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قراءة كتاب Encyclopaedia Britannica, 11th Edition, "Isabnormal Lines" to "Italic" Volume 14, Slice 8

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Encyclopaedia Britannica, 11th Edition, "Isabnormal Lines" to "Italic"
Volume 14, Slice 8

Encyclopaedia Britannica, 11th Edition, "Isabnormal Lines" to "Italic" Volume 14, Slice 8

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دار النشر: Project Gutenberg
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composition of Demosthenes resembles that of Isaeus in blending terse and vigorous periods with passages of more lax and fluent ease, as well as in that dramatic vivacity which is given by rhetorical question and similar devices. In the versatile disposition of subject-matter, the divisions of “narrative” and “proof” being shifted and interwoven according to circumstances, Demosthenes has clearly been instructed by the example of Isaeus. Still more plainly and strikingly is this so in regard to the elaboration of systematic, proof; here Demosthenes invites direct and close comparison with Isaeus by his method of drawing out a chain of arguments, or enforcing a proposition by strict legal argument. And, more generally, Demosthenes is the pupil of Isaeus, though here the pupil became even greater than the master, in that faculty of grappling with an adversary’s case point by point, in that aptitude for close and strenuous conflict which is expressed by the words ἀγών, ἐναγώνιος.5

The pseudo-Plutarch, in his life of Isaeus, mentions an Art of Rhetoric and sixty-four speeches, of which fifty were accounted genuine. From a passage of Photius it appears that at least6 the fifty speeches of recognized authenticity were extant as late as A.D. 850. Only eleven, with a large part of a twelfth, have come down to us; but the titles of forty-two7 others are known.8

The titles of the lost speeches confirm the statement of Dionysius that the speeches of Isaeus were exclusively forensic; and only three titles indicate speeches made in public causes. The remainder, concerned with private causes, may be classed under six heads:—(1) κληρικοί—cases of claim to an inheritance; (2) ἐπικληρικοί—cases of claim to the hand of an heiress; (3) διαδικασίαι—cases of claim of property; (4) ἀποστασίου—cases of claim to the ownership of a slave; (5) ἐγγύης—action brought against a surety whose principal had made default; (6) ἀντωμοσία (as = παραγραφή)—a special plea; (7) ἔφεσις—appeal from one jurisdiction to another.

Eleven of the twelve extant speeches belong to class (1), the κληρικοί, or claims to an inheritance. This was probably the branch of practice in which Isaeus had done his most important and most characteristic work. And, according to the ancient custom, this class of speeches would therefore stand first in the manuscript collections of his writings. The case of Antiphon is parallel: his speeches in cases of homicide (φονικοί) were those on which his reputation mainly depended, and stood first in the manuscripts. Their exclusive preservation, like that of the speeches made by Isaeus in will-cases, is thus primarily an accident of manuscript tradition, but partly also the result of the writer’s special prestige.

Six of the twelve extant speeches are directly concerned with claims to an estate; five others are connected with legal proceedings arising out of such a claim. They may be classified thus (the name given in each case being that of the person whose estate is in dispute):

I. Trials of Claim to an Inheritance (διαδικασίαι).

1. Or. i., Cleonymus. Date between 360 and 353 B.C.

2. Or. iv., Nicostratus. Date uncertain.

3. Or. vii., Apollodorus. 353 B.C.

4. Or. viii., Ciron. 375 B.C.

5. Or. ix., Astyphilus. 369 B.C. (c. 390, Schömann).

6. Or. x., Aristarchus. 377-371 B.C. (386-384, Schömann).

II. Actions for False Witness (δίκαι ψευδομαρτυριῶν).

1. Or. ii., Menecles. 354 B.C.

2. Or. iii., Pyrrhus. Date uncertain, but comparatively late.

3. Or. vi., Philoctemon. 364-363 B.C.

III. Action to Compel the Discharge of a Suretyship (ἐγγύης δίκη).

Or. v., Dicaeogenes. 390 B.C.

IV. Indictment of a Guardian for Maltreatment of a Ward (εἰσαγγελία κακώσεως ὀρφανοῦ).

Or. xi., Hagnias. 359 B.C.

V. Appeal from Arbitration to a Dicastery (ἔφεσις).

Or. xii., For Euphiletus. (Incomplete.) Date uncertain.

The speeches of Isaeus supply valuable illustrations to the early history of testamentary law. They show us the faculty of adoption, still, indeed, associated with the religious motive in which it originated, as a mode of securing that the sacred rites of the family shall continue to be discharged by one who can call himself the son of the deceased. But practically the civil aspect of adoption is, for the Athenian citizen, predominant over the religious; he adopts a son in order to bestow property on a person to whom he wishes to bequeath it. The Athenian system, as interpreted by Isaeus, is thus intermediate, at least in spirit, between the purely religious standpoint of the Hindu and the maturer form which Roman testamentary law had reached before the time of Cicero.9 As to the form of the speeches, it is remarkable for its variety. There are three which, taken together, may be considered as best representing the diversity and range of their author’s power. The fifth, with its simple but lively diction, its graceful and persuasive narrative, recalls the qualities of Lysias. The eleventh, with its sustained and impetuous power, has no slight resemblance to the manner of Demosthenes. The eighth is, of all, the most characteristic, alike in narrative and in argument. Isaeus is here seen at his best. No reader who is interested in the social life of ancient Greece need find Isaeus dull. If the glimpses of Greek society which he gives us are seldom so gay and picturesque as those which enliven the pages of Lysias, they are certainly not less suggestive. Here, where the innermost relations and central interests of the family are in question, we touch the springs of social life; we are

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