Search

Your search for 'dc_creator:( "Thür, Gerhard (Graz)" ) OR dc_contributor:( "Thür, Gerhard (Graz)" )' returned 187 results. Modify search

Sort Results by Relevance | Newest titles first | Oldest titles first

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…

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.…
▲   Back to top   ▲