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Zweckverfügung

(347 words)

Author(s): Thür, Gerhard (Graz)
[German version] A term used in modern scholarship, from Ancient Greek law. Hans Julius Wolff (1902-1983; obituary [4]) discovered in the contract law of the Greek poleis and Hellenism a fundamental doctrinal concept, which departs in essential respects from modern conceptions modelled on Roman law: it is not the consensus between the parties to an agreement that creates the right to claim on the part of the 'creditor' and the liability on the part of the 'debtor', but, indirectly, the felony of injury (βλάβη/ blábē) against the creditor’s assets occasioned by the debtor’s beha…

Lipomartyriou dike

(315 words)

Author(s): Thür, Gerhard (Graz)
[German version] (λιπομαρτυρίου δίκη; lipomartyríou díkē). Law suit on account of failure to provide a witness statement. The procedural testimony ( martyría ) consisted in the Greek poleis of a statement pre-formulated by the plaintiff or the defendant that was pronounced to the witness in the procedure and which the latter confirmed by his very appearance before the court. When a witness was summoned privately by a procedural party (καλεῖν, kaleîn, Pl. Leg. 937a, PHalensis 1,222f., IPArk 17,12; προσκαλεῖν, proskaleîn, Dem. Or. 49,19), he had two options: either he refuse…

Paragraphe

(303 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παραγραφή/ paragraphḗ, derived from παραγράφειν ( paragráphein, 'write beside') describes various institutions in Greek legal language. Specifically in the law of Athens, those accused, who claimed that they had been proceeded against in contravention of the 403/02 BC amnesty (see Triákonta ), had, on the basis of a law introduced by Archinus, the opportunity of adding to the statement of claim, that the díkē [2] ' was not maintainable' (μὴ εἰσαγώγιμον εἶναι, mḕ eisagṓgimon eînai; Isocr. 18,2f.). Subsequently, in separate proceedings, the dikastḗrion [2] had t…

Hypeuthynos

(93 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ὑπεύθυνος; hypeúthynos) is used in the penal provisions of Greek decrees to mean ‘liable, owing’ (context: payment of monetary fines, e.g. IPArk 11,37), in Athens specifically for ‘accountable’. Every Athenian holding an office had to submit to an accountability process when his term had expired (εὔθυναι,   eúthynai ) before the completion of which he could not leave the country or dispose of his assets. In the Egyptian papyri, hypeuthynos simply means ‘required to make payment’. Thür, Gerhard (Graz) Bibliography A. R. W. Harrison, The Law of Athens 2, 1971, 208-211 I…

Phasis

(683 words)

Author(s): von Bredow, Iris (Bietigheim-Bissingen) | Thür, Gerhard (Graz)
(Φάσις; Phásis). [German version] [1] River in the southwestern Caucasus River in the southwestern Caucasus that flowed into the Pontos Euxeinos near Ph. [2], present-day Rioni. Its estuary shifted several times, resulting in the growth of the mainland (cf. Str. 1,3,7). An ocean bay at the estuary of the P. is mentioned by Ptol. 5,10,1. The P. is first mentioned by Hesiod (Hes. Theog. 337-344). It was navigable over a course of 180 stadia (Ps.-Scyl. 81). The river's upper course was a rapid mountain strea…

Politeuma

(125 words)

Author(s): Thür, Gerhard (Graz)
[German version] (πολίτευμα/ políteuma). As well as meaning 'government' and 'form or constitution of a state', politeuma denoted, particularly in the Seleucid kingdom and Ptolemaic Egypt, affiliations among compatriots, e.g. the minority populations of Macedonians, Greeks, Persians and Jews, who had some degree of self-government and independent jurisdiction. After the disappearance of the ethnic components, politeuma still denoted an elite of the privileged classes. Thür, Gerhard (Graz) Bibliography M. Th. Lenger, Corpus des Ordonnances des Ptolémées, 21980, XVIIIf.  J.…

Agamiou dike

(139 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀγαμίου δίκη; agamíou díkē). In Sparta a criminal action which could be raised by anyone against someone who after reaching a certain age had not married (Plut. Lyc. 15). By means of this action an indirect compulsion to marry was exercised, as the transgressor was threatened with partial cancellation of citizen's rights. The charge may have occurred elsewhere in the domain of Doric law (cf. Str. 10,482), but there is no evidence of it in Athens. If Plato's intention (Lg. 721b; 774a…

Apagoge

(135 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀπαγωγή; apagōgḗ). ‘Taking away’ was a drastic, speedy procedure in criminal cases in Athens. In its original form it permitted two categories of criminals (κακοῦργοι and ἄτιμοι, kakoûrgoi and átimoi), if caught in the act, later also where the facts of the case were obvious, to be taken away to prison and if they confessed to be punished immediately, or otherwise to be kept in custody and handed over to the court. Responsibility lay partially with the Eleven and partially with the thesmothetai. The penalty was death. Later written charges of the same name cou…

Codex Hermopolis

(329 words)

Author(s): Thür, Gerhard (Graz)
[German version] This name has been given to a papyrus scroll of 2 m in length discovered by S. Gabra in Tuna-el-Gebel, which contains 10 columns of a legal text in the Demotic language. The text dates from the 1st half of the 3rd cent. BC, but individual regulations could reach back to the time of the pharaohs; in POxy 46,3285 two fragments of a Greek version have survived, dating to the 2nd half of the 2nd cent. AD. Viewed in today's terms, the content can be divided into four sections: 1. Land …

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

Timetai dikai

(211 words)

Author(s): Thür, Gerhard (Graz)
[German version] (τιμηταὶ δίκαι/ timētaì díkai). Legal processes at Athens which, having completed the ballot on the issue of conviction, had to undergo a further 'assessment procedure' ( timetos agon ). In private cases concerning money ( dike [2]), it was the rule, in public cases ( eisangelia , graphe [1]) the exception. Recorded as TD are: the dike epitropes ( epitropos [2]), dike klopes ( klope ), aikeias dike , exhaireseos dike , pseudomartyrion dike , lipomartyriou dike , kakotechnion dike , biaion dike , exoules dike , blabes dike ([4. 98 f.] assumes fixed …

Daneion

(318 words)

Author(s): Thür, Gerhard (Graz)
[German version] (δάνειον; dáneion). The  loan, limited assignment of fungible goods (in kind or money) was an everyday way of doing business throughout the regions inhabited by the Greeks. It took place between private individuals as well as in public life. The lenders were often banks or temples and the borrowers often states, which often also owed debts to private individuals (e.g. IG VII 3172: Orchomenus is indebted to Nicareta). This practise was generally known as daneion, but sometimes   chrḗsis was used; the   eranos loan is a special type. The daneion was set up with a fixed r…

Kakosis

(229 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κάκωσις; kákōsis), literally ‘bad treatment’ of people requiring special assistance. In Athens there were three such groups: 1. parents, 2. orphans, 3. heiresses ( epikleros ), Aristot. Ath. Pol. 56,5. Since the persons affected were not able to defend themselves on their own, every citizen had the opportunity to call the offender to account through graphe , eisangelia or phasis without themselves risking a lawsuit. Whoever refused to support and to house their parents or grandparents (including adoptive parents), stru…

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…

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…

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…

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…

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…

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…

Diomosia

(281 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Διωμοσία; Diōmosía). At least from the time of Dracon (before 600 BC) Athenians of both parties and their helpers (witnesses) were obliged to swear a solemn oath, the diomosia, to the archon basileus during the official preliminary hearings ( prodikasíai) for murder trials. The prosecutor swore (while calling upon the goddesses of revenge and other deities) to his right of prosecution at the risk of his own person, lineage, and house, and to the fact that the defendant really had committed the crime (Antiph. 6,16; Dem…
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