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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.…

Dosis

(150 words)

Author(s): Thür, Gerhard (Graz)
[German version] The noun is derived from διδόναι ( didónai) ‘to give’ and like the verb has no specific legal meaning. The legal institutions gift and endowment are quite inadequately covered by the term dosis : the Attic orators use διδόναι ( didónai) and διατιθέναι ( diatithénai;  Diatheke) alternately when they justify testamentary gifts of money from Solon's law. In the large law inscription of Gortyn, didónai means ‘to bestow’ (col. IX 15-30, with legal limitations). When setting up an endowment, ‘giving’ naturally plays an important role, but it depends…

Paranomon graphe

(326 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παρανόμων γραφή; paranómōn graphḗ). 'Action for improper legislation'. It was presumably only after the time of Pericles that there was introduced in Athens a public action ( graphḗ [1]) that could be raised within a year by a citizen without prior convictions against anybody who had proposed in the Assembly ( ekklēsía ) a resolution that contravened procedural prescriptions or an existing law. The thesmothetairchontes I.) had jurisdiction, and the dikastḗrion (on one occasion even packed with 6,000 jurors, Andoc. 1,17; 415 BC…

Parapherna

(500 words)

Author(s): Thür, Gerhard (Graz)
[German version] (παράφερνα; parápherna), literally 'items of property given alongside the dowry (‘ phernḗ ’)', in the Graeco-Roman world signified a variety of legal institutions, in all cases separate property belonging to the wife. In the laws of the Greek poleis women were fundamentally capable of owning property, however, they were often limited in their capacity to enter business transactions. Their goods were inherited in a different way than those of men ([8. 26-130; 5. 64-70], see IPArk No. 5, ll. 4f.: πατρῶια/ματρῶια, patrôia/ matrôia, paternal/maternal property) s…

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…
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