Search

The prevailing interpretation of the case of Dracontius (X. An. 4.8.25) has long been that Dracontius was exiled from Sparta for unintentional homicide. This paper argues that that interpretation is incorrect. Xenophon’s description of the event indicates that Dracontius intended to strike his victim. Consequently, comparanda including the laws of Athens, of Antiphon’s Tetralogies, and of Plato’s Laws support the conclusion that Dracontius was treated as an intentional killer. The duration of Dracontius’ exile provides further evidence in favor of this position. Strict liability for homicide at Sparta, of the type familiar from the case of Patroclus (Hom. Il. 23.85-88) and from Homeric and Hesiodic epic generally, is contraindicated by the Spartan concern with oliganthrōpia and the violence of the agōgē. Whether Dracontius’ exile was penal or voluntary thus depends on the penalty for intentional homicidein Spartan law. If that penalty was fixed, then in all probability it was fixed at death, and Dracontius fled of his own accord to avoid that punishment. If, however, the penalty was assessable, then Dracontius either was sentenced to exile or fled voluntarily to avoid a possible sentence of death. These two alternative reconstructions of the Spartan law of intentional homicide in turn determine the reconstruction of the law of unintentional homicide, which will have carried a lesser penalty.

Lo studio della disputa tra Augia ed Eracle per il mancato pagamento della pulizia della stalla della Biblioteca permette di apprezzare la complessa natura della materia mitica raccolta e plasmata da Apollodoro. La narrazione ha una forma giuridica che corrisponde alla procedura di età classica, e contrasta con il contesto pre politico del mito. Allo stesso tempo, molti dettagli del racconto rivelano come gli eroi agiscano secondo una logica che non corrisponde al pensiero giuridico, ma segue gli obblighi personali che strutturano la società degli γένη eroici. The study of the dispute between Augias and Heracles for the lack of payment for the cleaning of the stable in the Library allows appreciating the rich and complex nature of the mythical matter collected and reshaped by Apollodorus. The narrative has a juridical form which corresponds to the procedure of the classical age, and contrasts with the pre-political context of the myth. At the same time, many details in the account reveal that the heroes act according to a logic that does not correspond to legal thought, but follows the personal obligations that structure the society of heroic γένη.

By the second century AD the Roman empire had grown into a vast multilingual and pluriform empire. Unlike in the Roman West, where the lingua franca was Latin, the inhabitants of the Roman East predominantly spoke Greek. From a legal perspective, these inhabitants of the Roman East lived in a legal culture not dominated by Roman law, but by norms from an Hellenistic legal culture. To resolve their legal controversies, these inhabitants of the Roman East, sometimes, asked advice from renowned jurists from the Roman West. Twenty-six cases of questions based on Greek documents from an Hellenistic legal culture can be seen in the Justinianic Digest. These cases were taken from three Roman jurists, namely Scaevola, Paul and Modestin.In this book, the legal strategies, which these three jurists used to come to an advice on cases from the Roman East, are examined. Did the jurists only apply Roman law or did they take the Hellenistic legal culture from which these cases originated into account? Furthermore, in this book the question is answered whether from these cases influences from Hellenistic legal cultures on Roman law can be demonstrated.

Il contributo si propone di indagare le questioni attinenti alla proprietà e ai meccanismi amministrativi e giuridici che regolavano l’organizzazione delle aree sepolcrali nonché lo statuto e le modalità di acquisizione, uso e trasmissione delle tombe nel mondo greco. A tal fine il quadro, relativamente più ampio, che emerge dall’analisi della documentazione dell’Atene classica (e in minor grado da Gortina e Anfipoli) viene messo a confronto con quello offerto dall’epigrafia di Rodi, Kos e altre città dell’Asia Minore in età ellenistica e romana. Nel caso di Atene, meglio nota è la situazione concernente i recinti funerari familiari che, dovunque fossero posti, erano certamente di proprietà privata e come tali, nonostante il loro ruolo «identitario» nella vita sociale e religiosa, potevano essere oggetto di compravendita. Si deve in ogni caso presupporre che l’organizzazione delle aree sepolcrali avvenisse innanzitutto in virtù del coinvolgimento della polis e dei suoi magistrati. Meno chiaro è lo statuto giuridico delle necropoli in cui venivano allestiti i lotti per la sepoltura dei cittadini di minore livello economico, dei meteci e degli schiavi che dovevano, secondo i casi, essere gestiti dalla città o, localmente, dai demi. Mentre la documentazione ateniese offre informazioni soprattutto sulle tombe individuali o familiari, le testimonianze epigrafiche provenienti da Kos e Rodi aprono uno spiraglio sul ruolo sempre più importante svolto dai koina (in particolare eranoi e thiasoi) a partire dal IV-III sec. a.C. nell’assicurare spazi comuni e riti funebri appropriati alle variegate componenti della popolazione escluse dalla cittadinanza. Essi diventavano in tal modo uno degli strumenti mediante i quali gli stranieri, interagendo al loro interno con i cittadini, aggiravano le limitazioni connesse al loro status e si assicuravano un luogo per la sepoltura e per essere ricordati anche dopo la morte. The aim of this paper is to explore a number of questions concerning the ownership of grave plots and the legal and administrative mechanisms governing the development and organisation of «cemeteries» as well as the status, use and conveyance of tombs in the Greek world. To this end, the picture emerging from the relatively ample documentation, literary and epigraphic, from Classical Athens (and also from Gortyn and Amphipolis) is compared with the one offered by the inscriptions of Rhodes, Kos and other cities of Asia Minor in Hellenistic and Roman times. In the case of Athens, we are better informed on the legal status of funerary enclosures (periboloi): wherever they were located, they were certainly private property and as such, despite their role in defining identity in social and religious life, could be the object of sale transactions. It can at any rate be surmised that the spatial organisation of burial grounds implied some sort of involvement on the part of the polis and its magistrates. Although information is almost totally lacking, this must be even truer for those burial areas where graves of poorer citizens, non-citizens and slaves were located. Although the legal and administrative mechanisms remain obscure, they must have been managed by the city or, locally, by demes. While the Athenian documentation offers information especially on individual or family tombs, the epigraphic evidence from Kos and Rhodes casts light on the increasingly important role played by associations (in particular eranoi and thiasoi) – starting from the IV-III century. B.C. – in ensuring common spaces and appropriare funerary rites to the diverse members of the population excluded from citizenship. Such funerary koina became one of the ways by which foreigners socially interacted with citizens and, circumventing the limitations connected to their status, obtained a place to be buried and remembered after death.

International audience; This article focuses on the legal forms organizing slave labour, and more specifically on the leasing of slaves in classical Athens, whom the scale has been largely under-estimated by historians. The development of leasing slaves, that concerned crucial productive sectors (mining exploitation, prostitution, building work) is part of the evolutions of the economy of Attica in the Vth century, within slaves were for their owners no longer “a means of production from which profit could be acquired”, and “functioned as a source of rents rather than labour” (M. Weber). Slaves were profitable not only because of the fruits of their labour, but also as a source of active capital which, due to the actual act of leasing, produced income, and some individuals could earn a great fortune from it. Yet the most interesting point to observe concerns its legal framework. The recruitment of rented slaves primarily took place in a clearly defined location, the sanctuary of the Anakeion situated on the Northern slopes of the Acropolis, close to the archaic Theseion ; leasing slaves could probably also have been subjected to taxation ; there also may have existed a procedure to settle disputes connected to the hiring of slaves (the dikai andrapodôn). One may finally reconstitute the form taken by such leasing-contracts by referring a passage of Xenophon‟s Poroi. However, though this practice could offer actual spaces of autonomy to certain slaves, leasing was regarded not only as a division but also as a temporary transfer of the essential share of property rights (and liability they implied). From a legal point of view, one could not see the recognition, even embryonic, of responsibility attributed to slave, or even a distinction, as expressed by Roman jurists, between leasing slaves as commodities and leasing their labour. Moreover Athenian law did allow a citizen to file a case against a slave, but this accusation was only the preliminary phase of a process which ultimately targeted the master, the person fully responsible for the slave. The slave merely constitutes, within the procedure, the focus of allocating an action – and in that sense, he was an actor of the law without being a person – but his master was the only party held responsible

How much the myth of Rome and Greek classicism influenced the French revolutionaries has long been discussed and studied by generations of scholars, each of whom has reconstructed the revolutionary experience projecting it on the needs and conflicts of their time. However, the reflection of men (and, in limited cases, of women) appears to be less studied on the role of ancient legislators and more generally on the idea of law that moved from the level of myth to that of political planning, in a context which, par excellence, was that of building a new world. The nascent political and legal architecture was built on the exaltation and at the same time on the distancing from the world of the past: Athens, Sparta and Rome were considered by some as an infinite archive from which to draw from to think about the future, by others as experiences unable to offer a rule or to serve as a model. Revolutionaries and counter-revolutionaries mirror the myth of the ancient legislator as a political weapon to be opposed to their opponents, in an alternation of signifiers of the revolutionary public discourse on the ancients: aristocrats, demagogues and tyrannical ones, in some cases, courageous, bold and far-sighted in others. From a first investigation it appears therefore that not only the French legislator, or rather the constituent, was inspired by Spartan and Athenian myths and legislations, or by the refinement (no less mythological) of Roman law, but it emerges, something less known and above all more stimulating, how much the texts of the moderns overlapped, in a constant conversation made up of references and “inventions”, to those of the classics to the point of not distinguishing the former from the latter, and how the “legislation of the ancients” represented, in extreme synthesis, the inclined plane on which the “law of the moderns” was maturing.

El grupo de Investigacion Socio Humanistica del Derecho GISHD, indaga en esta pesquisa en temas y problemas de la argumentacion en diversos campos disciplinares como el derecho, la filosofia y la educacion. La exigencia de argumentacion o fundamentacion, como parte de la arquitectura del pensar contemporaneo, conlleva la tarea de afrontar en escenarios especificos la accion de la razon practica, que pese al contexto posmoderno de racionalidad sosegada o de racionalidad precaria, enfrenta consideraciones y apuestas por racionalidades que se aproximen al sentido o a los sentidos que emergen de las construcciones simbolicas y complejas en el derecho, como adjudicacion; la filosofia, como historicidad y, la educacion, como formacion de la prudencia. Un primer capitulo ahonda en una posible teoria de la adjudicacion en el siglo XXI, para ello es necesario penetrar en la portentosa tradicion iusfilosofica que ha centrado su reflexion y critica en la figura mitica, religiosa, paradigmatica y paradojica que representa el juez, en la tradicion occidental. Y cuya actualidad, gracias a la exposicion de las tecnologias cobra y recobra renovado interes, por las decisiones que ha de tomar en el escenario problematico del Estado constitucional, abocado a la colision de principios y a las realidades que generan las desigualdades y las asimetrias de la vida en conjunto, siempre dinamicas.

The basis of moral responsibility is the central issue of Book IX of Laws, where Plato develops his theory of punishment, conciliating the Socratic thesis that no one is voluntarily bad (οὐδεὶς ἑκὼν κακός), with the practical necessity for a gradation of penalties, the latter being derived from the traditional distinction between voluntary and involuntary offences. Distinguishing two independent aspects of crimes ”“ injury (βλάβη) and injustice (ἀδικί́α) ”“ Plato argues that the former requires only restitution, whereas injustice calls for punishment, conceived as a measure to improve the soul, affected by disordered emotions or ignorance, causes of injustice.

Dans l’œuvre Alceste, en particulier dans les relations difficiles entre Phérès et son fils Admète, qui s’accusent mutuellement de lâcheté, Euripide explore de manière très frappante les limites et les contradictions des liens réciproques qui émanent de la paidotrophia et de la gêrotrophia. Le but de cette étude est d’analyser la façon dont cette tragédie d’Euripide aide à comprendre les limites éthiques et légales de l’application de ces concepts juridiques et la façon dont ils modelaient les obligations mutuelles des éléments de l’oikos. Throughout the Alcestis, and particularly in the tense relationship between Pheres and his son Admetus, who accuse each other of cowardice, Euripides explores in a very impressive way the limits and contradictions originating in the reciprocal principles of paidotrophia and gērotrophia. The aim of this study is to examine the way in which this Euripidean tragedy may improve our understanding of the ethical and legal limits deriving from the application of these juridical concepts and how they shaped the mutual obligations of the persons living in the same oikos.

In this paper I discuss the workings of atimia, the penalty of disenfranchisement, in Classical Athens. Having briefly surveyed the substantial aspects of this form of punishment, i.e. the limitations it imposed on a person affected by it on the one hand, and the crimes and misdemeanors subject to it on the other, I proceed to examine in detail the procedural vagaries of its imposition. In conclusion, I argue that atimia was a legal and moral factor of pivotal importance in promoting socially acceptable and desirable patterns of behaviour among the citizens of Classical Athens.

For most of human history, the essential nature of creativity was understood to be cumulative and collective. This notion has been largely forgotten by modern policies that regulate creativity and speech. As hard as it may be to believe, the most valuable components of our immortal culture were created under a fully open regime with regard to access to pre-existing expressions and reuse. From the Platonic mimesis to Shakespeare’s “borrowed feathers,” the largest part of our culture has been produced under a paradigm in which imitation—even plagiarism—and social authorship formed constitutive elements of the creative moment. Pre-modern creativity spread from a continuous line of re-use and juxtaposition of pre-existing expressive content, transitioning from orality to textuality and then melding the two traditions. The cumulative and collaborative character of the oral formulaic tradition dominated the development of epic literature. The literary pillars of Western culture, the Iliad and the Odyssey, were fully forged in the furnace of that tradition. Later, under the aegis of Macrobius’ art of rewriting and the Latin principles of imitatio, medieval epics grew out of similar dynamics of sharing and recombination of formulas and traditional patterns. Continuations, free re-use, and the re-modeling of iconic figures and characters, such as King Arthur and Roland, made chansons de geste and romance literature powerful vehicles in propelling cross-country circulation of culture.The parallelism between past and present highlights the incapacity of the present copyright system to recreate the cumulative and collaborative creative process that proved so fruitful in the past. In particular, the constant development and recursive use of iconic characters, which served as an engine for creativity in epic literature, is but a fading memory. This is because our policies for creativity are engineered in a fashion that stymies the re-use of information and knowledge, rather than facilitating it. Under the current regime, intellectual works are supposedly created as perfect, self-sustaining artifacts from the moment of their creation. Any modifications, derivations, and cumulative additions must secure preventive approval and must be paid off, as if they were nuisances to society.Rereading the history of aesthetics is particularly inspiring at the dawn of the networked age. The dynamics of sharing of pre-modern creativity parallel the features of digital networked creativity. As in the oral-formulaic tradition, digital creativity reconnects its exponential generative capacity to the ubiquity of participatory contributions. Additionally, the formula—the single unit to be used and reused, worked and re-worked—is the building block of the remix culture as well as the oral formulaic tradition. Today, in an era of networked mass collaboration, ubiquitous online fan communities, user-based creativity, digital memes, and remix culture, the enclosure of knowledge brought about by an ever-expanding copyright paradigm is felt with renewed intensity. Therefore, I suggest that the communal, cumulative, social and collaborative nature of creativity and authorship should be rediscovered and should drive our policies. In order to plead my case, I have asked for the support of the most unexpected witnesses.

One of the central aspects in the action of Euripides’ Alcestis resides in the mutually reciprocal principles of paidotrophia and gerotrophia, and in the ethical and legal obligations deriving from them. However, their application to the Euripidean drama forces the characters to face the need of developing a self-excusing argumentation, whose inconsistency and fragile legitimacy expose the partiality of their reasonings and the cowardice of Pheres’ and Admetus’ behaviour. Fundação para a Ciência e a Tecnologia

Domestic violence is one of the most persistent and troubling problems in the Greek and internationalcommunity. The latter has taken many initiatives to confront it legally. Greek legislation has adopted a similar stanceby enacting the law 3500/2006 which, although it cannot be considered as a panacea, constitutes, however, a veryimportant step towards the improvement of family relations. This article presents the most important provisions of thelaw, pointing out its positive as well as the negative aspects.

Cloud Computing has brought fundamental changes in the way IT Services are designed, implemented and generally perceived today. The very nature however of Cloud Computing, which is to provide data access to everyone, from anywhere in the world, creates many legal issues, including privacy, intellectual property, and jurisdiction to name a few. Those legal issues create an uncertainty to many potential Cloud customers, which prevents them from moving to a Cloud solution.The purpose of this study is to identify those legal issues, and in particular analyze the jurisdictional issues that arise from the Cloud’s usage in Greece and the European Union. We will address those problems in regards to the present Greek and European Legislation in order to create a level of certainty and a feeling of cloud “safety” to the potential Cloud customers in Greece and the EU.We used a systematic literature review to categorize and analyze all of our literature creating the Theoretical Framework. We also performed interviews and gathered results from questionnaires to confirm, update and enrich our theoretical framework. We used the mixed-method approach.On the basis of the results of this research, it can be concluded that the present Greek and European legislation can, in most cases, deal with jurisdictional issues within the E.U. There are however, some cases that need better clarification. It is therefore imperative that the E.U. legislation (and the Greek as a result) is updated, in order to minimize those problems and make people feel safer when using Cloud Services. Validerat; 20140818 (global_studentproject_submitter)

Thesis (Ph.D. (Greek))--North-West University, Potchefstroom Campus, 2011 This study aims to construct the legal rights and duties of slave-owners in the first century AD as context for the exhortations in the New Testament directed at slave-owners. The central theoretical argument has been that the legal context of the first readers is essential for a valid interpretation of these exhortations, and that taking into account this legal context makes a valid interpretation possible. The study applies philological and comparative methods as well as analysis, interpretation and synthesis of the collected material. Chapter 1 provides an outline of the study. Chapter 2 first defines a search filter to delimit the vast collection of material on slavery in antiquity, and then describes ancient slavery as general context to the texts and the New Testament exhortations analysed in subsequent chapters. In chapter 3 the legal context has been constructed by way of analysis of primary texts from Greek, Roman, and Jewish law. Chapter 4 deals with primary texts on the philosophical underpinnings of slavery in the three worlds under investigation. In chapter 5 Greek, Roman, and Jewish primary texts dealing with the conduct of slave-owners in respect of their slaves have been analysed. In chapter 6 the New Testament exhortations to slave-owners have been analysed utilising the contexts constructed in the preceeding chapters. Chapter 7 summarises the findings and conclusions of the study. The study has concluded the New Testament writers’ acceptance of the legal and social reality of slavery in the first century AD. Their writings, however, contain unique features with a direct bearing on the rights and duties of slave-owners namely their persistent placement of the slave-owner – slave relationship in the context of the believing slave-owner and/or slave’s relationship with Jesus Christ. Within this framework, the study points towards diverging viewpoints within the New Testament on a continuum between social separation and acculturation. Doctoral