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قراءة كتاب Encyclopaedia Britannica, 11th Edition, "Greek Law" to "Ground-Squirrel" Volume 12, Slice 5
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Encyclopaedia Britannica, 11th Edition, "Greek Law" to "Ground-Squirrel" Volume 12, Slice 5
tag="{http://www.w3.org/1999/xhtml}a">GROUCHY, EMMANUEL
GREEK LAW. Ancient Greek law is a branch of comparative jurisprudence the importance of which has been long ignored. Jurists have commonly left its study to scholars, who have generally refrained from comparing the institutions Greek law and comparative jurisprudence. of the Greeks with those of other nations. Greek law has, however, been partially compared with Roman law, and has been incidentally illustrated with the aid of the primitive institutions of the Germanic nations. It may now be studied in its earlier stages in the laws of Gortyn; its influence may be traced in legal documents preserved in Egyptian papyri; and it may be recognized as a consistent whole in its ultimate relations to Roman law in the eastern provinces of the Roman empire.
The existence of certain panhellenic principles of law is implied by the custom of settling a difference between two Greek states, or between members of a single state, by resorting to external arbitration. The general unity of Greek law is mainly to be seen in the laws of inheritance and adoption, in laws of commerce and contract, and in the publicity uniformly given to legal agreements.
No systematic collection of Greek laws has come down to us. Our knowledge of some of the earliest notions of the subject is derived from the Homeric poems. For the details of Attic law we have to depend on ex parte statements Original authorities. in the speeches of the Attic orators, and we are sometimes enabled to check those statements by the trustworthy, but often imperfect, aid of inscriptions. Incidental illustrations of the laws of Athens may be found in the Laws of Plato, who deals with the theory of the subject without exercising any influence on actual practice. The Laws of Plato are criticized in the Politics of Aristotle, who, besides discussing laws in their relation to constitutions, reviews the work of certain early Greek lawgivers. The treatise on the Constitution of Athens includes an account of the jurisdiction of the various public officials and of the machinery of the law courts, and thus enables us to dispense with the second-hand testimony of grammarians and scholiasts who derived their information from that treatise (see Constitution of Athens). The works of Theophrastus On the Laws, which included a recapitulation of the laws of various barbaric as well as Grecian states, are now represented by only a few fragments (Nos. 97-106, ed. Wimmer).
Our earliest evidence is to be sought in the Homeric poems. In the primitive society of the heroic age (as noticed by Plato) written laws were necessarily unknown; for, “in Law in Homer. that early period, they had no letters; they lived by habit and by the customs of their ancestors” (Laws, 680 A). We find a survival from a still more primitive time in the savage Cyclops, who is “unfamiliar with dooms of law, or rules of right” (οὔτε δικας εὖ εἰδότα οὔτε θέμιστας, Od. ix. 215 and 112 f.).
Dikē (δίκη), assigned by Curtius (Etym. 134) to the same root as δείκνυμι, primarily means a “way pointed out,” a “course prescribed by usage,” hence “way” or “fashion,” “manner” Dikē. or “precedent.” In the Homeric poems it sometimes signifies a “doom” of law, a legal “right,” a “lawsuit”; while it is rarely synonymous with “justice,” as in Od. xiv. 84, where “the gods honour justice,” τίουσι δίκην.
Various senses of “right” are expressed in the same poems by themis (θἐμις), a term assigned (ib. 254) to the same root as τίθημι. In its primary sense themis is that which “has been laid down”; hence a particular decision or “doom.” The Themis. plural themistes implies a body of such precedents, “rules of right,” which the king receives from Zeus with his sceptre (Il. ix. 99). Themis and dikē have sometimes been compared with the Roman fas and jus respectively, the former being regarded as of divine, the latter of human origin; and this is more satisfactory than the latest view (that of Hirzel), which makes “counsel” the primary meaning of themis.
Thesmos (θεσμός), an ordinance (from the same root as themis), is not found in “Homer,” except in the last line of the Thesmos. Nomos. original form of the Odyssey (xxiii. 296), where it probably refers to the “ordinance” of wedlock. The common term for law, νόμος, is first found in Hesiod, but not in a specially legal sense (e.g. Op. 276).
A trial for homicide is one of the scenes represented on the shield of Achilles (Il. xviii. 497-508). The folk are here to be seen thronging the market-place, where a strife has arisen between two men as to the price of a man