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Epikleros

(215 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐπίκληρος; epíklēros). Not quite correctly translated as ‘heiress’. If an Athenian citizen or   métoikos was survived only by daughters, they were not entitled to the inheritance in their own right, but their legitimate sons were, and so the inheritance (  klḗros ) could in some circumstances benefit a different family. Because of that danger the law allowed the nearest male collateral relative of the testator ( Anchisteia), to obtain at the same time from the archon or polemarch ( Archontes I), by a process of   epidikasía , the immediate assignment of the klḗros and e…

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.…

Hedna

(125 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἕδνα/ hédna, ep. ἔεδνα/ éedna). Common only in the collective plural, in Homer they are the bridegroom's  presents to the bride's father (idea of the ‘purchase marriage’) or to the bride herself (similar to the Germanic jointure). Differently to Hom. Od. 1,277 and 2,196: endowing of the bride by her father (related to the   parápherna or the   phernḗ ), sometimes also to be interpreted as a ‘dowry’ (  proíx ). Unclear: Od. 2,53 (verb); Il. 13,382 (deverbative noun). Presumably, the hedna is based on the archaic idea of arranging social relationships by means o…

Athenian law

(1,195 words)

Author(s): Thür, Gerhard (Graz)
[German version] A. Definition and sources Strictly speaking, the correct term is ‘Athenian law’ (AL), because ‘Attic’ designates the landscape, dialect, art and culture, while Athens, by contrast, refers to the polis and the state; but in German scholarship the designation ‘Attic law’ has been used since the beginning of the 19th cent. when philologists and jurists occupied themselves increasingly with investigating the trials and law of Athens after the issuance of a prize question by the Royal Aca…

Blabes dike

(171 words)

Author(s): Thür, Gerhard (Graz)
[German version] (βλάβης δίκη; blábēs díkē). In Greek law, a private action for damage to property. In the case of intentional damage, the guilty party had to pay compensation to the tune of twice the value of the damage caused, as assessed by the plaintiff in his petition. The blabes dike may originally have been legally applicable only as regards violation of the law relating to neighbours. It may only have been by virtue of case law that this restricted profile of action was extended to include other cases of damage to property. Prevailing o…

Kratesis

(137 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κράτησις; krátēsis) denotes in Greek civil law the actual power over an object, allowing physical access to it, comparable to ownership, but not understood technically in the sense of the Roman p ossessio (the Greeks knew neither possession by prescription ( usucapio ) nor a special ownership protection by interdictum ). Kratesis was exercised, for example, by the creditor on the mortgaged object, even if this had remained with the debtor, and likewise by the tenant on a leased property. A person having the kratesis on an object was not allowed to dispose of it,…

Misthosis

(1,611 words)

Author(s): Thür, Gerhard (Graz)
(μίσθωσις; misthōsis). [German version] A. General Similar to the Roman locatio conductio , the Greek misthosis comprises a series of remunerated transactions in which one person transfers things (or a person) to another person for use, so that a particular outcome is achieved, or commits themselves to providing labour or a service. The current (Romanist) classification of these transactions into rent/lease, work and service agreements is too coarse for misthosis because Greek contract practice developed suitable special regulations depending on the specific facts…

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…

Tyrannidos graphe

(206 words)

Author(s): Thür, Gerhard (Graz)
[German version] (τυραννίδος γραφή; tyrannídos graphḗ). Popular action for tyranny ( tyrannis ). Plutarch's report of the amnesty law of Solon [1] provides evidence that atimia (cf. also time (1)) for tyranny was already current before Solon (Plut. Solon 19). Those supporters of Cylon [1] who fled into exile after the attempted coup were probably excepted from the amnesty (on their condemnation by the Areios Pagos , [4. 1806]). Solon sanctioned the attempt to set up a tyrannis, with heritable atimia (Aristot. Ath. pol. 16,10; [5. fr. 37a]). Forfeiture of assets is first at…

Emporikoi nomoi

(85 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐμπορικοὶ νόμοι; emporikoì nómoi). The Athenian laws on maritime trade, grouped systematically on the basis of their subject matter (not, as was customary, according to the jurisdiction of individual authorities) (Dem. Or. 35,3); in particular, they probably laid down strict provisions for the protection of the city's grain supplies. They covered aIso speedy judicial process ( Emporikai dikai) and the avoidance of frivolous complaints against traders and shipowners (Dem. Or. 58,10f.). Thür, Gerhard (Graz) Bibliography E. E. Cohen, Ancient Athenian Marit…

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…

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…

Exoules dike

(127 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐξούλης δίκη). In Athens, a charge of ‘expulsion’ was a criminal charge. It was available to privileged claimants (e.g. the successful creditor in a lawsuit) against debtors who resisted, by formally expelling the creditor, the justified seizure of property by the creditor's formalized use of force. The expelled party could raise the charge of e.d.; if he could justify his action, the expeller was sentenced to a fine of double the value of the land. It was divided between the claimant and the state, in accordance with a law of  Solon's. Thür, Gerhard (Graz) Bibliography E.…

Synegoros

(252 words)

Author(s): Thür, Gerhard (Graz)
[German version] (συνήγορος; synḗgoros), literally 'co-speaker'. Person who speaks in court with - not instead of - one of the parties in a case; a term not always distinguished from sýndikos . In principle, the Greek view was that each party should present their own case in person. In ancient Athens synēgoroi claiming either a close relationship to the party they supported or enmity to the party they opposed could be allowed in private and public actions; only accepting money was forbidden to a synegoros (Dem. Or. 47,26). Since joint action in court was, from a more recent poi…

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…

Syntheke

(271 words)

Author(s): Thür, Gerhard (Graz)
[German version] (συνθήκη; synthḗkē). Something 'fixed in common' by a number of parties, often recorded in epigraphic or documentary form (usually in the plural: synthḗkai). In Greek philosophy, nómos [1] and the synthēkē (as positive rules) are contrasted with nature (φύσις, phýsis) [3. 1168]. The term syntheke is used as a (document of) treaty or contract in the inter-state law of the Greek poleis and in private relationships. According to the content (alliance, friendship) or stage of the arrangement, various synonyms are used for synthēke as an inter-state agreement ([3. …

Hetaireseos graphe

(109 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἑταιρήσεως γραφή; hetairḗseōs graphḗ). In Athens, popular charge to be brought before the  Thesmothetai against men who held a public office or appeared before the council or the public assembly as orators, in spite of their willingness to engage in homosexual intercourse for money (Aristoph. Plut. 153; Dem. Or. 22,23.29; Aeschin. 1,19f.; 1,29; 1,51; 1,72; 1,87). The law (Dem. Or. 22,21) allots capital punishment and is also directed against a father or guardian who has prostituted his son or ward. Non-citizens were not subject to this rule.  Prostitution Thür, Gerh…

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…

Atimia

(192 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀτιμία; atimía). Dishonour in the sense of abrogation of rights of citizenship; it had to be declared in court in order to have legal effect. Atimia may be the set punishment for certain types of offence (desertion, corruption of officials, a third instance of bearing false witness, abuse of parents et al.), or declared in the course of   dokimasía (personal examination) prior to the appointment of officials, when ἐπιτιμία ( epitimía, citizenship) is examined. Epitimia may be annulled in the case of mental illness, profligacy or prostitution. Infringeme…

Eisagogeus

(138 words)

Author(s): Thür, Gerhard (Graz)
[German version] (εἰσαγωγεύς; eisagōgeús). Every office holder who was entitled to preside over a court in Athens ( Archontes) was responsible for introducing (εἰσάγειν , eiságein) his subjudice cases into a law court (  dikastḗrion ) and, concerning this act, was also referred to as eisagogeus. In a narrower, technical sense, the eisagogeus was part of a five-member collegium which was entitled to preside over certain urgent legal affairs (Aristot. Ath. Pol. 52,2). In Ptolemaic Egypt, the eisagogeus was a permanent official of Greek nationality and nominated by the kin…
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