The Athenian Amnesty and Reconstructing the Law


Book Description

This volume explores the amnesty which ended the civil war at Athens in 403 BC. It presents a new interpretation of the Athenian Amnesty in its original setting, and in view of the subsequent reconstruction of laws and democratic institutions in Athens, while also drawing on perspectives from parallels in modern history.




The Athenian Amnesty and Reconstructing the Law


Book Description

This volume explores the amnesty which ended the civil war at Athens in 403 BC. Drawing upon ancient historians and speechwriters, together with the surviving inscriptions, it presents a new interpretation of the Athenian Amnesty in its original setting and in view of the subsequent reconstruction of laws and democratic institutions in Athens. Beginning with the evidence on the original agreement and the events that shaped it, the volume also discusses the major trials that challenged and reinterpreted key elements of the amnesty agreement, including the trial of Socrates. These studies reveal the Athenian Amnesty as a contractual settlement between the warring parties, a bargain for peace and reconciliation. The oath that came to symbolize the Amnesty was the closing to that contract, a pledge not to go back on the covenants that spelled out remedies and restrictions-not a promise to forgive and forget. The same contractual principle inspired major reforms of the restored democracy, barring litigation on settled claims and ensuring that new legislation did not conflict with the constitution. While this book deals largely with the ancient agreement, Carawan also draws perspectives from parallels in modern history, such as the post-apartheid settlement in South Africa, illustrating how the Athenian Amnesty is generally regarded as the model for political 'forgiveness' or 'pardon and oblivion' embraced in later conflict resolution.




Law and Order in Ancient Athens


Book Description

The classical Athenian 'state' had almost no formal coercive apparatus to ensure order or compliance with law: there was no professional police force or public prosecutor, and nearly every step in the legal process depended on private initiative. And yet Athens was a remarkably peaceful and well-ordered society by both ancient and contemporary standards. Why? Law and Order in Ancient Athens draws on contemporary legal scholarship to explore how order was maintained in Athens. Lanni argues that law and formal legal institutions played a greater role in maintaining order than is generally acknowledged. The legal system did encourage compliance with law, but not through the familiar deterrence mechanism of imposing sanctions for violating statutes. Lanni shows how formal institutions facilitated the operation of informal social control in a society that was too large and diverse to be characterized as a 'face-to-face community' or 'close-knit group'.







Hate, Politics, Law


Book Description

References to hate have become ubiquitous in the modern response to group defamation and violence in liberal democracies. Whether expressed in speech, acted out in criminal conduct, or seen as the fuel of terror and extremism, hate is persistently considered a vice, an evil, and a threat to the modern liberal democracy. But what exactly is at stake when societies oppose hate? In Hate, Politics, Law: Critical Perspectives on Combating Hate, Thomas Brudholm and Birgitte Schepelern Johansen have gathered a group of distinguished scholars who offer a critical exploration and assessment of the basic assumptions, ideals, and agendas behind the modern fight against hate. They explore these issues and provide a range of explanatory and normative perspectives on the awkward relationship between hate and liberal democracy, as expressed, for example, through anti-hate speech and anti-hate crime initiatives. The volume further examines the presuppositions and ideological roots of fighting hate, as well as its blind spots and limits. It also includes discussions on the definition and meaning of hate, the longer and broader history of the concept of hate, and when and why fighting hatred became politically salient. While most research on hate crime is written and published in order to prevent and combat hate, Hate, Politics, Law takes a much-needed theoretical, historical, and exploratory approach to hatred.




Decrees of Fourth-Century Athens (403/2-322/1 BC): Volume 1, The Literary Evidence


Book Description

Decree-making is a defining aspect of ancient Greek political activity: it was the means by which city-state communities went about deciding to get things done. This two-volume work provides a new view of the decree as an institution within the framework of fourth-century Athenian democratic political activity. Volume 1 consists of a comprehensive account of the literary evidence for decrees of the fourth-century Athenian assembly. Volume 2 analyses how decrees and decree-making, by offering both an authoritative source for the narrative of the history of the Athenian demos and a legitimate route for political self-promotion, came to play an important role in shaping Athenian democratic politics. Peter Liddel assesses ideas about, and the reality of, the dissemination of knowledge of decrees among both Athenians and non-Athenians and explains how they became significant to the wider image and legacy of the Athenians.




Routledge Handbook of the Rule of Law


Book Description

This Handbook provides a state-of-the-art survey of the study of the rule of law across law, the humanities, and social sciences, as well as insights into the practice of building the rule of law within and among states. Its 28 chapters are by many of the world’s leading scholars of the rule of law, as well as distinguished junior scholars, from a dozen countries and representing a number of academic disciplines. The chapters are ordered to progress, first, from theory to the practice of the rule of law and, second, from the rule of law within, to beyond, the state. They divide into three parts. The first part examines the concept, history, and value of the rule of law. This section considers the importance of political and intellectual history in shaping the concept over the centuries and takes novel philosophical approaches to the connection between the rule of law and other important ideals such as justice, equality, and civil disobedience. The second part transitions from theoretical studies to accounts of practical exercises in building the rule of law. The chapters consider the challenges of rule of law reform, including the use of local intermediaries facilitating interactions between international legal aid organizations and state governments, the challenges of legal translation across vastly different societies, the pathways of knowledge among the powerless about the protective potential of the rule of law, as well as the possible future for artificial intelligence systems in helping to reinforce rule-of-law principles. The third part examines the rule of law from a number of perspectives within particular supranational and national states, such as the European Union, China, Singapore, and South Africa, among others, and concludes by considering the prospects of the rule of law beyond the state, both within and among international institutions such as the United Nations, as well as non-territorial spaces like the world’s oceans. This Handbook is aimed at rule of law scholars across law, the humanities, and the social sciences, law and development practitioners, policymakers, and advanced students and researchers who seek a state-of-the-art overview of the history, theory, and practice of the rule of law.




Stasis and Stability


Book Description

The continued vitality of the Greek city (polis) in the centuries after the Peloponnesian War has now been richly demonstrated by historians. But how does that vitality relate to the prominence in the same period of both civic unrest, or stasis, and utopian political thinking? In order to address this question, this volume uses exile and exiles as a lens for investigating the later Classical and Hellenistic polis and the political ideas which shaped it. The issue of the political and ethical status of exile and exiles necessarily raised fundamental questions about civic inclusion and exclusion, closely bound up with basic ideas of justice, virtue, and community. This makes it possible to interpret the varied evidence for exile as a guide to the complex, dynamic ecology of political ideas within the later Classical and post-Classical civic world, including both taken-for-granted political assumptions and more developed political ideologies and philosophies. In the course of its investigation, Stasis and Stability discusses the rich evidence for varied forms of expulsion and reintegration of citizens of poleis across the Mediterranean, analysing the full range of relevant civic institutions, practices, and debates. It also investigates civic activity and ideology outside the polis, addressing the complex and diverse political organization, agitation, and ideas of exiles themselves. Using this evidence, the volume develops an argument that the rich Greek civic political culture and political thought of this period were marked by significant extremes, contradictions, and indeterminacies in ideas about the relative value of solidarity and reciprocity, self-sacrifice and self-interest. Those features of the polis' political culture and political thought are integral to explaining both civic unrest and civic flourishing, both stasis and stability.




Reconciliation after War


Book Description

This edited volume examines a range of historical and contemporary episodes of reconciliation and anti-reconciliation in the aftermath of war. Reconciliation is a concept that resists easy definition. At the same time, it is almost invariably invoked as a goal of post-conflict reconstruction, peacebuilding and transitional justice. This book examines the considerable ambiguity and controversy surrounding the term and, crucially, asks what has reconciliation entailed historically? What can we learn from past episodes of reconciliation and anti-reconciliation? Taken together, the chapters in this volume adopt an interdisciplinary approach, focused on the question of how reconciliation has been enacted, performed and understood in particular historical episodes, and how that might contribute to our understanding of the concept and its practice. Rather than seek a universal definition, the book focuses on what makes each case of reconciliation unique, and highlights the specificity of reconciliation in individual contexts. This book will be of much interest to students of transitional justice, conflict resolution, human rights, history and International Relations.




Creating a Constitution


Book Description

A comprehensive account of how the Athenian constitution was created—with lessons for contemporary constitution-building We live in an era of constitution-making. More than half of the world's constitutions have been drafted in the past half-century. Yet, one question still eludes theorists and practitioners alike: how do stable, growth-enhancing constitutional structures emerge and endure? In Creating a Constitution, Federica Carugati argues that ancient Athens offers a unique laboratory for exploring this question. Because the city-state was reasonably well-documented, smaller than most modern nations, and simpler in its institutional makeup, the case of Athens reveals key factors of successful constitution-making that are hard to flesh out in more complex settings. Carugati demonstrates that the institutional changes Athens undertook in the late fifth century BCE, after a period of war and internal strife, amounted to a de facto constitution. The constitution restored stability and allowed the democracy to flourish anew. The analysis of Athens's case reveals the importance of three factors for creating a successful constitution: first, a consensus on a set of shared values capable of commanding long-term support; second, a self-enforcing institutional structure that reflects those values; and, third, regulatory mechanisms for policymaking that enable tradeoffs of inclusion to foster growth without jeopardizing stability. Uniquely combining institutional analysis, political economy, and history, Creating a Constitution is a compelling account of how political and economic goals that we normally associate with Western developed countries were once achieved through different institutional arrangements.