. Multiple m…

Doron graphe

(159 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Δώρων γραφή; Dṓrōn graphḗ) . In Athens, the charge of corruptibility (Poll. 8,42), also including the corruptibility of a judge. Active bribery in connection with jurisdiction was prosecuted with   dekasmoû graphḗ . The offence consisted in presents given to, and accepted by, officials, among whom the lawyers in public and private trials were also counted (Dem. Or. 46,26), to the detriment of the state (Lys. 21,22: ἐπὶ τῆς πόλεως κακῷ; Dem. Or. 21,113: ἐπὶ βλάβῃ τοῦ δήμου). The charge was filed in lighter cases with the   logistaí , in graver cases with the   thesmothêtai

Dike

(690 words)

Author(s): Graf, Fritz (Columbus, OH) | Thür, Gerhard (Graz)
(Δίκη; Díkē). [German version] [1] Personification of human law made concrete in legal pronouncements (Religion). Personification of human law made concrete in legal pronouncements (as opposed to  Themis, the divine order): the legal order breaks down if it is eroded by corrupt judges (Hes. Op. 220). She is a central figure of mythological and poetic reflection on the foundation of social existence in the archaic and classical period. The genealogies incorporate D. in a value system. She is the daughter of Ze…

Eranos

(210 words)

Author(s): Thür, Gerhard (Graz)
(ἔρανος; éranos). Etymology uncertain; the word originally meant ‘a meal for friends’ (Hom. Od., Pind.). The cost was borne in common by the participants. Collections made among friends in order to present a gift to one of them were also called éranoi; to give gifts in return was merely customary, not a statutory obligation (Theophr. Char. 17,9). Two legal institutions developed on this basis: [German version] [1] Collective fund A kind of collective wealth. Funds ( eisphoraí) collected by a group of individuals ( plērōtaí, Dem. Or. 21,184f.) were applied to a particular purpos…

Hypomosia

(159 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ὑπωμοσία; hypōmosía). In Athens there were two types of sworn statements: 1. in the court proceeding one party could apply in person or through a representative for sojournment (Dem. Or. 48,25f.; schol. Dem. Or. 21,84) if there was significant cause, such as travel or funerary duties. The opponent was able to dispute this with a ἀντωμοσία ( antōmosía, counter-oath). 2. If an application was deliberated in the council (  boulḗ ) or the popular assembly (  ekklēsía ), every citizen was able to declare through a hypomosia that he would bring a suit against the applic…

Homicide

(422 words)

Author(s): Neumann, Hans (Berlin) | Thür, Gerhard (Graz) | Schiemann, Gottfried (Tübingen)
[German version] I. General In antiquity homicide is often not yet differentiated from other crimes of killing ( Killing, crimes of). In many ancient laws the special reprehensibility or danger of a behaviour that resulted in the death of another human being was not yet considered a reason for a respective sanction. Thus, in the case of ancient Oriental laws, it would be inappropriate both with regard to the term and the matter to speak of particular offences amounting to homicide within the framework of crimes of killing. Neumann, Hans (Berlin) [German version] II. Greece In archaic Gre…

Klope

(317 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κλοπή; klopḗ). Theft, misappropriation and receiving stolen goods. Robbery, misappropriation of temple property ( hierosylía ) on the one hand and pickpocketing by people doing general damage ( balantiotómoi , kakoúrgoi ) on the other hand was distinguished from klopḗ in Athens. Klopḗ of private property could be prosecuted by díkē only by the victim of the theft; a graphḗ on the grounds of klopḗ of state property is unlikely, as there were other processes ( eúthynai , eisangelía ). A thief at night could be killed without incurring punis…

Antitimesis

(102 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀντιτίμησις; antitímēsis). If the law in Athens had not already fixed the penalty in advance in public trials (ἀγῶνες ἀτιμητοί,   atimetos agon), but type and level had been left to the discretion of the court (ἀγῶνες τιμητοί,   timetos agon), the plaintiff had to estimate the suit when the plea was submitted. After being convicted, the defendant could then, in a second hearing on the sentence, file a counter-submission on the level of the sentence ( antitimesis). The judges had to choose between these two submissions for sentence. Thür, Gerhard (Graz) Bibliography A. R.…

Dikasterion

(918 words)

Author(s): Thür, Gerhard (Graz)
(δικαστήριον ; dikastḗrion). A. Athens [German version] 1. Court site There were two types of court sites, those at which homicidal crimes were judged (φονικά, phoniká) and those at which other public or private suits were negotiated. The former, of which there were five, were at the edge of the town for ritual reasons and had no roof to avoid being tarnished by the accused (Antiph. 5,11; Aristot. Ath. Pol. 57,4) while the latter were at the market or in its immediate vicinity. Except for the two largest ones, the Hēliaía (Ἡλιαία) and the site of the   ekklēsía (ἐκκλησία), they had a roof. The pho…

Pseudokleteias graphe

(260 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ψευδοκλητείας γραφή; pseudoklēteías graphḗ). In Athens, the summons to a trial ( prósklēsis ) was conducted privately in the presence of summoning witnesses ( klētḗr ). Anyone who did not appear before the judicial magistrate on the scheduled date despite a properly witnessed summoning was convicted in absentia. If he was able to prove exculpatory reasons, a reopening of the matter ( anadikía ) was possible; if the plaintiff called in false klētḗres, any citizen (see graphḗ ) could prosecute them with PG. The thesmothétai were responsible, the…

Bebaiosis

(234 words)

Author(s): Thür, Gerhard (Graz)
[German version] (βεβαίωσις; bebaíōsis). In legal transactions involving the transfer of possession of an object, i.e. purchase contracts [4. 115f.], contracts governing transfer of use (μισθώσεις, misthṓseis [3. 141; 4. 122]) and arrhal contracts connected with παράδοσις ( parádosis), bebaiosis signifies the undertaking by the previous owner to the new owner not to interfere with the latter's acquired right of possession (in the papyri: μὴ ἐπελεύσεσθαι, mḕ epeleúsesthai), and to defend that right against third parties [1. 357, 360, 444]. In the event that t…

Despoteia

(167 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Δεσποτεία; Despoteía). In Greek ‘rule’ (from δεσπότης, despótēs, lord) did not initially have a specific legal meaning. The expression referred to the relationship in which the lord ruled over his slaves based on tradition (Aristot. Pol. 1253b) or in the political sense to despotism (Pl. Leg. 698a). Despoteia first appeared in Ptolemaic papyrus documents as the power of disposal possessed by the owner (BGU 1187,32, 1st cent. BC), together with the term kyrieía already used in the Greek city states. It was only in Roman Egypt that despoteia became a permanent compon…

Eisangelia

(221 words)

Author(s): Thür, Gerhard (Graz)
[German version] (εἰσαγγελία; eisangelía). In Athens, eisangelia, in the technical sense, refers to a type of public complaint in criminal matters from Solon's times (Aristot. Ath. Pol. 8,4.). Eisangelia designates the statement of claim (Lycurg. 34,137) as well as the proceedings it institutes. The charges were submitted in writing and argued in detail. The proceedings went through a series of changes over the course of time. Originally, they were designed for criminal acts not covered by the laws. Later, the criminal act…

Epidikasia

(203 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐπιδικασία; epidikasía). In Athens, the legitimate natural sons of the testator or those adopted during his lifetime (  eispoíēsis ) could claim their inheritance through the simple act of   embateúein , but outside heirs needed an epidikasia decree from the archon to do so ( Archontes [I]). This arrangement, similar to the granting of the Roman   bonorum possessio , authorised the applicant to come into the inheritance, but did not exclude the possibility of a later court decision regarding the right of succession of another pretender (  diadikasía ). Similarly, the   e…
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