Les recueils des « lois sacrées » effectué par Sokolowski et Lupu sont incontestablement un instrument de travail de premier rang pour l’étude de la religion grecque. Pourtant, les documents dans ces recueils ne sont pas classés sur des critères juridiques. La présente étude vise à proposer une classification de documents en question conformément aux autorités qui les ont émis : conseils fédéraux en charge de sanctuaires panhelléniques, cités, subdivisions du corps civique (dèmes, tribus), associations privées (phratries, génè, orgéônes) et (...) donations à des autorités publiques ou à des associations privées. Il s’intéresse également aux différents moyens de faire respecter les normes concernant les pratiques religieuses, et analyse la signification de l’expression ta patria et sa relation avec les différents niveaux d’autorité religieuse. (shrink)

One of the most ingenious arguments in all of Attic oratory is to be found in the speech Lysias wrote for Euphiletus to deliver at his trial for the murder of Eratosthenes . In his speech Euphiletus first describes to the court how his wife was seduced by Eratosthenes, then recounts how he discovered the affair, caught the adulterer in the act, and, despite an offer to pay compensation, slew him. Euphiletus defends his action by citing the law of the (...) Areopagus that whoever kills an adulterer caught in flagranti with his wife cannot be convicted of murder. Euphiletus further points out that the same exemption applies to the man who catches someone seducing his pallakē. If the lawgiver regarded the seduction of a pallakē as so serious that it merited the death penalty, Euphiletus argues, he must have regarded the seduction of a wife as even more reprehensible, deserving a penalty worse than death. (shrink)

In Athens during the late Classical and Hellenistic periods, it was customary for a man who was borrowing a large sum of money to pledge some property as security for the repayment of his loan. To show that this property was legally encumbered, a flat slab of stone, called a horos, was set up, and an inscription, indicating the nature of the lien on the property, was inscribed on the horos. These horoi served to warn third parties that the man (...) who pledged the property as security was not free to sell it or otherwise alienate it until the loan was repaid. The terminology which is used on these horoi to indicate that the property has been pledged as security varies. On a relatively small number of horoi, only seven, the property is described as ‘lying under ’ for a debt, the amount of which may or may not be specified. The texts found on a far greater number of horoi, some 128 in all, use a different type of expression. On these horoi, the property is said to have been ‘sold on condition of release’ . The terminology used on the horoi to describe this kind of lien presents a striking contrast with that employed by the Attic orators: in their speeches we find the verbs ποκεσθαι and ποτιθναι when it is a question of pledging security for a loan, but never ππρασθαι with the addition of the prepositional phrase π λσει. (shrink)

When entering into a legal agreement, it is not unusual for one of the parties to ask the other to provide some security so as to ensure that the latter's obligations under the agreement will be fulfilled. There are two basic forms of security, personal and real. In personal security for a loan, the borrower arranges for a third party to come forward and to promise the lender that he will fulfil the borrower's obligations in the event that the borrower (...) does not make interest payments or repay the principal. In real security, the borrower pledges some of his property, either movable or immovable, as security to the creditor. If the borrower defaults, the creditor has the right to seize the property pledged as security, and, if he wishes, to sell it for cash in lieu of repayment. (shrink)

According to the Aristotelian Constitution of the Athenians , the Assembly in Athens met four times every prytany. At each one of these meetings certain topics had to be discussed or voted on. For instance, a vote concerning the conduct of magistrates presently in office was to be taken at the κυρα κκλησα. At another meeting anyone who wished to could request a discussion of any matter, be it private or public. Nothing is said in this passage or anywhere else (...) in the Constitution of the Athenians about the possibility of holding additional meetings of the Assembly in times of emergency, but in a few passages in the Attic orators we find the term κκλησία σύγκλητος used. The scholia to these passages and some entries in the ancient lexica indicate that this term refers to an extra meeting of the Assembly which could be convened at short notice in order to deal with emergencies. On the basis of this information, scholars have in the past concluded that the Assembly normally met four times each prytany in the Classical period, but that extra meetings, called κκλησία σύγκλητο, could also be held if the need arose. Recently, however, M. H. Hansen, whose work on many aspects of the Assembly has greatly increased our understanding of Athenian democracy, has challenged this communis opinio. Hansen argues that the evidence found in the scholia and lexica is unreliable and should be disregarded. In his view, several passages in the speeches of Aeschines and Demosthenes and some fines in IG ii 212 indicate that the Assembly met a fixed number of times each prytany, no more, no less. (shrink)

In 428b.c.e.the city of Mytilene launched a revolt against the Athenians and invited the Spartans to send them assistance. The plans for the revolt were reported to the Athenians (3.2), who sent a force against the city (3.3). The Mytilenians asked for help from the Spartans (3.4.5–6), but the fleet they sent arrived too late to help the city (3.26.4). The revolt appears to have been the initiative of the city's wealthier citizens: Thucydides reports (3.27–8) that heavy armour was not (...) distributed to the people until Salaethus, the leader of the rebellion, realized that Spartan help would not arrive in time. Once the people received this armour, they refused to take orders from officials and held meetings, insisting that the government should distribute all available grain. If they did not, they threatened to negotiate on their own with the Athenians about surrender. The government was powerless to stop them and decided it was best to come to terms with the Athenians. It was agreed that the Athenians would have the power to act as they wished with the city and that the Mytilenians would have the right to send envoys to Athens to plead their case before the Assembly. (shrink)

This list of the documents found in Lois sacrées des cités grecques. Supplément attempts to classify them in terms of the categories formulated in Harris, “Towards a Typology” (2015). 1. Athens (Agora). Law/decree of the polis (?) – between 510 and 480 BCE (IG I3 231; IE 7) This fragmentary inscription is written in boustrophedon, which dates the text to the late sixth or the early fifth century BCE; Clinton dates the inscription more precisely to 510-500 BCE. Perquisites for officials (...) at th... (shrink)

This list of the documents found in Lois sacrées des cités grecques attempts to classify them in terms of the categories formulated in Harris, “Towards a Typology” (2015). 1. Attica. Athens. Calendar (probably subdivision of the polis) – early fifth century BCE (IG I3 234) The inscription is damaged, but contains the names of months (line 3: Thargelion; line 16: Gamelion), the names of gods, and animals to be sacrificed. The authority cannot be identified, but the non-standard sequence of mo...

This list of the documents found in Lois sacrées de l’Asie Minseure attempts to classify them in terms of the categories formulated in Harris, “Towards a Typology” (2015). 1. Sinope. Law/decree about a priesthood (polis) – third century BCE (I. Sinope 8) This appears to be a law/decree of the polis for the priest of Poseidon Helikonios (line 2) and mentions public rites (lines 2-3), but there is no enactment formula. On the other hand, it may have been a contract (...) between the polis and speci... (shrink)

This list of the documents found in Lois sacrées de l’Asie Minseure attempts to classify them in terms of the categories formulated in Harris, “Towards a Typology” (2015). 1. Sinope. Law/decree about a priesthood (polis) – third century BCE (I. Sinope 8) This appears to be a law/decree of the polis for the priest of Poseidon Helikonios (line 2) and mentions public rites (lines 2-3), but there is no enactment formula. On the other hand, it may have been a contract (...) between the polis and speci... (shrink)

One of the most striking features of Athenian laws regulating commercial activities is the absence of any concept akin to the modern legal notion of the partnership or corporation. Despite the presence in Athenian society of numerous koinoniai, groups of individuals cooperating for some purpose, be it commercial or otherwise, Athenian law concerned itself solely with individual persons and did not recognize the separate legal existence of collective entities. And just as Athenian law did not recognize the legal existence of (...) partnerships or corporations, it also did not possess the notion of corporate liability. This meant that if someone entered into an agreement with a group of individuals and one of those individuals violated the terms of the agreement, the plaintiff proceeded only against the individual who acted contrary to the agreement, not against the group as a whole. If the plaintiff won his suit, he only had a right to receive compensation from the defendant's private property; he did not have a claim on all the funds held in common by the group. (shrink)

This essay examines the terms of the Judicial Oath sworn by the judges in the Athenian courts during the classical period. There is general agreement that the oath contained four basic clauses: to vote in accordance to the laws and decrees of the Athenian people, to vote about matters pertaining to the charge, to listen to both the accuser and defendant equally, and to vote or judge with one’s most fair judgment . Some scholars believe that the fourth clause gave (...) judges the right to vote according to their conscience and to ignore the law if they found it unjust. The first part of the essay shows that this clause gave judges the right to make decisions solely on the basis of their most just judgment only where the laws gave no clear guidance. It was a default clause invoked only twice in the extant orations; it was never used as justification to ignore the written laws. The second part addresses the view that the courts took political factors into account during trials. Although some trials involved leading politicians, the courts were bound by their oath to decide whether the defendant was guilty of the charge brought by the accuser. The only part of a trial where a defendant might mention his political achievements or his public largesse was at during the assessment of the penalty in a trial on a public charge. (shrink)

Summary This essay is divided into three parts. The first examines the documents about Antiphon in the “Lives of the Ten Orators”, which have been attributed to the collection of Craterus, and shows that they must be forgeries because the information contained in them is inconsistent with reliable sources about Athenian laws and legal procedure and with the language and formulas of the preserved decrees of the fifth century and contains other serious mistakes. The second section examines the fragments of (...) the work of Craterus and shows that all are Athenian decrees, most of which relate to imperial administration or to famous personalities and are dated to the period between roughly 480 and 410. None of the fragments of this work can be dated earlier or later than this period. The third section reviews the documents inserted into the texts of the speeches of Andocides, Aeschines and Demosthenes and shows that in the majority of cases the editors who inserted these documents into the text could not have used the work of Craterus either for the texts of the genuine documents or for the information contained in the forged documents. In the other cases there is no evidence indicating that these editors consulted his work, and it appears that those who composed these documents used other sources. (shrink)