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Classic Law Midterm
| Question | Answer |
|---|---|
| Public vs. Private Cases in Classical Athens | Dike (private case): brought by victim/family, many acts we'd consider crimes including homicide, were handled this way Graphe (public): could be brought by a volunteer prosecutor bc the offence concerned the community/state |
| Draco | - first Athenian lawgiver (621 BCE) - wrote first athenian law code - reputation for harshness ("draconian") - likely not simply death penalty for everything; laws permitted forms of private vengeance/self-help |
| Homicide Law | -restricted vengeance killing but contained exceptions -solon later abolished Draco's laws except homicide law |
| Solon | - 594 BCE - reformed athenian government/law -replaced draco's laws except homicide law -laws publicly displayed on wooden tablets -more democratic (emphasized farmers/landowners) - still unequal toward women, enslaved people, non-citizens |
| What is "justice system"? | - rules defining acceptable/unacceptable behaviour -procedures for determining whether someone violated those rules -authorities responsible for judgement/punishment -methods of punishment |
| Ned Stark example | - Games of Thrones szn 1 - warden of the North - leader and judicial authority -personally carries out the sentence he imposed on a deserter -illustrates a check on abuse of power |
| Salem Witch Trials | -trials occurred before judicial officials - accused were punished for witchcraft -unfair- conviction was extremely likely - shows that having formal trials does not equal having a fair justice system |
| Omar Khadr Case | -Canadian citizen captured by US troops in Afghanistan in 2002 -allegedly killed a US serviceman -convicted of murder by US military court -later challenged treatment/returned to Canada -illustrates both criminal and civil justice |
| Mike Duffy | -2014: criminal trial (acquitted of all trials) -2017: filed civil lawsuit against senate and RCMP -2018/19- Ontario supreme court dismissed law suit -2021: SC of canada dismissed case -shows one situation has both criminal and civil proceedings |
| Modern Themes in Khadr and Duffy Cases | 1. citizenship + socioeconomic status of accused 2. special courts (military court) 3. long-term detention 4. appeals 5. criminal vs. civil cases 6. courts used for political/financial purposes |
| P. Claudius Pulcher | - 249 BCE - first Punic war: Rome vs. Catharge -roman consul - commanded 123 ships -preparing to attack carthaginian fleet at Drepana |
| Sacred Chickens | - Romans believed gods communicated their will through omens -chickens were offered food before military action -eat: gods favour action -refuse: unfavourable omen -Claudius's chickens refused to eat |
| What did Claudius do? | -said: if they won't eat, let them drink -ordered chickens thrown into sea -attacked anyway -suffered major defeat -lost 93/123 ships |
| Claudius's trial | -political enemies charged him with capital treason -tried before assembly in Roman Forum - trial legally had to finish in 1 day -storm interrupted proceedings -because trial wasn't completed: couldn't convict him, couldn't retry him on same |
| Claudius's conviction | fined 12,000 denarri 1 denarius = average daily wage of unskilled labourer |
| Familiar Aspects of Claudius Case | -double jeopardy principle -once tried, couldn't simply be retried on same charge -treason remains a modern offence -punishment could include execution/fine -shows some ancient legal concepts have recognizable modern parallels |
| Unfamiliar Aspects of Claudius Case | -charge involved religion/omens -problem wasn't simply losing battle- he ignored divine signs -military conduct tried through ordinary political/legal process -generals could be prosecuted after campaigns, especially defeats -trial occurred outdoor |
| Modern Criminal Law | -concerns acts understood as harming the state/community -police and prosecutors provided by state -state organizes prosecution -punishment includes fines, inprisonment, etc. -even if family/victim forgives offender, state may still prosecute |
| Modern Civial Law | -concerns private disputes bw individuals -plaintiff brings case against defendant -damages generally paid to plaintiff as compensation -state provides legal framework/court but does not prosecute as a crime |
| OJ Simpson Criminal Case | -1994: charger with murders -police arrested him -public prosecutor brought murder charges -jury acquitted him -no criminal penalty |
| OJ Simpson Civil Case | -victims father brought lawsuit -battery + wrongful death -simpson found civilly liable -ordered to pay 33.5 million dollars -demonstrates same underlying event can have different criminal/civil outcomes |
| Ancient Equivalent of Criminal vs. Civil Cases | public cases = criminal private cases = civil BUT ancient categories do not perfectly correspond to modern ones |
| Why is Ancient Law Different? | - no modern-style state-funded: - police forces -prosecutors -prisons -public/criminal category much narrower -many acts we call crimes were handled as private disputes |
| Was Murder a "crime" in Classical Athens? | - not in the modern legal sense -murder handled as a private case -victim's family responsible for prosecution - no prosecution if family didn't pursue it - BUT athenians still regarded murderers as wrongful/dangerous people |
| Ancient Responsibility for Prosecution | -victim/victim's family they might have to: -bring charger -arrange trial -ensure accused attended justice depended much more heavily on private individuals |
| Michel Foucault | -discipline and punish: the birth of the prison -famous claim: we are much less Greeks than we believe" -similar terminology can hide major diff bw ancient and modern institutions -modern society isn't simply continuation of Greece/Rome |
| Temporal Distortion | - projecting modern concepts/institutions backward onto antiquity -assuming familiar words mean ancient institutions functioned the same way -course requires understanding ancient crime/punishment within its historical context |
| Foucault and Democracy | ancient: small-scale, political participation restricted, women, immigrants, enslaved people excluded, diff economic/social system modern: liberal ideas of individual freedom, capitalist context, fundamentally diff structure |
| Ancient Prisons | -mainly temporary detention: awaiting trial, awaiting execution -not normally long-term punishment |
| Modern vs. Ancient Punishment | ancient: -make amends to victim -protect community -rehabilitation existed as an idea but was minority view modern: -amends/retribution -community protection -PLUS major emphasis on rehab/correction |
| Incarceration vs. Exile | modern: -long-term incarceration central ancient: -long-term incarceration generally absent -exile common |
| Culleus | Roman punishment associated with parricide = killing parent/grandparent -condemned sewn into sack -associated with animals such as dog, rooster, snake, ape -sack thrown into running water -animals weren't necessarily essential |
| Mallelolus | -convicted of matricide= killing mother - executed in 103 BCE -punished by sack -shows culleus wasn't merely legend |
| Religious Meaning of Culleus | -crime/parricide produced ritual pollution wooden soles - prevent polluted criminal from touching Roman soil sack- separates criminal from community running water- purification -punishment protected community from religious pollution |
| Lex Pompeia de Parricidiis | -55 BCE -law concerning parricide -seems to have limited use of culleus -during early Empire, sack rarely/never used other forms of execution became more common |
| Evolution of Culleus | early Rome: religious/purification ritual late Republic: religious meaning faded- seemed unnecessarily cruel (declined) late Empire: Christian emperors reintroduced it- now valued for spectacular cruelty and deterrence (rather than old pagan religion) |
| Big Lesson from Culleus | -"Roman Law" wasn't static -ideas of crime/punishment changed dramatically over centuries -always identify historical period -same punishment can have different meanings in different periods |
| BCE/CE | -BCE years count backward -no year 0 -23 BCE- 1 CE -23 BCE- 1 century BCE -123 BCE- 2nd century BCE -223 BCE- 3rd century BCE |
| Greek Periods | Neolithic - Bronze Age - Dark Age - Archaic - Classical - Hellenistic - Roman Domination |
| Dark Age | 1100-750 BCE |
| Archaic Period | 750-480/489 BCE |
| Classical Period | 480-323 BCE |
| Hellenistic Period | 323-30 BCE |
| Franchthi Cave | -humans occupied site for 15,000 years before agriculture -agriculture/domestication arrived in Greece as a package from Middle Eat -apparently not independently invented in Greece |
| Independent Agriculture | 8000 BCE: southeast Anatolia 6800 BCE: China 4000 BCE: Mesoamerica |
| Minoans | -dominated first half of Greek Bronze Age -centered on Crete -named after mythical king Minos -language was not Greek -don't know what they called themselves -advanced palaces/cities by 2000 BCE |
| Linear A | -Minoan writing system -developed around 1900 BCE -Minoan language unknown so still undeciphered |
| Indo-European Arrival (2000 BCE) | -widespread destruction -spread of new language and culture -important turning point -did not immediately end Minoan dominance |
| Myncenaeans | -mainland Greek civilization -named for Mycenae -Minoans heavily influenced them -spoke early form of Greek -their gods → early forms of later Greek gods -greek mythology began developing during this period |
| Linear B | -writing associated with Myncenaeans -early Greek language -same script tradition as linear A but used for different language -evidence of Mycenaean absorption of Minoan civilization |
| Myncenaean Dominance | dominated Aegean around 1400-1100 BCE (Trojan war) |
| Archaeology of Troy | At Hissarlik, NW Turkey: -Frank Calvert -Heinrich Schliemann -Wilhelm Dörpfeld -Carl Blegen Site contains nine levels of Troy |
| Troy VI | -impressive city -destroyed by earthquake in 1250 BCE |
| Troy VIIa | -destroyed by invasion in 1150 BCE -Blegen argued this was Troy of historical Trojan War |
| Mycenaean Collapse | -mycenaean civilization collapsed -great cities destroyed by fire over ~2 generations -destruction across eastern Mediterranean -Egyptian texts mention “Sea Peoples” -cause remains uncertain -Troy's destruction fits broader regional collapse |
| Greek Dark Age | 1100–750 BCE ~350 years -communities initially small/simple -around 900 BCE: became larger/more complex -long-distance trade + strong art/culture existed -called “dark” primarily because evidence is scarce, especially written evidence |
| Trojan War Traditions | -centuries AFTER historical destruction of Troy -developed through oral tradition -had some historical roots -greeks remembered distant Mycenaean past -myth became literary narrative connected to remembered history |
| Major changes of 8th century BCE | Major transition from Dark Age → Archaic: -traditional first Olympics: 776 BCE -writing re-emerged -greek alphabet developed -homeric epics written down -polis formed -colonization expanded |
| Polis | -greek city-state -foundation of Greek political life -examples: Athens, Sparta, Corinth, Thebes -“political” derives from polis -different poleis had different governments but many shared structures |
| Early Polis Politics | Male heads of aristocratic families combined: -cooperation -competition -Aristocratic class collectively dominated lower classes |
| Greek colonization | 8th century BCE onward: -colonies around Mediterranean + Black Sea -especially southern Italy + Sicily Helped manage: -population growth -political competition -expanded Greek cultural influence |
| Phoenicians & Carthage | Phoenicians = people from region around modern Israel/Syria in lecture's description -also established Mediterranean colonies -carthage in North Africa = major Phoenician colony. |
| Hoplite phalanx | Introduced in 7th century BCE -coordinated infantry formation -institutionalized warfare among poleis -required discipline/coordination rather than individual heroism -helped create sense of equality among soldiers -hoplites purchased own armour. |
| Hoplites & Politics | -wealthy enough to buy armour -but often not aristocratic elite -formed an emerging upper-middle class -eventually important governing class in democratic cities |
| Archaic Tyrants | -monarch who seized/held individual power -often challenged traditional aristocracy -frequently gained support from poorer people -could sponsor art/culture to maintain popular support -“Tyrant” does NOT automatically have exactly modern meaning |
| Solon's Political Reforms | -eliminated debt slavery -political representation based more on wealth rather than birth -gave emerging middle class greater political role -important stage toward Athenian democracy |
| Kleisthenes | 508 BCE -further reformed Athenian government toward democracy -Solon + Kleisthenes → 6th century often regarded as period of invention/development of Athenian democracy |
| Ionian Revolt | 499 BCE -Greek cities in Ionia rebelled against Persia -Athens aided rebels -revolt defeated 494 BCE -helped lead to Persian invasions of mainland Greece. |
| Persian Wars | 490 BCE: Darius I defeated at Marathon 480 BCE: Xerxes invades -Thermopylae -Artemisium -Salamis 479 BCE: Plataea Greek victory/end of Persian Wars → beginning of Classical Period |
| 5th-century Greek culture- Drama | Aeschylus Sophocles Euripides Aristophanes |
| 5th-century Greek culture- Other | Socrates → philosophy Pericles → politics Herodotus + Thucydides → history Phidias → sculpture/Parthenon |
| Peloponnesian War | 431–404 BCE Athens-led democratic coalition vs. Sparta-led oligarchic coalition -extremely destructive -defeated populations could face execution/enslavement -Athens defeated 404 BCE |
| Slavery & Classical Achievement | -war captives became major source of enslaved labour -scale of slavery increased -Athenian cultural achievements depended significantly on enslaved labour -important qualification to idea of Classical Athens as a “golden age.” |
| Fourth century | After Athens's defeat: -Athens remained cultural leader -Plato -Aristotle -Demosthenes Demosthenes especially opposed expanding power of Macedonian king Philip II. |
| Alexander the Great | 336 BCE: Philip II murdered -20-year-old Alexander becomes king -conquers territory from Egypt to India -323 BCE: Alexander dies -empire fragments -death marks Classical → Hellenistic transition |
| Hellenistic Period | 323–30 BCE -begins with Alexander's death -Greek language/culture spread far outside Greece -“Hellenic” = Greek -“Hellenistic” = Greek-like/Greek-influenced -many Greek speakers weren't ethnically Greek |
| Hellenistic intellectual culture | -stoicism -epicureanism -library of Alexandria -Euhemerus → gods interpreted as exaggerated historical figures -Apollonius of Rhodes → Argonautica |
| Rosetta Stone | -hellenistic Egypt -early 2nd century BCE -royal decree written in: Greek Egyptian hieroglyphs Demotic Illustrates Greek/Egyptian cultural interaction Crucial to modern decipherment of hieroglyphs |
| Rome conquers Greece | -Achaean Confederacy rebelled against Rome -Rome defeated rebellion -Destroyed Corinth -Rome became virtually unchallenged Mediterranean ruler. |
| Foundation of Rome | 753 BCE -archaeology supports settlement/town at site around this period -early Rome ruled by kings → Regal Period -late 6th c. BCE → aristocracy overthrows monarchy → Republic |
| Greek influence on Rome | -greek colonies existed in southern Italy -Romans identified Italian gods with Greek gods -Example: Jupiter ↔ Zeus -Rome connected to wider Mediterranean culture from early period |
| Pyrrhus | -Hellenistic king of Epirus -helped Greek colony Tarentum resist Rome -won battles but suffered unsustainable losses -origin of term “Pyrrhic victory” -Rome defeated him 275 BCE -captured Tarentum 272 BCE -completed Roman conquest of Italy |
| Trojan origin of Rome | -Aeneas, Trojan prince from Iliad -Escaped Troy → went to Italy -His descendants eventually founded Rome -Connected Rome to prestigious Greek myth/culture |
| Livius Andronicus | Captured at Tarentum → enslaved at Rome 240 BCE: staged Greek-style tragedy in Latin First regular drama text in Latin Greek enslaved man traditionally associated with Roman literature Shows Roman appropriation/integration of Greek culture |
| Why “Punic” Wars? | -Carthage was originally a Phoenician colony -“Punic” derived from Phoenician -Rome's conquest of Italy brought it into competition with Carthage |
| Hannibal | -Carthaginian general -218 BCE: crossed Alps -Invaded/ravaged Italy -Major figure of Second Punic War |
| Defeat of Carthage | 201 BCE: Rome decisively defeats Carthage; associated with Scipio Africanus 149–146 BCE: Third Punic War 146 BCE: Rome destroys Carthage |
| Why did Roman expansion create instability? | -Republican system designed for a city-state -Rome now governed huge Mediterranean territory -Provinces/governors placed strain on institutions -Foreign conquest contributed to internal political conflict. |
| Tiberius Gracchus | -Senator Tiberius Gracchus -Radical political reformer -Beaten to death by fellow political elites -Symbol of growing political violence/instability in Late Republic |
| Marius & Sulla | Generals who overcame major external/internal challenges Then fought civil war against each other Sulla became dictator 81 BCE Established dangerous precedent: -successful generals -loyal armies -march on Rome -seek personal political power |
| Major Late Republican figures | Cicero Pompey Julius Caesar Crassus Cato Antony Cleopatra Octavian/Augustus |
| Caesar/Cato | Cicero/Cato + senatorial faction Defended Senate/Republic Wanted elite class to retain power |
| Caesar/Pompey | Caesar/Pompey Sought individual power Appealed to masses Used games, food distributions, land, public benefits Popularity complicated simple “Republic good / generals bad” interpretation |
| Battle of Actium | 31 BCE Octavian vs. Antony + Cleopatra Octavian victorious Last major battle of Roman civil wars |
| Augustus | -Julius Caesar's nephew/heir -Defeated Antony/Cleopatra -27 BCE: took title Augustus -First Roman Emperor -Claimed to restore Republic -In practice maintained dominant personal control |
| End of Hellenistic Period | -Cleopatra = last Ptolemaic monarch of Egypt -Last independent major Hellenistic successor kingdom -Augustus annexed Egypt -Therefore 30 BCE ≈ end Hellenistic Period -Greece enters Roman Imperial Period |
| Augustan Age | -Beginning of Pax Romana -Stability after civil war -Legal/social reforms -Increased access to courts/law -Golden age of Latin literature: --Virgil — Aeneid --Ovid — Metamorphoses |
| Caracalla | -Extended Roman citizenship to all free inhabitants of Roman Empire -Empire then covered enormous parts of Europe, North Africa + Middle East |
| Third-century crisis | -Political instability -Repeated civil wars over imperial succession -Eventually stabilized by powerful emperors: --Diocletian: 285–305 CE --Constantine: 312–337 CE |
| Constantine | Ruled 312–337 CE Converted to Christianity -Christianization gradually transformed Roman Empire -Did NOT immediately end Roman civilization |
| Fall of Western Roman Empire | 476 CE -Germanic general deposed last Western emperor -Romulus Augustulus -Western empire had fragmented during 5th century -Eastern/Byzantine Empire continued much longer |
| Why focus on Athens? | -Athens wasn't only Greek polis -Some legal practices shared among poleis; others unique -But vast majority of surviving evidence about trials/crime/law comes from Classical Athens Main focus = Athens in 5th + 4th centuries BCE |
| Earliest Greek legal evidence | Homer's Iliad -written down 8th century BCE -developed earlier through oral tradition -claims to depict Mycenaean era -institutions likely reflect late Dark Age more than actual Bronze Age |
| Self-help | -Self-help = person who believes they were wronged takes vengeance/action themselves. -No state police/prosecutor needed. -Important precursor to formal Greek legal procedures |
| Arbitration | Disputing parties voluntarily agree to have third party determine outcome Contrasts with direct vengeance/self-help |
| Achilles' shield legal scene | Man has been killed Killer offers blood price/compensation Victim's representative refuses Parties take dispute to arbitrators/elders Crowd observes Heralds maintain order Elders offer judgments Reward goes to judge giving “most just” decision |
| What's actually disputed? | NOT whether killing occurred. Dispute = appropriate punishment Compensation? Exile? Vengeance? Important because early homicide law focuses heavily on controlling vengeance |
| Importance of blood money | Compensation cannot restore dead person But accepting compensation can prevent cycles of revenge Allows society to continue functioning Movement away from private vengeance toward regulated dispute resolution |
| Features of early court | Voluntary arbitration Council of elders Crowd/community participation Heralds maintain order Multiple possible judgments No written law code Decisions based on justice + social convention/custom |
| First written Greek laws | 7th century BCE Archaic Period Legendary earliest laws associated with Locri, southern Italy Lawgiver: Zaleucus Surviving inscriptions elsewhere include famous law code at Gortyn, Crete |
| Why written law matters | Greater consistency Reduced arbitrary decisions Law visible/fixed Move toward equality under law |
| Problems with written law | Equality remained limited Women, enslaved people, non-citizens + different classes treated unequally |
| Nomos | Nomos = custom/law Plural = nomoi Originally strongly associated with: -Custom -Tradition -Precedent |
| Thesmos | Thesmos = written/enacted law Plural = thesmoi Early written laws sometimes called thesmoi to distinguish them from customary nomoi. Loosely comparable to codified/civil law |
| Why lawgivers? | ntense competition: democrats oligarchs tyrants social classes Written rules reduced partisan interpretation Sometimes neutral outsiders brought in Shows law developed partly from class/political conflict, not simply private disputes |
| Draco | Athenian archon/lawgiver 621 BCE First Athenian written law code Reputation for extreme harshness → draconian Modern scholarship/lecture complicates this reputation |
| Why Draco may not have been “draconian” | Laws operated in culture where private vengeance/self-help was normal They often regulated or permitted private vengeance Homicide law restricted vengeance killing but allowed exceptions Harsh reputation may partly reflect institutionalized self-help |
| Solon | 594 BCE Reworked government + laws Abolished Draco's laws except homicide law Increased accessibility/consistency Remained unequal in practice Classical Athenians continued regarding laws as fundamentally Solonian |
| Areopagus | Aristocratic council of elders Named for meeting place: Hill of Ares Important early governing/judicial institution Later composed of men who had previously served as Archons |
| Oikos & kyrios | Oikos Household Plural = oikoi Kyrios Male head/guardian of household Greek law heavily organized around rights/status of male household heads |
| Nine Archons | Important Athenian magistrates: Basileus Polemarchos Eponymous Archon 6 Thesmothetai |
Created by:
aubreygoosen