Download Early Greek Law by Michæl Gagarin PDF

By Michæl Gagarin

ISBN-10: 0520066022

ISBN-13: 9780520066021

Drawing at the proof of anthropology in addition to old literature and inscriptions, Gagarin examines the emergence of legislation in Greece from the eighth during the sixth centuries B.C., that's, from the oral tradition of Homer and Hesiod to the written enactment of codes of legislation in such a lot significant towns.

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439; Salmond's concise discussion (437-40) of the problem is the most useful I have seen. Cook 1933 discusses some of the subtle problems involved in distinguishing between substantive and procedural law. See also Bohannan 1965. docId=ft2w1004rp&chunk.... procedure which in their practical operation are wholly or substantially equivalent to rules of substantive law. In such cases the difference between these two branches of the law is one of form rather than of substance. As these remarks suggest, it may be particularly difficult to classify a law as procedural or substantive when we do not have its exact wording.

Where we know more, there are sometimes widely divergent accounts of the lives and works of these figures, especially in the cases of Zaleucus and Charondas of Catana. And finally, as in any such tradition, the reports we have are selective: Aristotle, for example, because of his interest in the best distribution of estates in a polis gives us a relatively large amount of information about the inheritance and property regulations of otherwise unknown figures, and even the fuller accounts of Plutarch or Diodorus are naturally more likely to report those laws which are somehow striking or unusual.

Among these are Solon's regulations covering the minimum distance from a neighbor's property one could locate a house, a wall, a ditch, a well, a beehive, or certain kinds. of trees (F 60-62). [60] Similarly, we are told that Charondas insisted that goods be paid for and delivered on the spot; any extension of credit would automatically rule out legal recourse since (he felt) anyone who extended credit was himself the cause of any injury he might receive. 46ff. Aristotle remarks on the precision (akribeia ) of Charondas's laws (Pol .

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