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Desmoterion

(438 words)

Author(s): Thür, Gerhard (Graz)
[German version] (δεσμωτήριον; desmōtḗrion). In Athens at the market (on location [1]) there was a prison (Dem. Or. 24,208f.) that owed its name to the fetters, δεσμά ( desmá) that were put on the prisoners usually in the form of chains and shackles. The places of detention were not safe from breakouts in other cities either. The supervisory authority, in Athens the Eleven, decided the nature of custody (in chains, permission for visits). Prisoners were always held with others and imprisonment was not imposed as punishment but to secure the accused, condemned and state debtors. The desmote…

Dikastes

(179 words)

Author(s): Thür, Gerhard (Graz)
[German version] (δικαστής; dikastḗs). In the Greek city states lay persons rather than professional judges were appointed to the   dikastḗrion . Dikastes is therefore best translated as ‘juror’. Any male citizen of more than 30 years of age and of blameless reputation could register in Athens as a dikastes. As an ‘identification’ he was given a small tablet that bore his name and each year he had to swear the ‘Heliastic oath’ that he would vote according to the law (Dem. Or. 24, 149-151). The dikastes was paid for the day that he was in court (  dikastikòs misthós ). Whoeve…

Enepiskepsis

(102 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐνεπίσκηψις; Enepískēpsis). In Athens, when property was confiscated (  dḗmeusis ,   dēmióprata ) a third party was able to claim that a particular part of the assets belonged to him or was mortgaged to him. If he objected, by using the form of an enepiskepsis, there would be a   diadikasía between him and the person initiating the confiscation (  apographé ) in which it was determined if the state debtor ‘owed’ cession of the asset parts to the third party (Dem. Or. 49,45ff.; Hesperia 10, 1941, 14). Thür, Gerhard (Graz) Bibliography A. R. W. Harrison, The Law of Athens II…

Katachorizein

(114 words)

Author(s): Thür, Gerhard (Graz)
[German version] (καταχωρίζειν; katachōrízein). Generally ‘classify’, also military, in official Hellenistic language specifically ‘register, enter in a list’. Thus, for example, in the Greek motherland, simple popular decisions (esp. honours) were protected against repeal by ‘entering’ them formally among the laws. In Roman Egypt, katachorizein might describe any entry in a list, especially important being the incorporation of a copy of the document in the bibliothḗkē enktḗseōn ( Land register). Katachorizein could also signify a legal action against unknown offe…

Cheirographon

(108 words)

Author(s): Thür, Gerhard (Graz)
[German version] (χειρόγραφον; cheirógraphon), literally ‘handwriting’ (handwritten note). Along with the   syngraphe the most common form of private document in the Egyptian papyri. Entering the Roman world from the 3rd/2nd cents. BC onwards, the cheirographon tends towards the style of the private letter, and is not restricted to any particular type of transaction. Witnesses were a customary feature. The cheirographon would usually be in the hands of the person authorized by it. In the Roman period, the cheirographon could by δημοσίωσις ( dēmosíōsis: incorporation in an offi…

Katalysis

(183 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κατάλυσις; katálysis). Literally the ‘dissolving’ of the constitution (τοῦ δήμου, toû dḗmou), meaning high treason, which could be persecuted by any citizen in Athens either through graphḗ or eisangelía . It is contested whether an eisangelía of this sort goes back to Solon (6th cent. BC) and was judged by the Areopagus (Aristot. Ath. Pol. 8,4). According to the council's oath transmitted in Dem. Or. 24,144, the boulḗ had the right to intervene in the katalysis. After the law on eisangelía was revoked in 411 BC (Aristot. Ath. Pol. 29,4), katalysis was regulated in det…

Prorrhesis

(120 words)

Author(s): Thür, Gerhard (Graz)
[German version] (πρόρρησις/ prórrhēsis, literally 'proclamation'). Prorrhesis is originally a means of blood feud against somebody accused of a bloody deed. If somebody is addressed publicly as a murderer (Homicide) by somebody who according to Draco's Law is justified in blood feud (IG I3 104,20-33; Dem. Or. 42,57), he has to stay away from the Agora and all sacred sites until the case ( phónos ). In all there were three occasions for prorrhesis: at the grave of the victim, in the Agora and by way of the basileus (C.) (Aristot. Ath. Pol. 57,2). Only the last had t…

Timetos agon

(222 words)

Author(s): Thür, Gerhard (Graz)
[German version] (τιμητὸς ἀγών/ timētòs agṓn, 'legal action with assessment'). In Athens every case to be decided by a dikastḗrion was either 'non-assessable' or 'assessable'. In the first case ( atímētos agṓn ), by statute a particular sanction, whether the death penalty, banishment or a fixed fine, was linked to the verdict; in the second case ( timētaì díkai ) after deciding the verdict, if it was ìaffirmed the jury had to agree again, i.e. on the extent of the punishment or on the amount of the sum adjudicated. In their 'assessment' (τίμησις/ tímēsis) the jury could only side with o…

Antigraphe, -eus

(319 words)

Author(s): Thür, Gerhard (Graz)
(ἀντιγραφή, -εύς; antigraphḗ, -eús) The expression, like all litigation terms in Greek law not formulated by jurists, is imprecise [1]. It can mean: [German version] 1. Counterplea a) in the sense of a defendant's written counterplea, submitted by the defendant to the authorities responsible for the preliminary examination. He had to swear to the accuracy of the allegations contained in it right at the beginning of the ἀνάκρισις ( Anakrisis) (Poll. 8,58; Demosth. 45,46; 45,87, therefore the expression ἀντωμοσία ( Antomosi…

Menysis

(199 words)

Author(s): Thür, Gerhard (Graz)
[German version] (μήνυσις; mḗnysis). A ‘charge’ or ‘application’ in certain criminal proceedings The Greek polis functioned on initiatives of private citizens. In criminal law, too, the principle for accusations was considered to be 'no plaintiff, no judge'. In cases of high treason and blasphemy, which endangered the state, the Athenians nevertheless found ways of compensating for the lack of an official public prosecutor. Thus, in special cases state investigative commissioners (ζητηταί, zētētaí) were appointed and in others a reward was offered to encourage the lodging of a men…

Arrha, Arrhabon

(468 words)

Author(s): Thür, Gerhard (Graz)
[German version] A security, especially in relation to purchases. On the model of ancient oriental laws (cf. Gn 38,17), the Greek ἀρραβών ( arrhabṓn) represents a requirement to establish liability. The usual token of personal liability was a ring. Its symbolic meaning was soon accompanied by a financial function: breach of contract on the part of the giver of the arrha/arrhabon resulted in the latter's being retained by the recipient (the security functions as a forfeit); breach of contract on the part of the recipient rendered him liable to return the arrha/arrhabon or usually a mul…

Apokeryxis

(144 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀποκήρυξις; apokḗryxis). In Athens legal right of inheritance of the legitimate sons was compulsory. Disinheritance was not possible. The father could, though, renounce a son during his lifetime by apokeryxis and in this way exclude him from the inheritance (Demosth. 39,39; Aristot. eth. Nic. 1163b; see also Pl. Leg. 928d-929d). A similar provision is found in the law code of Gortyn IC IV 72 col. XI 10-17. Parallel manifestations in ancient oriental legal sources (Cod. Hammurabi 168 f.; 191) cannot be taken as models. Diocletian forbids apokeryxis (Cod. Iust. 8,4…

Pharmakeia

(166 words)

Author(s): Thür, Gerhard (Graz)
[German version] (φαρμακεία; pharmakeía). The giving of a medical drug, magic potion or poison ( phármakon). In Athens, if someone personally administrated it and this resulted in a citizen's death, a δίκη φόνου ( díkē phónou, 'murder charge'; phónos ) could be brought , which was decided by the Áreios págos (Dem. Or. 23; or. 24; Aristot. Ath. Pol. 57,3). In the case of premeditated killing, the punishment was death, otherwise exile. Plato differentiates between the pharmakeia of doctors and sorcerers on the one hand and that of laymen on the other (Pl. Leg. 932e-933e).…

Syndikos

(489 words)

Author(s): Thür, Gerhard (Graz)
[German version] (σύνδικος; sýndìkos), literally 'co-litigant'. A person who appears in court conjointly with another. In Athens, the synḗgoros who intervened on behalf of a private person was often referred to as syndikos as well [5. 43-45]. Both groups were the targets of schadenzauber ('harmful magic' or binding spells; defixio ) [5. 65]. S ýndikoi (always five in Athens) became necessary when alliances of people such as a polis, demos or cultic community acted in court. The public assembly ( ekklēsía) elected five syndikoi at a time to defend the validity of a law in a paranómōn grap…

Argias graphe

(71 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀργίας γραφή; argías graphḗ). After Draco (before 600 BC), probably to preserve households with considerable land property, had issued a law against idleness and had threatened it with   atimia , Solon (594/3 BC) made the action into a public one, reduced the punishment to a fine and implemented atimia only on the third conviction. Thür, Gerhard (Graz) Bibliography E. Ruschenbusch, Unt. zur Gesch. des athenischen Strafrechts, 1968, 50 f.

Diamartyria

(282 words)

Author(s): Thür, Gerhard (Graz)
[German version] (διαμαρτυρία; diamartyría). A ‘testimonial decision’, an archaic procedure different from normal witness evidence: based on the testimony of one or more witnesses, it was an act with formal determining powers, which in Athens was predominantly admissible in administrative proceedings in respect of inheritance. Such proceedings were initiated by someone with a claim to the estate who was not one of the direct heirs. He would apply for the assignment of the estate (  epidikasía ). A direct heir would then appear as respondent, and suppl…

Graphe

(291 words)

Author(s): Thür, Gerhard (Graz)
(γραφή; graphḗ). [German version] [1] Statement of complaint Literally ‘script’, in adjective law in Greek poleis graphe generally had the meaning ‘statement of claim’ (Dem. Or. 45; 46; cf. also IPArk 17; 114/5; 178 from Stymphalus and SEG 27, 545, 27 and 33 from Samos). Especially in Athens graphe was used in the actual sense of ‘complaint document’ that each blameless citizen (ὁ βουλόμενος, ‘each person who wishes’) could lodge against persons who harmed certain public interests, whilst a party whose rights had been infringed in a private sense could defend himself with   díkē [2]. Thi…

Katengyan

(142 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κατεγγυᾶν; kateggyân). ‘To require guarantors from defendant for his appearance at court’. In Athens, this was possible in private cases against non-citizens (Dem. Or. 32,29; Isoc. Or. 17,12; Lys. 23,9) brought before the árchōn polémarchos. Otherwise, the defendant was arrested. Citizens could be subject to the same in proceedings opened by apagōgḗ , ephḗgēsis (request before a magistrate for the arrest of a delinquent) or éndeixis . In cases of freedom, the person claiming the contested person as a slave could demand katengyan from his opponent who was in de…

Phonos

(410 words)

Author(s): Thür, Gerhard (Graz)
[German version] (φόνος; phónos). Homicide. In Greek law the nearest relatives could originally carry out a blood fued as a result of phonos. Due to the strengthening of the polis and in Athens, in any case since Draco (end of 7th cent. BC), they were limited to a private lawsuit ( díkē ) as a result of phonos. This lawsuit was brought before the basileús (I.C.), solemn oaths ( diōmosía ) were sworn in three pre-hearings by the parties and witnesses. The adjudication, according to the severity of the crime, was made in the court sessions which met on various cult sites ( dikastḗrion A.I.). Draco …

Kadiskoi

(127 words)

Author(s): Thür, Gerhard (Graz)
[German version] (καδίσκοι; kadískoi). Urns used in the courts of Athens ( dikasterion) to receive the votes of the jury, referred to as ἀμφορεῖς ( amphoreís) by Aristot. Ath. Pol. 68,3. In the 4th cent. BC, each judge had two bronze voting stones (ψῆφοι; psḗphoi), one with a hollow bore for a verdict of guilty, the other solid for a verdict of not guilty (ibid. 68,4). He declared his decision by throwing one psêphos into the ‘valid’ bronze urn, the other into the wooden urn. The vote in inheritance cases ( diadikasia ) was probably not secret as it was in other case…
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