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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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