The democratic legal system created by the Athenians was completely controlled by ordinary citizens, with no judges, lawyers, or jurists involved. It placed great importance on the litigants’ rhetorical performances. Did this make it nothing more than a rhetorical contest judged by largely uneducated citizens that had nothing to do with law, a criticism that some, including Plato, have made? Michael Gagarin argues to the contrary, contending that the Athenians both controlled litigants’ performances and incorporated many other unusual features into their legal system, including rules for interrogating slaves and swearing an oath. The Athenians, Gagarin shows, adhered to the law as they understood it, which was a set of principles more flexible than our current understanding allows. The Athenians also insisted that their legal system serve the ends of justice and benefit the city and its people. In this way, the law ultimately satisfied most Athenians and probably produced just results as often as modern legal systems do. Comprehensive and wide-ranging, Democratic Law in Classical Athens offers a new perspective for viewing a legal system that was democratic in a way only the Athenians could achieve.

This volume brings together essays on Athenian law by Edward M. Harris, who challenges much of the recent scholarship on this topic. Presenting a balanced analysis of the legal system in ancient Athens, Harris stresses the importance of substantive issues and their contribution to our understanding of different types of legal procedures. He combines careful philological analysis with close attention to the political and social contexts of individual statutes. Collectively, the essays in this volume demonstrate the relationship between law and politics, the nature of the economy, the position of women, and the role of the legal system in Athenian society. They also show that the Athenians were more sophisticated in their approach to legal issues than has been assumed in the modern scholarship on this topic.

When does democracy work well, and why? Is democracy the best form of government? These questions are of supreme importance today as the United States seeks to promote its democratic values abroad. Democracy and Knowledge is the first book to look to ancient Athens to explain how and why directly democratic government by the people produces wealth, power, and security. Combining a history of Athens with contemporary theories of collective action and rational choice developed by economists and political scientists, Josiah Ober examines Athenian democracy's unique contribution to the ancient Greek city-state's remarkable success, and demonstrates the valuable lessons Athenian political practices hold for us today. He argues that the key to Athens's success lay in how the city-state managed and organized the aggregation and distribution of knowledge among its citizens. Ober explores the institutional contexts of democratic knowledge management, including the use of social networks for collecting information, publicity for building common knowledge, and open access for lowering transaction costs. He explains why a government's attempt to dam the flow of information makes democracy stumble. Democratic participation and deliberation consume state resources and social energy. Yet as Ober shows, the benefits of a well-designed democracy far outweigh its costs. Understanding how democracy can lead to prosperity and security is among the most pressing political challenges of modern times. Democracy and Knowledge reveals how ancient Greek politics can help us transcend the democratic dilemmas that confront the world today.

Investigates the construction of democratic ideology in Classical Athens through a study of the social memory of Athens' mythical pastProposes a novel approach to Athenian democratic ideology that opens new frontiers of investigation in ancient history and the social sciencesThe introduction clearly sets out the aims and methodology of the book and its place within the scholarship in ancient history and the social sciencesFour case studies illuminate the impact of Athenian democratic institutions on ideology, myth, and the use of social memoryOffers a long-awaited new interpretation of the Athenian funeral oration for the war deadOffers clear overviews of Athenian democratic institutions (e.g., Assembly, Council, lawcourts) based on the most recent scholarshipProvides up-to-date overviews of several values in Greek thought (e.g., charis, hybris, eugeneia)The debate on Athenian democratic ideology has long been polarised around two extremes. A Marxist tradition views ideology as a cover-up for Athens' internal divisions. Another tradition, sometimes referred to as culturalist, interprets it neutrally as the fixed set of ideas shared by the members of the Athenian community. Matteo Barbato addresses this dichotomy by providing a unitary approach to Athenian democratic ideology. Analysing four different myths from the perspective of the New Institutionalism, he demonstrates that Athenian democratic ideology was a fluid set of ideas, values and beliefs shared by the Athenians as a result of a constant ideological practice influenced by the institutions of the democracy. He shows that this process entailed the active participation of both the mass and the elite and enabled the Athenians to produce multiple and compatible ideas about their community and its mythical past.

The definitive book on judicial review in Athens from the 5th through the 4th centuries BCE. The power of the court to overturn a law or decree—called judicial review—is a critical feature of modern democracies. Contemporary American judges, for example, determine what is consistent with the Constitution, though this practice is often criticized for giving unelected officials the power to strike down laws enacted by the people's representatives. This principle was actually developed more than two thousand years ago in the ancient democracy at Athens. In Control of the Laws in the Ancient Democracy at Athens, Edwin Carawan reassesses the accumulated evidence to construct a new model of how Athenians made law in the time of Plato and Aristotle, while examining how the courts controlled that process. Athenian juries, Carawan explains, were manned by many hundreds of ordinary citizens rather than a judicial elite. Nonetheless, in the 1890s, American apologists found vindication for judicial review in the ancient precedent. They believed that Athenian judges decided the fate of laws and decrees legalistically, focusing on fundamental text, because the speeches that survive from antiquity often involve close scrutiny of statutes attributed to lawgivers such as Solon, much as a modern appellate judge might resort to the wording of the Framers. Carawan argues that inscriptions, speeches, and fragments of lost histories make clear that text-based constitutionalism was not so compelling as the ethos of the community. Carawan explores how the judicial review process changed over time. From the restoration of democracy down to its last decades, the Athenians made significant reforms in their method of legislation, first to expedite a cumbersome process, then to revive the more rigorous safeguards. Jury selection adapted accordingly: the procedure was recast to better represent the polis, and packing the court was thwarted by a complicated lottery. But even as the system evolved, the debate remained much the same: laws and decrees were measured by a standard crafted in the image of the people. Offering a comprehensive account of the ancient origins of an important political institution through philological methods, rhetorical analysis of ancient arguments, and comparisons between models of judicial review in ancient Greece and the modern United States, Control of the Laws in the Ancient Democracy at Athens is an innovative study of ancient Greek law and democracy.

"[Wolpert and Kapparis's] anthology . . . stands apart in a number of key ways. Virtually all of the translations, which are of very high quality, are new for this volume. . . . "Each of the introductions to the individual speeches is accompanied by a convenient outline, entitled ‘Key Information', of the important details about the dispute; this feature will be particularly welcome to undergraduates and other beginners, for whom Athenian forensic speeches often present at first glance a welter of soap opera-like complexity. In the summary that precedes Against Neaera, for example, the subheadings include 'Speaker', Supporting Speaker', 'Defendant', ‘Other Individuals' (particularly helpful), ‘Action', 'Penalty' and ‘Date'. Having this information collected in one handy location is very useful indeed. "One minor yet remarkably useful feature is that [Wolpert and Kapparis] have placed all cross-references to speeches included in the collection in bold typeface. This allows the reader to know immediately whether he need only flip the pages to see the passage in question or must reach for another volume. It is hoped that this will encourage busy undergraduates to take the trouble to follow up a cross-reference. "The introduction truly shines. Without getting bogged down in debatable minutiae, it provides a remarkably detailed and clear account of the law and oratory of ancient Athens. Divided into five sections, it begins with an account of Athenian legal development from the Draconian and Solonian periods to the fourth century. It then tackles Athenian politics and society, the court system (a particularly helpful section), the Attic orators (with a substantial biographical sketch of each orator whose speeches appear in the volume), and rhetorical technique and style. The introduction could even be used in a course where no speeches are read but students need to be given a quick, solid initiation into the legal culture of the classical period." --Classical Review

In Race and Citizen Identity in the Classical Athenian Democracy, Susan Lape demonstrates how a race ideology grounded citizen identity. Although this ideology did not manifest itself in a fully developed race myth, its study offers insight into the causes and conditions that can give rise to race and racisms in both modern and pre-modern cultures. In the Athenian context, racial citizenship emerged because it both defined and justified those who were entitled to share in the political, symbolic, and socioeconomic goods of Athenian citizenship. By investigating Athenian law, drama, and citizenship practices, this study shows how citizen identity worked in practice to consolidate national unity and to account for past Athenian achievements. It also considers how Athenian identity narratives fuelled Herodotus' and Thucydides' understanding of history and causation.