Law and Justice in the Courts of Classical Athens 古雅典法庭的法律与公正

出版时间：2006-2  出版社：Cambridge Univ Pr  作者：Adriaan Lanni  页数：210  
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内容概要

Adriaan Lanni draws on contemporary legal thinking to present a new model of the legal system of classical Athens. She analyzes the Athenians' preference in most cases for ad hoc, discretionary decision-making, as opposed to what moderns would call the rule of law. Lanni argues that the Athenians consciously employed different approaches to legal decision-making in different types of courts. The varied approaches to legal process stems from a deep tension in Athenian practice and thinking, between the demand for flexibility of legal interpretation consistent with the exercise of democratic power by ordinary Athenian jurors; and the demand for consistency and predictability in legal interpretation expected by litigants and necessary to permit citizens to conform their conduct to the law. Lanni presents classical Athens as a case study of a successful legal system that, by modern standards, had an extraordinarily individualized and discretionary approach to justice.

作者简介

Adriaan Lanni is assistant professor of law at Harvard Law School. A former member of the Harvard Society of Fellows, she holds a law degree from Yale Law School and a PhD in ancient history from the University of Michigan. She is a scholar of ancient law

书籍目录

Acknowledgments 1.Introduction2.Athens and Its Legal System 3.Relevance in the Popular Courts4.The Homicide Courts 5.Legal Insecurity in Athens 6.Maritime Cases 7.Conclusions Bibliography Index