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

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

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作 者:AdriaanLanni 著

出 版 社:

出版时间:2006-2-1

I S B N:0521857597

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内容简介

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 and modern criminal law and procedure.

目录

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

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