"[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

This book illuminates the distinctive character of our modern understanding of the basis and value of free speech by contrasting it with the very different form of free speech that was practised by the ancient Athenians in their democratic regime. Free speech in the ancient democracy was not a protected right but an expression of the freedom from hierarchy, awe, reverence and shame. It was thus an essential ingredient of the egalitarianism of that regime. That freedom was challenged by the consequences of the rejection of shame (aidos) which had served as a cohesive force within the polity. Through readings of Socrates's trial, Greek tragedy and comedy, Thucydides's History, and Plato's Protagoras this volume explores the paradoxical connections between free speech, democracy, shame, and Socratic philosophy and Thucydidean history as practices of uncovering.

Since it was no longer self-evident that "better men" meant "better government," critics of democracy sought new arguments to explain the relationship among politics, ethics, and morality.

This book asks an important question often ignored by ancient historians and political scientists alike: Why did Athenian democracy work as well and for as long as it did? Josiah Ober seeks the answer by analyzing the sociology of Athenian politics and the nature of communication between elite and nonelite citizens. After a preliminary survey of the development of the Athenian "constitution," he focuses on the role of political and legal rhetoric. As jurymen and Assemblymen, the citizen masses of Athens retained important powers, and elite Athenian politicians and litigants needed to address these large bodies of ordinary citizens in terms understandable and acceptable to the audience. This book probes the social strategies behind the rhetorical tactics employed by elite speakers. A close reading of the speeches exposes both egalitarian and elitist elements in Athenian popular ideology. Ober demonstrates that the vocabulary of public speech constituted a democratic discourse that allowed the Athenians to resolve contradictions between the ideal of political equality and the reality of social inequality. His radical reevaluation of leadership and political power in classical Athens restores key elements of the social and ideological context of the first western democracy.

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.

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.

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.