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Classicism

(1,558 words)

Author(s): Riemer, Peter (Potsdam) | Schiemann, Gottfried (Tübingen)
I. Literary history [German version] A. General Classicism, a term formed early in the 19th cent. analogous and antithetically to ‘Romanticism’, initially means the same as the later neologism ‘classical period’: ‘highest perfection’, which was first attested in 1887 [1. 154] and in both English and French is still recognizable in the remaining ambivalence of the term classicism, especially in the contrast of ‘classicism/neo-classicism’ or ‘classicisme/néoclassicisme’ [2. 3, 5f.]. However, in the typol…

Mora

(998 words)

Author(s): Burckhardt, Leonhard (Basle) | Schiemann, Gottfried (Tübingen)
(μόρα; mόra). [German version] [1] Division of the Spartan army In the Spartan army no later than from 403 to 371 BC mora was the usual term for the six largest divisions of the infantry and cavalry assigned to it (Xen. Lac. pol. 11,4; Xen. Hell. 2,4,31; 4,5,3-19; Diod. 15,32,1). Each mora was commanded by a polémarchos   (Xen. hell. 4,4,7; 5,4,51), had a required strength of more than 1,000 men and was organised into lochoi ( lóchos). Burckhardt, Leonhard (Basle) Bibliography 1 J.F. Lazenby, The Spartan Army, 1985, 5ff. [German version] [2] Default in Roman law Default in Roman law. Schiemann…

Law, codification of

(1,176 words)

Author(s): Hengstl, Joachim (Marburg/Lahn) | Schiemann, Gottfried (Tübingen)
[German version] I. Ancient Orient Codification of law, in the sense of the comprehensive and conclusive regulation of a major and more or less finite subject area, must be discounted for pre- and extra-Roman cultures, regardless of all ancient pronouncements (Egypt: Diod. Sic. 1,95,4f.; Greece: Aristot. Ath. Pol. 2,1273a 35 - 1274b 25) and modern discussions (‘Law of Ḫammurapi’: [11; 13]; Achaemenid empire: [4; 14; 16]) (see the articles in [5]; also [6; 13]). The collection, systematization or uni…

Robbery

(1,088 words)

Author(s): Hengstl, Joachim (Marburg/Lahn) | Schiemann, Gottfried (Tübingen)
[German version] I. General Robbery is the appropriation of a moveable object belonging to another with violence against that person or by the use of threats with present danger to life and limb and with intent to appropriate the object in contravention of the law (§ 249 German Criminal Code). In law, robbery is a combination of theft and duress. In the popular mind of today, robbery is regarded as a more serious offence than simple theft. However, in ancient legal systems and until the Middle Ages, theft (by stealth) was seen as worse than (public and violent) dispossession. Hengstl, Joachi…

Pledge, law of

(1,278 words)

Author(s): Renger, Johannes (Berlin) | Schiemann, Gottfried (Tübingen)
[German version] I. Ancient Orient The requesting of a surety to secure a contract is documented in the laws of the Ancient Orient to varying degrees. Requiring a pledge plays a large role in debt trials in agrarian societies. For example, if tenants were in arrears with their obligations, the forfeiting of a personal surety often led to debt-bondage [1; 2; 15. 179f.] with the resultant negative consequences for the social balance of a society ( Leasehold I.). The requesting of a pledge has been documented in cuneiform legal texts by documents of varying complexity from t…

Purchase

(1,351 words)

Author(s): Schiemann, Gottfried (Tübingen) | Neumann, Hans (Berlin)
[German version] I. Introduction After the supersession of the concept that the ideal economic form was an autarkic entity of production and consumption not depending upon trade (e.g. the Homeric oîkos), and after the invention of means of payment - whether in the form of unstamped precious metals or coins - purchase, i.e. the exchange of goods for money, was a self-evident element of ancient societies. In spite of its presumably general distribution, however, purchase was underdeveloped in terms of legal provision. Laws and…

Status

(1,436 words)

Author(s): Walde, Christine (Basle) | Schiemann, Gottfried (Tübingen) | Eder, Walter (Berlin)
(lit. 'standing', 'condition', 'position'). [German version] [1] In rhetoric (Rhetoric). The Latin rhetorical term status (Quint. Inst. 3,6,1; Cic. Top. 25,93) or constitutio (Quint. Inst. 3,6,2: 'ascertainment' i.e. of the point in dispute) equates to the Greek στάσις/ stásis (Quint. Inst. 3,6,3; Cic. Top. 25,93; Isid. Orig. 2,5,1). Walde, Christine (Basle) [German version] A. Definition In the rhetorical system (Rhetoric), status ('standing of the matter of dispute') was the determination, arrived at by a series of questions ( summa quaestio, 'crucial question': Quint. I…

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…

Fides

(1,654 words)

Author(s): Prescendi, Francesca (Geneva) | Schiemann, Gottfried (Tübingen) | Büchli, Jörg (Zürich)
[German version] I. Religion F. is the cultically venerated personification of faith and veracity [1]. According to Varro (Ling. 5,74), she had been adopted in Rome from the Sabini; her cult is still in evidence at the end of the 2nd cent. AD (Tert. Apol. 24,5). F. is depicted as a woman, her head adorned with a garland or veil, dressed in a   chitṓn and péplos [2]. She appears frequently in poetry, but rarely in prose. She was considered to be a very ancient deity (Sil. Pun. 1,329f.; 2,484ff.) and therefore referred to as cana (Verg. Aen. 1,292). According to Agathocles Perì Kyzíkou (Fest. 328 L…

Surety

(967 words)

Author(s): Neumann, Hans (Berlin) | Schiemann, Gottfried (Tübingen) | Meissel, Franz-Stefan (Vienna)
[German version] A. Ancient Near East There is evidence of personal (corporal) liability through surety (especially standing surety for another, rarely for oneself) as a means of guaranteeing a contract in Mesopotamian cuneiform texts from the mid-3rd millennium BC [2. 253] into the Hellenistic period [3. 64-69], using different terminologies and in different forms. The Gestellungsbürgschaft ('surety of appearance') was common (promise of the guarantor to deliver the debtor to the creditor for enforcement). In the late Babylonian (6th-4th cents. BC) Stillesitzbürgschaft ('s…

Subscriptio

(1,214 words)

Author(s): Schiemann, Gottfried (Tübingen) | Gamillscheg, Ernst | Caldelli, Elisabetta (Cassino)
('subscription, signature'). [German version] I. Ancient legal documents The 'subscription/signature' (Gk. ὑπογραφή/ hypographḗ, Lat. subscriptio.) is an element of ancient documents. From the 2nd cent. BC onwards, private documents on papyrus in Egypt were given a signature ( hypographḗ). This probably not only consisted of the mark or full written name, but also contained a brief recapitulation of the most important content of the document, e.g. the admission of owing a certain amount of money. Thus the debtor indicated his awareness of the obligation assumed. However, the subsc…

Documents

(6,763 words)

Author(s): Hengstl, Joachim (Marburg/Lahn) | Schiemann, Gottfried (Tübingen) | Gröschler, Peter
I. General [German version] A. Term In legal terms, a document is a written declaration regarding a legal transaction. In modern opinion it is a declaration of intent in a suitable written form that is intended to provide proof in legal transactions and that permits recognition of the issuing party (e.g., [2; 8]). In general, documents include all non-literary and partially literary texts (exceptions are, e.g., poetry and amulets), i.e., apart from business documents, trial and administrative document…

Wills and testaments

(3,807 words)

Author(s): Hengstl, Joachim (Marburg/Lahn) | Schiemann, Gottfried (Tübingen) | Manthe, Ulrich (Passau)
[German version] [1] (Religion) see Bible; Christianity; New Testament Apocrypha; Septuagint; Testamentary literature; Vulgate (Religion) see Bible; Christianity; New Testament Apocrypha; Septuagint; Testamentary literature; Vulgate Hengstl, Joachim (Marburg/Lahn) [German version] [2] History of law (History of law) Hengstl, Joachim (Marburg/Lahn) [German version] I. General Testament (from the Latin testamentum in the sense of the final will made before witnesses; see below IV.) denotes a unilateral 'last will and testament' (or, in common E…

Punishment, Criminal law

(1,758 words)

Author(s): Neumann, Hans (Berlin) | Römer, Malte (Berlin) | Schiemann, Gottfried (Tübingen)
[German version] I. Ancient Near East The Sumerian-Akkadian terminology regarding punishment and criminal law implies that in Mesopotamia, this was already understood to be a consequence of mischief [1. 77 with note 35], directed either against the divine order [2] or the (state-sanctioned) political and social structures [3]. The same is true of Egypt [4. 68]. There was no distinction between civil and criminal law in the modern sense. The relationship between private law and so-called public law (an…

Civil law

(3,179 words)

Author(s): Hengstl, Joachim (Marburg/Lahn) | Witthuhn, Orell (Marburg) | Schiemann, Gottfried (Tübingen)
I. Ancient Orient [German version] A. General The term civil law (CL), which is derived from Roman law, covers the legal position of individuals in legal transactions and with respect to family and society. Depending on the definition, family and inheritance law are part of CL.  Legal texts in cuneiform -- as opposed to mature Roman law -- as a pre-scientific legal system are legal institutions derived from practice -- the modern categories used here are anachronistic. Sources and preliminary work on t…

Edictum

(1,697 words)

Author(s): Willvonseder, Reinhard (Vienna) | Paulus, Christoph Georg (Berlin) | Noethlichs, Karl Leo (Aachen) | Schiemann, Gottfried (Tübingen)
[German version] [1] Public announcement by magistrates Edictum (from edicere) is a binding public announcement by Roman office bearers (  magistratus ), which presented either concrete orders or a ‘governmental agenda’ [1. 58] for the coming term of office. The word suggests an originally oral announcement [2. 178], but the historically documented form is a recording on an   album (‘white wooden plate’) at the magistrate's office. Literary tradition refers to edicts by   consules ,   aediles ,   praetores , provincial governors, tribuni plebis (  tribunus ),   censores
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