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Dikaspolos

(74 words)

Author(s): Thür, Gerhard (Graz)
[German version] (δικάσπολος; dikáspolos). In the Homeric epics this term applied to a king or geron (member of the council of elders) in the role of judge or magistrate (Il. 1,238). Wielding a sceptre he would deliver the judgement (θέμιστες, thémistes) coming from Zeus. It depends on one's theory about the course of a lawsuit (  dikázein) how this is to be imagined in practice. Thür, Gerhard (Graz) Bibliography M. Schmidt, LFE 2, 1991, 302.

Heliaia

(302 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἡλιαία; hēliaía). 1. Derived from ἁλίζω ( halízō, ‘assemble’), heliaia originally means simply ‘assembly’. In the Doric area this expression survived for the public assembly [1. 32ff.] and in Arcadia for a committee, of probably fifty people, which made political and legal decisions (IG V 2,6A 24 and 27; 3,20 = IPArc nos. 2 and 3, both from Tegea [2. 36f]). 2. In Athens, according to Aristot. Ath. Pol. 9,1 (cf. on this [3. 160]), in opposition to judicial decisions by the archons, Solon introduced the   éphesis to the heliaia, at that time either the entire public…

Epobelia

(108 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐπωβελία; epōbelía). Athenian law stipulated that in some private law proceedings, the losing plaintiff had to pay a fine equivalent to a sixth of the sum in dispute ─ i.e. an   obolos to the drachma (hence epobelia) to the defendant for wilful litigation. The same applied to litigants who were unsuccessful in a   paragraphḗ or who lost an appeal against a   diamartyría , but in this instance only if they had not even succeeded in securing the support of one fifth of the judges' votes for their case (Isoc. Or. 18,12). Thür, Gerhard (Graz) Bibliography A. R. W. Harrison, The Law…

Kataballein

(46 words)

Author(s): Thür, Gerhard (Graz)
[German version] (καταβάλλειν; katabállein). Any method of making a monetary payment, or paying for other services. Plentiful evidence from public life in [1]. Payment of legal fees in IPArk 17,42 (=IG V 2,357). Thür, Gerhard (Graz) Bibliography 1 J. Oehler, s.v. K., RE 10, 2357f..

Antomosia

(95 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀντωμοσία; antōmosía) was in Greece, in particular in Athens, an oath, which both parties had to make in the preliminary examination or in the main proceedings, probably a relic from archaic legal procedure. By means of the antomosia the truth of the plaint and the answer to the plaint was substantiated in advance. Therefore the name also extended to the pleas ( Antigraphe). The antomosia was not adopted by Plato (Leg. 948d). Thür, Gerhard (Graz) Bibliography A. R. W. Harrison, The Law of Athens I, 1971, 99 f. G. Thür, Greek Law, ed. by L. Foxhall, 1996, 63 f.

Kakourgoi

(134 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κακοῦργοι; kakoûrgoi). Generally ‘malefactors’ but in Athens criminal offenders listed in a specific law: night thieves, thieves of clothing, kidnappers, burglars, and pickpockets. When they were caught in the act, anybody could take action against these mostly lower-class criminals through private arrests ( apagoge ), and could bring them before the Eleven ( Hendeka ). The latter immediately ordered the execution of the criminal if he confessed. Anybody who could plausibly deny the crime was brought before the co…

Epitropos

(765 words)

Author(s): Rathbone, Dominic (London) | Thür, Gerhard (Graz)
(ἐπίτροπος; epítropos). [German version] [1] Alongside a great number of other titles, this was the term generally used for a steward who supervised the management of an estate on behalf of the (generally absent) owner. The duties of an epitropos as well as the degree of independence in decision-making varied from case to case, but, as a rule, it was his duty to supervise the workforce, to purchase supplies required for the estate, to sell surplus agricultural produce, and to be accountable to the estate owner. For that reason, he ha…

Dekasmou graphe

(155 words)

Author(s): Thür, Gerhard (Graz)
[German version] (δεκασμοῦ γραφή; dekasmoû graphḗ). In Athens the charge of active corruption of judges (Dem. Or. 46,26; see also Poll. 8,42; Harpocr. s.v. Δ. γ.). It concerned the offering of inducements to the chairman of a court, a member of a jury committee, the council or the people's assembly in the context of a legal case before them, to manipulate or decide the case to the advantage or disadvantage of a participant. The offence of dekasmou graphe was more precise than that of passive corruption (  dṓrōn graphḗ ), to which bearers of office were exposed irr…

Dikastikos misthos

(308 words)

Author(s): Thür, Gerhard (Graz)
[German version] (δικαστικὸς μισθός; dikastikòs misthós). Daily payment for Athenian jurors from the mid 5th cent. BC (Aristot. Ath. Pol. 2,2). In early Athenian democracy the principle of democratic equality of all citizens applied. Increasing economic and social inequality resulted in only the economically independent citizens, i.e. the wealthy part of the population, being able to participate in courts while the less wealthy and poor citizens, especially the rural population, could not abandon the…

Loidoria

(67 words)

Author(s): Thür, Gerhard (Graz)
[German version] (λοιδορία; loidoría). Greek ‘invective’, originally perhaps ‘blasphemy’ (Pind. Ol. 9,37). Solon already made ‘speaking badly’ a punishable offence (fr. 32f. Ruschenbusch); in the 4th cent. BC this element of an offence included insult through the use of certain enumeratively listed words ( kakēgoría ). Thür, Gerhard (Graz) Bibliography R. W. Wallace, The Athenian Law against Slander, in: G. Thür (ed.), Symposion 1993, 1994, 109-124.

Hemiolion

(148 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἡμιόλιον; hēmiólion), literally ‘one and a half times’. Hemiolion refers to a supplementary charge of 50% of a monetary or goods service (calculated by multiplying the basic amount by one and a half). In the Hellenistic and Roman periods the hemiolion stereotypically appeared in the penalty clauses of private contracts as a fine for non-fulfilment (frequently in addition to interest), both in the papyri of Egypt and in the few documents extant elsewhere. The hemiolion had replaced the diploûn (διπλοῦν, double) of the older contractual clauses, as is well i…

Blood feud

(326 words)

Author(s): Thür, Gerhard (Graz) | Schiemann, Gottfried (Tübingen)
[German version] A. Greek law According to the oldest Greek traditions, the relative of someone who had been killed had a religious duty to obtain revenge with the blood of the killer. As the polis grew stronger, in Athens at any rate from the time of  Dracon (7th cent. BC), the relatives were limited to judicial pursuit of the killer through a δίκη φόνου ( díkē phónou: action for homicide). Even in the Classical Period this remained a private action. In Dracon's time the blood feud (BF) could be brought to an end by payment of monetary compensation (ποινή, poinḗ: wergeld) if those seeking re…

Exhaireseos dike

(170 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐξαιρέσεως δίκη; ex(h)airéseōs díkē). In Athens, anyone who claimed that someone else was his slave needed no special authority in order to ‘lead away’ (ἄγειν, ágein) the person concerned. A third party could then intervene and ‘free’ (ἐξαιρεῖσθαι or ἀφαιρεῖσθαι εἰς ἐλευθερίαν, ex(h)aireîsthai / aphaireîsthai eis eleutherían; Aeschin. in Timarchum 62; Demosth. Or. 59,40; Lys. 23,9) the captive with an act of formalized violence. The captor then had to free the captive, although only on receipt of surety, and could then proceed against the third party arguing exhair…

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…

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 …

Gortyn

(1,324 words)

Author(s): Sonnabend, Holger (Stuttgart) | Thür, Gerhard (Graz)
This item can be found on the following maps: Theatre | Christianity | Dark Ages | Grain Trade, Grain Import | Hellenistic states | Hellenistic states | Crete | Apollo | Limes | Macedonia, Macedones | Pompeius | Rome | Rome | Education / Culture [German version] I. Location One of the biggest and most important cities of Crete, in the Mesara plain on the river Lethaeus, between the villages of Agi Deka and Mitropolis, 16 km (Str. 10,4,7: 90 stadia) from the Libyan Sea, also transmitted as Gortyna and Gortyne. Sonnabend, Holger (Stuttgart) [German version] II. Historical development The earli…

Laographia, Laographos

(156 words)

Author(s): Thür, Gerhard (Graz)
[German version] (λαογραφία, λαογράφος; laographía, laográphos). From the Ptolemaic period onwards, censuses were conducted in Egypt ( laographíai: the people were ‘written down’). These took place from Augustus onwards on a 7-year cycle, and from Tiberius onwards every 14 years. In the Roman period, laographía also referred to the list compiled in the process of those liable for poll tax and the poll tax itself ( Taxes). Men between the ages of 14 and 60 were subject to it unless they were Roman citizens or citizens of privileged Greek p…

Amnestia

(252 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀμνηστία; amnēstía). Legally established relinquishment of accusation, reopening of proceedings, execution of judgement and carrying out of punishment as means of reconciling the contending parties after internal or external wars. Plutarch (Mor. 814b) mentions the Athenian amnesty decree of 403 BC τὸ ψήφισμα τὸ τῆς ἀμνηστίας ἐπὶ τοῖς τριάκοντα, while Aristotle (Ath. Pol. 39,6) and the orators Andocides (1,90), Isocrates (18,3) and Aeschines (2,176; 3,208) use the original phrasing ‘not to think badly’, μὴ μνη…

Ekecheiria

(64 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐκεχειρία; ekecheiría). Technical term for ‘armistice’, ‘court rest’, and the ‘divine peace’ as agreed upon by Iphitus of Elis and Lycurgus of Sparta for the games in Olympia (Plut. Lycurgus 1,2; Paus. 5,20,1), claimed by the other great festival locations as well. Thür, Gerhard (Graz) Bibliography StV II no. 185; III S. 414 (II A6)  L. Robert, Études Anatoliennes 2, 1937, 177ff.

Emporikai dikai

(109 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐμπορικαὶ δίκαι; emporikaì díkai). Commercial suits in Athens involving maritime imports and exports. Traders and shipowners were the parties but also foreigners and   métoikoi . The emporikai dikai could be brought on only in winter months when maritime traffic was resting. First they came under the jurisdiction of the nautodíkai, then the   eisagogeís and finally (Aristot. Ath. Pol. 59,5) under that of the   thesmothétai . Under the jurisdiction of the eisagogeís they had to be completed speedily within one month. Execution of the judgement was assu…

Enklema

(172 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἔγκλημα; énklēma). In general Greek usage ‘reproach’, in the laws of Athens ‘suit’ in civil trials, in the criminal law of Egyptian papyri ‘charge’. Before the law, which in Athens required written form for the court file (presumably 378/7 BC), the enklema was a verbal application to the head of the court (  dikastḗrion 3.) to open the trial, which included the name of the parties, the suit and, if provided, (in the   tímētos agṓn ), an estimate of the judgement sum. Written enklḗmata are preserved in Dem. Or. 37,22-32; 45,46, and imprecisely called   graphḗ

Prodosia

(172 words)

Author(s): Thür, Gerhard (Graz)
[German version] (προδοσία; prodosía). There is evidence of constant efforts to punish 'treason' ( prodosía) and 'high treason' ( katálysis toû dḗmou) in Athens. Prodosía is the infringement on the external security of the state, which could extend to the failure of recovering the corpses of the fallen or saving the shipwrecked (Battle of Arginusae, 406 BC; Xen. Hell. 1,7,22 and 32, where a law against temple-robbers and traitors is referred to). Later prodosía fell under the law on eisangelía , but often ad hoc decisions on prodosía were enacted (thus after the Battle of Chaero…

Apographe

(109 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀπογραφή; apographḗ) was in Athens any written statement in respect of an authority, especially the submission of a list of goods to be confiscated by the state. Subsequently the application for confiscation of the listed stock and the whole confiscation process were also called apographe [1]. Trial by jury, normally presided over by the Eleven Men, was responsible for the proceedings. In Egypt apographe meant a written notice to a public authority on property or personal status as well as an entry in the public land registry [2]. Thür, Gerhard (Graz) Bibliography 1 A. …

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 …

Hybris

(516 words)

Author(s): Heinze, Theodor (Geneva) | Thür, Gerhard (Graz)
(ὕβρις; hýbris). Ethical term for a behaviour that is deliberately dishonouring, including humiliating bodily infringements such as rape (authoritative definition: Aristotle Rh. 1378 b; Latin superbia). Etymologically, hybris is probably derived from Hittite huwap-: ‘to abuse’, the noun being * huwappar > * huppar [1]. Positive opposites:   aidṓs ,   díkē ,   eunomía ,   sōphrosýnē . [German version] I. General In early Greek literature, hybris appears within the much varied terminological chain of ólbos - kóros - hýbris - átē (‘wealth’ - ‘fullness’ - ‘arrogance’ - ‘ruin’; e.…

Kakogamion

(71 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κακογάμιον; kakogámion, literally ‘marrying badly’) was a punishable offence in Sparta (Stob. 66,16), or ‘it appears’ (Plut. Lysander 30,7) to have been prosecuted through dike , although clearly this did not entail a private complaint as in agamíou díke . It is unknown what offences committed by the husband counted as kakogámion or what punishments were imposed. Thür, Gerhard (Graz) Bibliography D. M. MacDowell, Spartan Law, 1986, 73f.

Aikeias dike

(101 words)

Author(s): Thür, Gerhard (Graz)
[German version] (αἰκείας δίκη; aikeías díkē). In Athens a private charge of assault and battery. It presupposed that the physical mistreatment had been perpetrated without intention of insult and that the defendant had attacked first (Demosth. 47,40; cf. PEnteuxeis 74; 79; PHalensis 1,115; 203 f.). The penalty, estimated by the plaintiff himself, was awarded to him if he succeeded in the proceedings. It was the only private action in Athens in which there were no court fees to pay. Thür, Gerhard (Graz) Bibliography A. R. W. Harrison, The Law of Athens II, 1971, 93 f. G. Thür, Beweisf…

Andrapodistes

(132 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀνδραποδιστής; andrapodistḗs). A person who made another person into a slave (ἀνδράποδον, andrápodon) was an andrapodistes (Aristoph. Equ. 1030; Lys. 10,10). The criminal act ἀνδραποδισμός ( andrapodismós) comprised two different criminal deeds. One consisted in that the perpetrator took possession of a free man by force or trickery (cf. for this Pl. Leg. 879a) to sell him into slavery (delict of freedom) and the other was directed against the owner of a slave and consisted in the theft of this slave for …

Asebeia

(112 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀσέβεια; asébeia). The Greeks punished violations of the reverence due to the gods. Theft from temples ( Hierosylia) was subject to particular sanction; desecration and mockery of divine objects were together treated as asebeia. In Athens, as a political measure, accusations of asebeia for irreverence towards the state gods were particularly levelled against natural philosophers and sophists. Their project of explaining the world and putting in question all traditional assumptions seemed to threaten the order of the sta…

Engye

(340 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐγγύη; engýē). Surety or bail, later also termed   engýēsis . Its oldest form, the hostage surety, can be seen in Hom. Od. 8,266-366. Therefore, the engye was a guarantee in case the main debtor did not fulfil his duty of repayment. The security consisted of access to the hostage, the ἔγγυος ( éngyos), provided to the creditor. Like a pawn, he became the creditor's who proceeded on his own if the guaranteed success did not materialize, hence also the post-verbal expression engye from ἐγγυάω ( engyáō) ‘to hand over’ as pledge [1]. In classical Greek law there was a…

Epikrisis

(121 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐπίκρισις; epíkrisis). The term was unknown in Athens. Epicrisis was used in inscriptions as a judicial control on penalties imposed by the authorities (IPArk. 3, 19,50: Tegea; Syll.3 1075, 6: Epidaurus) or as an objective third party's assent to a settlement reached by the contesting parties [1. 190ff.]. The verb ἐπικρίνεσθαι ( epikrínesthai) is found in Hellenistic court language meaning ‘to resolve’ (Sherk 194f.), in IPArk. 31 B 22 meaning decernere ( decretum) of a Roman authority. In Roman Egypt epikrisis was the procedure for establishing membership o…

Agraphiou graphe

(157 words)

Author(s): Thür, Gerhard (Graz) | Mannzmann, Anneliese (Münster)
[German version] (ἀγραφίου γραφή; agraphíou graphḗ). In Athens a written charge of ‘not writing down’ by a debtor (and therefore annulment of his debt), counted by Aristotle (Ath. Pol. 59,3) as one of the public actions which came into the area of competence of the thesmothetai. According to Demosthenes (58,51) these are state debtors who had carried out deletion of their names from the publicly drawn-up list, even though the debt had not been paid (Harpocration, dependent on Demosthenes, who also quotes Lycurgus and Pytheas as sources, al…

Hypallagma

(127 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ὑπάλλαγμα; Hypállagma). Literally ‘exchange’, a credit security law in Roman Egypt stipulated through contractual clauses. Unlike the   hypothḗkē , the H. guaranteed the creditor no proprietary rights over securities in the possession of the debtor, as a rule a piece of real estate, but only required the debtor to keep ready certain objects to satisfy the creditor by way of enforcement. Contracts contained no forfeiture clause, but the debtor, as with the hypothḗkē, was subject to certain restrictions in respect of disposal of the objects in his possession.  Debt Thür…

Katadike

(37 words)

Author(s): Thür, Gerhard (Graz)
[German version] (καταδίκη; katadíkē). Verdict of guilty from a trial by jury, including defined penalties, or fines imposed by the authorities (used synonymously with díkē ). Egyptian papyri also contractually established penances. Thür, Gerhard (Graz)

Nothos

(428 words)

Author(s): Thür, Gerhard (Graz)
[German version] (νόθος/ nóthos) designates, in all Greek legal systems, a free person who was born out of wedlock or into a marriage that was not legally recognised. In Homer (Hom. Il. 13,693; 2,726), sons of a free man and a slave could rise to become military leaders. According to Hom. Od. 14,208ff., the nóthos was entitled to a portion of property assets, like legitimate sons, in the distribution of the paternal legacy (cf. the νοθεία/ notheía, bequests to a nóthos, often even made while the testator was still alive; Harpocr. s.v.). According to IPArk 1,17, after the de…

Aeiphygia

(95 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀειφυγία; aeiphygía). Permanent banishment; in Athens archaic punishment for φόνος ( phónos, homicide), τραῦμα ( traûma, bodily harm) and τυραννίς ( tyrannís), pronounced by the Areopagus as a ‘special court’ (not by the Heliaia in normal dikasteria). There was a family liability, so the living members of a house went into exile, the dead were torn from their graves and property was confiscated (Demosth. 21,43 on IG I3 104; 20,2. Plut. Sol. 12). Thür, Gerhard (Graz) Bibliography U. Kahrstedt, Staatsgebiet und Staatsangehörige in Athen, 1934, 97 ff. P. J. Rhodes, …

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.…

Ephesis

(261 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἔφεσις; éphesis). Derived from the verb ἐφίεσθαι ( ephíesthai, to turn to someone), in Athens ephesis denoted a series of legal actions in which a person turned to the competent authority for a decision after a provisional decision had been reached. One certainly cannot speak of a uniform institution comparable to today's ‘appeal’. Solon (around 600 BC) is said to have allowed the ephesis for decisions of the  archontes at the  Heliaea (Aristot. Ath. Pol. 9,1). In the classical period there was the ephesis to a   dikastḗrion against an   epibolḗ impo…

Diadikasia

(279 words)

Author(s): Thür, Gerhard (Graz)
[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 or more opponents asserted a better claim to a private or public right, or in those cases in which it was a matter of exemption from a duty under public law. In the first group the most common case involved a claim by several persons to a legacy in an inheritance dispute [1. 159ff.]. The object of the cla…

Palindikia

(270 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παλινδικία; palindikía). 'Once more raising a legal action in the same matter', cf. anadikía and the underlying words (ἀνὰ/ anà and πάλιν δικάζειν/ pálin dikázein). The criticism levelled against advocates ( logográphos), to have obtained a palindikía through trickery (Plut. Demosthenes 61; Poll. 8,26), did not always have to take a rupturing of material legal power ( paragraphḗ ) into account, but could also relate to the fact that that a legal claim was prosecuted with a variety of actions, as was permissible in Ath…

Mesengyema

(95 words)

Author(s): Thür, Gerhard (Graz)
[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; BGU 592 II 9 and Mitteis/Wilcken 88,13: both 2nd cent. AD; PAntinoopolis 35 II 14, 4th cent. AD: Egypt). Thür, Gerhard (Graz) Bibliography J. Partsch, Griechisches Bürgschaftsrec…

Epangelia

(114 words)

Author(s): Thür, Gerhard (Graz)
[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. Thür, Gerhard (Graz) Bibliography A. R. W. Harrison, The Law of Athens II, 1971, 204 M. H. Hansen, The Athe…

Demeusis

(201 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Δήμευσις; Dḗmeusis). Confiscation of assets by the state. 1. Demeusis is encountered in Greek criminal law together with capital punishment, lifelong exile or penalties for severe crimes but the term demeusis is not always used. Occasionally, demeusis occurred in Athens on its own (cf. Dem. Or. 47,44). Plato (Leg. 855a) radically rejected confiscation, apparently because of the injustice to innocent heirs [1]. The property was always confiscated for the benefit of the community even though the sum wholly or partial…

Katapontismos

(130 words)

Author(s): Thür, Gerhard (Graz)
[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 the condemned) in cases when the right to a burial and death cult had been forfeited. In historical times, tyrants or cruel rulers were punished with katapontismos, although sometimes only their corpse or even their statue wa…

Xenias graphe

(360 words)

Author(s): Thür, Gerhard (Graz)
[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…

Anakrisis

(134 words)

Author(s): Thür, Gerhard (Graz)
[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…

Laokritai

(182 words)

Author(s): Thür, Gerhard (Graz)
[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 (PTebtunis 795,9; 2nd cent. BC). An official of Greek nationality ( eisagogeús ) appointed by the central administration acted as the chairman…

Kakotechnion dike

(119 words)

Author(s): Thür, Gerhard (Graz)
[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…

Embateuein

(95 words)

Author(s): Thür, Gerhard (Graz)
[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, 94ff.  A. R. W. Harrison, The Law of Athens I, 1968, 156; 272; 283  H.-A. Rupprecht, Einfüh…
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