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Koinonia

(109 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κοινωνία; koinōnía) is the general Greek term for any type of human community such as a state, association, commercial company, or community of heirs or joint owners. Regarding associations, a law by Solon is transmitted in Dig. 47,22,4, Gaius 4 ad legem XII tab. (= Solon fr. 76a Ruschenbusch), while societies and communities are mentioned only occasionally in the Attic sources. In the papyri, koinonia refers to the Roman societas as well as to communio. Thür, Gerhard (Graz) Bibliography A. R. W. Harrison, The Law of Athens I, 1968, 240-242 A. Biscardi, Diritto greco a…

Parakatabole

(153 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παρακαταβολή; parakatabolḗ). Literally the payment of a sum of money ( parábolon ), it was used in Athenian law to denote a number of payments which the parties had to make at the start of a lawsuit ( prytaneía ). Especially in in lawsuits about inheritance and in those concerning confiscated goods, the pursuer had to deposit one tenth, sometimes one fifth of the value of the dispute, which was forfeited to the State, sometimes to the successful litigant (disputed) if he lost the case. The purpose of this was similar to the epōbelía that had to be paid…

Parapresbeias graphe

(122 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παραπρεσβείας γραφή; parapresbeías graphḗ). Public action ( graphḗ ) against envoys (s. presbeía ) who had foresaken their duties. Many examples from Athens are known; the PG of Demosthenes [2] (Demosth. Or. 19) against Aeschines [2] (Aeschin. Or. 2) is famous. Punishable offences included, for example, transgression of official capacity, false reporting, unauthorised actions, receiving foreign envoys against the wishes of the council and the people, or the receiving of gifts ( dṓrōn graphḗ ). The accuser could also raise a claim of eisangelía . The eúthynoi ( eúthy…

Synomosia

(73 words)

Author(s): Thür, Gerhard (Graz)
[German version] (συνωμοσία; synōmosía). Legally barely definable 'oath community', which occurs throughout Greek areas among private individuals, in cult, the army, politics and judiciary ( Hetairía [2]), and also in inter-state relations; used in the Roman period as a translate factio or coniuratio (FIRA I2 Nr. 68, Z. 7, first Cyrene edict on praevaricatio ). Thür, Gerhard (Graz) Bibliography E. Seidl, s. v. S., RE 4 A, 1445-1450  L. Rubinstein, Litigation and Cooperation, 2000, 204-208.

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,…

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…

Logographos

(255 words)

Author(s): Thür, Gerhard (Graz) | Rhodes, Peter J. (Durham)
[German version] (λογογράφος; logográphos). Writer of Greek court speeches. The ten classical Attic rhetors were called logográphoi. The word was, however, also frequently used in a derogatory sense (e.g. Aeschin. 1,94; 3,173). As in principle the parties in the proceedings in Athens had to represent the matter themselves before the court, the ‘orator’, if he was not appearing on his own matter, remained undetected in the background: he was not a representative of a party or an attorney ( syndikos ), but a ‘speech writer’ (which is how logographos should be literally translated). H…

Chrematistai

(100 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Χρηματισταί; Chrēmatistaí). In the Egypt of the Ptolemies, judges delegated by the king to try fiscal and civil cases for all sectors of the population. They were probably introduced in the 2nd cent. BC. The courts had jurisdiction over an individual nome, or several in combination. In the provinces the chrematistai courts lapsed during the early part of the Roman Empire; in Alexandria they are attested into the 3rd cent. AD, with a somewhat modified range of functions. Thür, Gerhard (Graz) Bibliography H. J. Wolff, Das Justizwesen der Ptolemäer, 21970 H. A. Rupprech…

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…

Adikema

(68 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀδίκημα; adíkēma). Non-technical term for an illegal act committed intentionally on a private person (Aristot. Eth. Nic. 1135 b 20 f.; Rhet. 1374 b 8); if adikema was associated with damage to property, it led to a   blabes dike . Sometimes the unlawfully gained property is also referred to as adikema (Pl. Leg. 906d). In the papyri: marital misconduct, violent affront, peculation. Thür, Gerhard (Graz)

Arrha, Arrhabon

(468 words)

Author(s): Thür, Gerhard (Graz)
[German version] A security, especially in relation to purchases. On the model of ancient oriental laws (cf. Gn 38,17), the Greek ἀρραβών ( arrhabṓn) represents a requirement to establish liability. The usual token of personal liability was a ring. Its symbolic meaning was soon accompanied by a financial function: breach of contract on the part of the giver of the arrha/arrhabon resulted in the latter's being retained by the recipient (the security functions as a forfeit); breach of contract on the part of the recipient rendered him liable to return the arrha/arrhabon or usually a mul…

Apokeryxis

(144 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀποκήρυξις; apokḗryxis). In Athens legal right of inheritance of the legitimate sons was compulsory. Disinheritance was not possible. The father could, though, renounce a son during his lifetime by apokeryxis and in this way exclude him from the inheritance (Demosth. 39,39; Aristot. eth. Nic. 1163b; see also Pl. Leg. 928d-929d). A similar provision is found in the law code of Gortyn IC IV 72 col. XI 10-17. Parallel manifestations in ancient oriental legal sources (Cod. Hammurabi 168 f.; 191) cannot be taken as models. Diocletian forbids apokeryxis (Cod. Iust. 8,4…

Pharmakeia

(166 words)

Author(s): Thür, Gerhard (Graz)
[German version] (φαρμακεία; pharmakeía). The giving of a medical drug, magic potion or poison ( phármakon). In Athens, if someone personally administrated it and this resulted in a citizen's death, a δίκη φόνου ( díkē phónou, 'murder charge'; phónos ) could be brought , which was decided by the Áreios págos (Dem. Or. 23; or. 24; Aristot. Ath. Pol. 57,3). In the case of premeditated killing, the punishment was death, otherwise exile. Plato differentiates between the pharmakeia of doctors and sorcerers on the one hand and that of laymen on the other (Pl. Leg. 932e-933e).…

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…

Argias graphe

(71 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀργίας γραφή; argías graphḗ). After Draco (before 600 BC), probably to preserve households with considerable land property, had issued a law against idleness and had threatened it with   atimia , Solon (594/3 BC) made the action into a public one, reduced the punishment to a fine and implemented atimia only on the third conviction. Thür, Gerhard (Graz) Bibliography E. Ruschenbusch, Unt. zur Gesch. des athenischen Strafrechts, 1968, 50 f.

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…

Graphe

(291 words)

Author(s): Thür, Gerhard (Graz)
(γραφή; graphḗ). [German version] [1] Statement of complaint Literally ‘script’, in adjective law in Greek poleis graphe generally had the meaning ‘statement of claim’ (Dem. Or. 45; 46; cf. also IPArk 17; 114/5; 178 from Stymphalus and SEG 27, 545, 27 and 33 from Samos). Especially in Athens graphe was used in the actual sense of ‘complaint document’ that each blameless citizen (ὁ βουλόμενος, ‘each person who wishes’) could lodge against persons who harmed certain public interests, whilst a party whose rights had been infringed in a private sense could defend himself with   díkē [2]. Thi…

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…

Phonos

(410 words)

Author(s): Thür, Gerhard (Graz)
[German version] (φόνος; phónos). Homicide. In Greek law the nearest relatives could originally carry out a blood fued as a result of phonos. Due to the strengthening of the polis and in Athens, in any case since Draco (end of 7th cent. BC), they were limited to a private lawsuit ( díkē ) as a result of phonos. This lawsuit was brought before the basileús (I.C.), solemn oaths ( diōmosía ) were sworn in three pre-hearings by the parties and witnesses. The adjudication, according to the severity of the crime, was made in the court sessions which met on various cult sites ( dikastḗrion A.I.). Draco …

Kadiskoi

(127 words)

Author(s): Thür, Gerhard (Graz)
[German version] (καδίσκοι; kadískoi). Urns used in the courts of Athens ( dikasterion) to receive the votes of the jury, referred to as ἀμφορεῖς ( amphoreís) by Aristot. Ath. Pol. 68,3. In the 4th cent. BC, each judge had two bronze voting stones (ψῆφοι; psḗphoi), one with a hollow bore for a verdict of guilty, the other solid for a verdict of not guilty (ibid. 68,4). He declared his decision by throwing one psêphos into the ‘valid’ bronze urn, the other into the wooden urn. The vote in inheritance cases ( diadikasia ) was probably not secret as it was in other case…

Epibole

(113 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐπιβολή; epibolḗ) Any office-bearer in Athens (  Archaí , to which the   boulḗ also belonged) was entitled by law to impose within his sphere of responsibility an epibole, a small sum up to a legally determined level by way of a fine; the epibole was subject to   éphesis . The epibole in P.Zen. 51,15 (3rd cent. BC) is also to be understood in this sense. In papyri of the Roman period, epibole (or ἐπιμερισμός, epimerismós) denotes the allocation of uncultivated land to individual farmers or communities for purposes of taxation. Thür, Gerhard (Graz) Bibliography A. R. W. Harr…

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…

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. …

Prasis epi lysei

(385 words)

Author(s): Thür, Gerhard (Graz)
[German version] (πρᾶσις ἐπὶ λύσει; prâsis epì lýsei). In Greek in general, the noun prasis refers to the act of selling, the addition epì lýsei (which in the sources is never connected with the noun, but only with the verb λύειν/ lýein) means 'upon redemption'. The phrase indicated a transaction, similar to the later ōnḕ en pístei (there also on the terminology of purchase in Greek), serving to safeguard a loan. The borrower (cf. dáneion ) sold some property to the lender; as soon as the loan amount was paid out, the creditor became owner of the pro…

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…

Enechyrasia

(154 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Ἐνεχυρασία; Enechyrasía). In Greek law the enforcement of a demand for money or the release of goods. It was used against movable and immovable assets (outside of Athens also against the person) of the debtor after the expiry of a term that is not precisely known. It was based on a judgement or an enforceable document and took the form of the creditor personally taking a colleratal. In Athens the dḗmarchos ( Demarchoi) of the debtor's community of residence gave him access to the collateral. The creditor was free to choose the collateral objects (h…

Ephetai

(99 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἐφέται; ephétai). There were in classical Athens, besides the court of  Areopagus, three further collegiate courts for capital cases; these sat at the Palladion, at the Delphinion and in Phreatto ( Dikasterion), and comprised 51 ephetai (Aristot. Ath. Pol. 57,3f.). These colleges of jurors ( Dikastes) were small in comparison with the other dikasteria. It is now believed that, prior to Solon, ephetai also sat at the court on the Hill of Ares, but at that time not all citizens could yet be appointed. Thür, Gerhard (Graz) Bibliography R. W. Wallace, The Areopagos Cou…

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…

Adeia

(75 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἄδεια; ádeia). Generally freedom from fear; juristically freedom from punishment or prosecution, wherein the state waives per se legitimate demands for prosecution. This waiver was declared in Athens by popular edict (Demosth. 24,45; And. 1,77; 1,12; Lys. 13,55; IG I3 52B16; 370,31+33; 370,64, as an exception by council edict (And. 1,15). In papyri also: protection from injustice, discretion, permission, safety. Thür, Gerhard (Graz) Bibliography A.R.W. Harrison, The Law of Athens II, 1971, 199.

Paranoias graphe

(234 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παρανοίας γραφή; paranoías graphḗ). 'legal action on account of insanity'. As in Rome, the squandering of an inheritance (but not of property acquired in other ways) was linked also in Athens to mental instability and led to a procedure for interdiction. For this Plat. Leg. 929d requires also infirmity, old age or an uncommonly violent temperament in addition to profligacy. Athenian law provided for a public action against the spendthrift ( graphḗ [1]) (Aristot. Ath. pol. 56,6), which was normally raised by a relative entitled to …

Amblosis

(72 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἄμβλοσις; ámblosis).  Abortion, recommended by Plat. Pol. 461c and Aristot. Pol. 1335 b 25 under certain circumstances, besides abandonment of the newborn, but regarded in Greece in general opinion as reprehensible (Hippoc. 4,630,9 f.). However, there is no evidence of amblosis as a punishable offence in the area of either Greek or (see, however, Cic. Clu. 32) Graeco-Egyptian law.  Abortio;  Abortion Thür, Gerhard (Graz) Bibliography E. Cantarella, L'ambigno malanno, 21985, 66 f.

Magic, Magi

(7,505 words)

Author(s): Wiggermann, Frans (Amsterdam) | Wandrey, Irina (Berlin) | Graf, Fritz (Columbus, OH) | Johnston, Sarah Iles (Princeton) | Thür, Gerhard (Graz) | Et al.
I. Ancient Orient [German version] A. General The magic of the ancient Orient and of Egypt is based on a view of the world that runs counter to that of religion. In the world-view of magic, men, gods and demons are tied to each other and to the cosmos by sympathies and antipathies, whereas in the religious world view everything is created by the gods for their own purposes; the relations between men and the cosmos are the result of deliberate actions of the gods. In the practice of religion, however, b…

Legal koine

(401 words)

Author(s): Thür, Gerhard (Graz)
[German version] As with the koine in Greek historical linguistics, legal koine (LK) refers to a phenomenon of Hellenism analyzed by legal history after the event: the spontaneous merging of various Greek legal concepts, especially in Ptolemaic Egypt. Institutions of different poleis ( Polis) blended there in the legal world through the mingling of elements of the Greek population among each other [4. 140] without the authorities working towards unity (in this way also in [3. 50 f.]). As examples…

Biaion dike

(91 words)

Author(s): Thür, Gerhard (Graz)
[German version] (βιαίων δίκη; biaíōn díkē). A private action that could be brought in Athens against robbery, rape of a free person (male or female), or abduction of a free person for the purpose of illicit sexual relations. In the 6th cent. BC Solon had established a monetary fine for this offence; later, on grounds of public interest, the fine paid to the injured party was accompanied by one of the same amount to the state. Thür, Gerhard (Graz) Bibliography D. Cohen, Law, violence, and community in classical Athens, 1995.

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…

Asylia

(128 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀσυλία; asylía). Protection of persons and things, at first within the sanctified precincts of the ἱερὸν ἄσυλον ( hieròn ásylon). The foreigner, ξένος ( xénos), was in especial need of asylia because he was subject to another legal jurisdiction, and had to obtain legal protection in the host country in order to be safe from violent attack. In this connection cf. the bilateral agreement between Oeanthea and Chalium in c. 450 BC [1; 2]. It is possible that all secular asylia and even the μετοικία ( metoikía) had their origins in the sacral asylia. [3; 4]. Thür, Gerhard (Gra…

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…

Pherne

(333 words)

Author(s): Thür, Gerhard (Graz)
[German version] (φερνή; phernḗ). Movable goods brought by the wife into the marriage as 'dowry' (φέρειν, phérein), were known throughout the Greek world as pherne. The pherne needs to be distinguished from the προίξ ( proíx ), i.e. the dowry mainly comprised of plots of land and slaves, which was common in the Greek poleis. The lines between these concepts were blurred through the valuation of the ammount to be returned in terms of money, though the two terms cannot be regarded as synonyms [1. 2040f.]. Classical Greek authors used the term pherne only when referring to mythical and n…

Endeixis

(163 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἔνδειξις; éndeixis). Literally ‘charge’: in Athens the endeixis was a special form of public intervention by a private person that resulted in the immediate arrest of the accused or an order for a material surety by the head of the court (the ‘Eleven ’, the Árchōn Basileús or the thesmothétai;  archontes). It was permissible against persons (state debtors, exiles and átimoi ( atimia) who visited places (their home town, the public assembly, council, courts, sanctuaries, the market) that they were forbidden to visit by law or popular resol…

Dialysis

(187 words)

Author(s): Thür, Gerhard (Graz)
(διάλυσις; diálysis). [German version] [1] Procedural law The procedural law of the Greek states was based on the principle of the reconciliation of both parties involved (διαλύειν, dialýein). Only after the failure of that step a formal verdict was to decide on the matter. Dialysis proceedings thus constituted the first procedural step in ‘preliminary proceedings’, irrespective of whether heard by a magistrate (  anákrisis ) or by public or private   diaitētaí , in international arbitration or in proceedings heard by ‘foreign judges’ called from one or more cities to decide on a case. T…

Kyrios

(1,013 words)

Author(s): Graf, Fritz (Columbus, OH) | Theobald, Michael (Tübingen) | Thür, Gerhard (Graz)
(Κύριος; Kýrios, ‘lord’). I. Religion [German version] A. Pagan Addressing a deity felt to be powerful with ‘lord’ is widespread in Greek religious language. Since Homer, gods (especially Apollo and Zeus) can be addressed by the Mycenaean royal title anax (Ἄναξ), ‘king, lord’ [1]. A number of powerful goddesses (Cybele, Aphrodite, Artemis, Demeter and Persephone, Hecate, Isis) are since archaic times invoked as déspoina (Δέσποινα), ‘mistress’, and, somewhat more rarely, male gods as despótes (Δεσπότης) [2; 3]. Even though the archaic word anax is used only in epic and prayer …

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…

Sitou dike

(165 words)

Author(s): Thür, Gerhard (Graz)
[German version] (σίτου δίκη; sítou dík ē). Literally a 'claim' for maintenance in the form of 'grain' or 'bread'. In ancient Athens, a man who, after engýēsis (establishment of husband's rights) but before cohabitation ( ékdosis [1]) with the woman concerned, had already received the dowry ( proíx ), or retained the dowry after dissolution of the marriage, had to pay the woman annual maintenance amounting to 18 % of the value of the dowry (1.5 % per month). The kýrios ('head of household') might levy sitou dike for a woman in his charge, or take up δίκη προικός ( díkē proikós, 'dowry procee…

Katakremnismos

(85 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κατακρημνισμός; katakrēmnismós). Archaic form of capital punishment by throwing the victim from a rock (at Athens into the Barathron, at Delphi - because of hierosylía - from the Hyampic Rock, in Sparta into the Caeadas). Later denounced as particularly cruel. The punishment by katakremnismos was regarded as a cultic sacrifice; if the victim survived the fall, he was exempt from further punishment. Thür, Gerhard (Graz) Bibliography G. Thür, Die Todesstrafe im Blutprozeß Athens, in: The Journ. of Juristic Papyrology 20, 1990, 143-155.

Anadikia

(132 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ἀναδικία; anadikía). The principle that a case decided by a court could not again be the subject of a court case (for Athens Demosth. 24,54) was breached in individual cases in Greek law. In default proceedings and in some cases after a successful action for false witness, δίκη ψευδομαρτυρίων ( Pseudomartyrian dike), it was possible to open new proceedings, anadikia. According to a scholion to Pl. Leg. 937d this concerns cases on citizens' rights, testimony litigation itself and inheritance suits. Plato, in contrast to the law of Athens, generally envisages anadikia

Dikazein

(182 words)

Author(s): Thür, Gerhard (Graz)
[German version] (δικάζειν; dikázein). The word (approximately: ‘to exercise a right’) is associated with the ending of a dispute with a sentence. Whether the sentence was originally passed by an ‘arbitrator’ who was consensually appointed by both parties is highly questionable. Rather, dikazein in the early period was the activity of a council of elders or of an official (  dikastḗs ) that was at least rudimentarily provided with state authority. In what form this dikazein would occur is also uncertain: either an official decided in the matter on his own or a formal p…

Kakegoria

(166 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κακηγορία; kakēgoría), verbal insult, an offence in Athens since the period of Solon (6th cent. BC). Deceased persons were always protected, living persons only in the case of defamation in public (Plut. Solon 21; Dem. Or. 20,104). The insulted person could file a private complaint ( dike), but had to share the compensation fine with the state. In the 4th cent. BC, all prohibited insults were recorded on a list (e.g. murder, striking the parents, throwing away the shield), but the…

Enktesis

(119 words)

Author(s): Thür, Gerhard (Graz)
[German version] (Ἔγκτησις; Énktēsis). In the Greek states the acquisition of property was reserved to citizens. Individual foreigners were granted the privilege of énktesis, the right to acquire ‘land’ or ‘a house’ (or both) by a popular resolution. In Athens some   métoikoi were thus provided, generally perhaps the   isoteleís . In the Doric area the term ἔμπασις/ἴμπασις ( émpasis/ ímpasis) was used instead of enktesis. Thür, Gerhard (Graz) Bibliography J. Pečirka, The Formula for the Grant of E. in Attic Inscriptions, 1966  A. R. W. Harrison, The Law of Athens I, 1968, 237f.  A. S. H…

Homologia

(313 words)

Author(s): Thür, Gerhard (Graz)
[German version] (ὁμολογία; homología), literally ‘speaking the same way’, describes in Greek colloquial language simple oral consent or agreement. In the legal sense homologia was soon also used for written agreements (  syngraphḗ ,   synthḗkē ). The legal connection with the homologia originated, as can be seen in Athens, in the preliminary procedural concession of individual assertions of the opponent. In the preliminary procedure (  anákrisis , see   diaitētaí [2]) the parties had the duty to answer each other's questions (Dem. Or. 46,10). Answering such a que…

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…

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…

Kleter

(192 words)

Author(s): Thür, Gerhard (Graz)
[German version] (κλητήρ; klētḗr). On the basis of the word, a person who has to do with the summons to legal proceedings ( klḗsis, prósklesis ). 1. In the Delian League, state-appointed klētḗres summoned people to legal proceedings that were held in conjunction with the tributes (IG I3 21,42 and 68,48/49: 426/5 BC; 71,39: 425/4 BC). 2. In civil proceedings the summons were a matter for the plaintiff. In Athens two klētḗres were as a rule consulted in this regard (detailed regulation outlined in Pl. Leg. 846c) whose names were noted on the statement of claim. If th…
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