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[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…

[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 …

[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…

[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…

[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.

[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…

[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 …

[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…

[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. …

[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 …

[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.

[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…

[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 …

[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…

[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…

[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…

[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…

[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)

[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…

[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, …