Adeia in Fifth-Century Athens

2021 ◽  
pp. 1-26
Author(s):  
Alberto Esu
Keyword(s):  
Legal System ◽  
Fifth Century ◽  
Legal Change ◽  
Legal Procedure ◽  
Emergency Powers ◽  
Temporary Suspension

Abstract This article discusses the rationale of adeia (immunity) in the fifth-century Athenian legal system. It argues that adeia was designed to grant a temporary suspension of the effect of a law in exceptional circumstances without allowing for any permanent legal change. This article explores the origin of adeia and the relevant ideology underpinning the legal procedure. It provides a comprehensive reconstruction of the legal procedure and analyses the extensive use of adeia for collecting information during the investigation of the profanation of the Mysteries and the mutilation of the herms in 415 BC. This article also discusses the implications of the use of adeia for public investigation and emergency powers in Classical Athens.

Athenian Democracy and Legal Change

2004 ◽  
Vol 98 (2) ◽  
pp. 311-325 ◽  
Author(s):  
MELISSA SCHWARTZBERG
Keyword(s):  
Fourth Century ◽  
Fifth Century ◽  
Ancient World ◽  
Legal Change ◽  
Athenian Democracy ◽  
Apparent Paradox ◽  
Legal Procedure ◽  
Greek World

The ancient Athenians regarded their ability to modify their laws as a fundamentally democratic trait; indeed, the faculty of “pragmatic innovation” was well known throughout the Greek world and was widely viewed as a key advantage that Athens had over its rival, Sparta. The Athenian commitment to legal change endured despite disastrous consequences at the end of the fifth century, a comprehensive revision of the laws, and the complication of legal procedure in the fourth century. In an apparent paradox, however, the Athenians also used “entrenchment clauses” to make certain laws immutable. Through analysis of entrenched laws and decrees, it is shown that the innovativeness that made Athens enviable also made it a difficult ally; entrenchment enabled the Athenians to make its commitments more credible. Although today entrenchment is typically used to protect crucial constitutional provisions, such as rights, in the ancient world it served a strategic purpose.

scholarly journals Islam's Attitude towards Democracy Comparative Study in International Human Rights Law

2016 ◽  
Vol 9 (1) ◽  
pp. 73
Author(s):  
Suhail Hussein Al-Fatlawi
Keyword(s):  
Legal System ◽  
Liberal Democracy ◽  
Fifth Century ◽  
The Political ◽  
Islamic State ◽  
International Human Rights Law ◽  
Legislative Authority ◽  
The People ◽  
History Of ◽  
Muslim Scholars

<p>Democracy was established in the Greek cities in the fifth century B.C. It is a liberal western system. In this regard, various Islamic countries applied democracy as a political and legal system where the people elect their representatives in the legislative authority in order to put the legal regulations that organize the human behavior.</p>The research included a brief idea about liberal democracy, its history and objectives, the political and legal system in the Islamic state, the dispute among Muslim scholars on the application of democracy in the Islamic states; some Muslim scholars refuse to apply democracy since the legal system in Islam relies on the Holly Qor'an and the Prophet's speeches, which are a biding regulation for Muslims, while other authors believe that Islam accepts democracy and others think that Islam should have its special democracy that differs from the liberal democracy. This paper discussed the political and legal systems that were applied the Islamic state during the history of Islam. Finally the paper presented the most conclusions and recommendations reached by the researcher.

scholarly journals Analysis of the Jurisdiction of the Courts of First Instance of Turkey

2019 ◽  
Vol 12 (5) ◽  
pp. 79
Author(s):  
Ravil R. Zainashev ◽  
Idris M. Gilmanov ◽  
Muhamat M. Gilmanov
Keyword(s):  
Legal System ◽  
Scientific Research ◽  
Judicial System ◽  
European Countries ◽  
Legal Procedure ◽  
Criminal Offenses ◽  
History Of ◽  
Simplified Procedures ◽  
Criminal Matters ◽  
Justice Of The Peace

The article presents three periods from the history of the legal system of Turkey, the knowledge of which will allow for objective scientific research. Indeed, each period has contributed to the development of the judicial system. Of particular importance will be the attitude of the legislator to the justice of the peace in criminal matters with a maximum sentence of up to 1 year in prison. The latter since 2014 were abolished and their load was redistributed to a higher authority. France did likewise, which also rejected justice of the peace. In addition, this study addresses the issues of the accelerated process, which was either introduced or canceled. In Russia, a simplified legal procedure has been successfully applied. Most European countries apply simplified the legal procedure to criminal offenses for which the maximum sanction of punishment is up to five years in prison. In Turkey, a simplified legal procedure was applied to criminal offenses with a maximum sentence of up to 2 years in prison. Despite a small sanction and tendencies in other countries to introduce simplified procedures, the Turkish legislator refused this practice.

Advice, Advisers, and Courtiers Decision Making and Advice in the Royal Book of the Illustrated Chronicle Compilation

2020 ◽  
pp. 259-298
Author(s):  
Daniel B. Rowland
Keyword(s):  
Decision Making ◽  
Political Culture ◽  
Legal System ◽  
The Political ◽  
Legal Procedure ◽  
Time Of Troubles ◽  
Judicial Procedure ◽  
Crucial Ingredient

This chapter investigates the problem of advice and advisers in the political culture of Muscovy, which was found to be vitally important to the various authors of the tales about the Time of Troubles. It shows that consultation with advisers, together with other legitimizing factors, was a crucial ingredient in the Illustrated Chronicle Compilation (ICC) when depicting proper judicial procedure prior to punishment. It also discusses ICC artists that were careful to represent the legitimating features of legal procedure, which were notably absent in cases of violence processed outside the official legal system. The chapter focuses on the imagery in the ICC that depict crucial moments in the succession from Vasilii III to Ivan IV. It confirms whether the pattern of presenting the monarch together with its advisers holds true for the ICC.

Police Procedures and Petitions in Roman Egypt: The Role of Village Officials

2020 ◽  
pp. 20-40
Author(s):  
Roberto Mascellari
Keyword(s):  
Legal System ◽  
Primary Role ◽  
Legal Procedure ◽  
System P ◽  
Roman Egypt ◽  
Local Officials ◽  
Police System

This chapter examines how far village officials were involved in the handling of crimes in the first three centuries of Roman rule in Egypt (AD I–III). Village officials played a primary role in the early enquiries, as they represented the main point of contact for any villager who sought guidance and support in case of offence. They were assigned well-defined tasks in the police system and were able, within fixed limits, to act independently from higher authorities. The evidence shows that the interaction between villagers and local officials after crime was reported often determined the adoption of a specific legal procedure by the offended party: frequently, the prompt submission of written complaints to higher officials. This study suggests that, contrary to some previous views, the work of village officials in dealing with crime was fundamental for the functioning of the broader police and legal system.

Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change

2021 ◽  
pp. 297-302
Author(s):  
Marc Galanter
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Change ◽  
System P ◽  
The Law ◽  
Over Time ◽  
Do So ◽  
The Way

This article proposes some conjectures about the way in which the basic architecture of the legal system creates and limits the possibilities of using the system as a means of redistributive change. Specifically, the question is under what conditions litigation can be redistributive, taking litigation in the broadest sense of the presentation of claims to be decided by courts. Because of differences in their size, differences in the state of the law, and differences in their resources, some of the actors in society have many occasions to utilize the courts; others do so only rarely. One can divide these actors into those claimants who have only occasional recourse to the courts (one-shotters) and repeat players who are engaged in many similar litigations over time. The article then looks at alternatives to the official litigation system.

scholarly journals Lelang Jabatan dalam Sistem Hukum di Indonesia

2015 ◽  
Vol 3 (1) ◽  
pp. 38
Author(s):  
Elidar Sari
Keyword(s):  
Legal System ◽  
Civil Servant ◽  
Legal Procedure ◽  
The Public ◽  
The Law ◽  
The Government ◽  
Government Body ◽  
Public Demand

The case of official positional auction under Indonesia legal system is not yet determined hence on this case, the civil servant regulation is adopted as a reference on goverment organization. Therefore, the government body or state officials may consider any policy in order to fullfil the public demand. Indonesian officials have right to act based on Fress Ermessen’s principle which can provides the freedom for authorized party to make decision as long as it is still on the track and does not overreach legal procedure. Consequently, the official positional auction is considered as a policy that belong to all state officials as long as it does not againts the law.

Response to Rebecca Scott's “Discerning a Dignitary Offense”

2020 ◽  
Vol 38 (3) ◽  
pp. 571-583
Author(s):  
Laura F. Edwards
Keyword(s):  
Nineteenth Century ◽  
Civil War ◽  
Legal System ◽  
Legal Change ◽  
The Law ◽  
Civil War Era

I applaud Scott's contributions. In this comment, I would like to take them up and push them further. Doing so points to a very different understanding of people's relationship to law and the legal system in the nineteenth century than is now current in much of the historiography. That perspective, I argue, can transform our understanding of the law and legal change in the Civil War era and in the nineteenth century more broadly.

Galanter’s Analysis of the “Limits of Legal Change” as Applied to Criminal Cases and Reform

2021 ◽  
pp. 312-316
Author(s):  
Cynthia Alkon
Keyword(s):  
Legal System ◽  
Legal Reform ◽  
Legal Change ◽  
Criminal Cases ◽  
Depth Analysis ◽  
Criminal Legal System ◽  
The Impact

Marc Galanter’s Why the “Haves” Come Out Ahead: Speculations on the Limits of Legal Change was not intended to be an in-depth analysis of the criminal legal system. Instead, it asks the reader to look broadly at the legal system to examine what might help decrease inequalities for the have-nots in our society. I will focus on a few of these limitations and the impact (or lack thereof) on criminal legal reform....

Hukum dan Kearifan Lokal Dalam Penyelesaian Perselisihan Hubungan Industrial

2021 ◽  
Vol 13 (1) ◽  
pp. 115-138
Author(s):  
Ashadi L. Diab ◽  
Iskandar Iskandar
Keyword(s):  
Legal System ◽  
Industrial Relations ◽  
District Court ◽  
Legal Institutions ◽  
Legal Change ◽  
Legal Certainty ◽  
Department Of Labor ◽  
Difference Of Opinion

This study discusses how is the implementation of industrial relations resolution through the industrial relations court in the Kendari District Court? Is the local wisdom-based approach capable of providing legal certainty to both parties? To what extent is the District Court's efforts to resolve disputes through a local wisdom approach?In this study, the author uses the theory of legal change and the legal system and the theory of conflict. The results of the study indicate that the settlement of industrial relations disputes is a difference of opinion which results in conflicts between employers or a combination of employers and workers / laborers.                 In order to resolve industrial relations disputes, it can be done in two ways. First, through the pathway outside the industrial relations court, which includes mediation, conciliation, bipatrite and arbitration based on local wisdom. The second is through the industrial relations court.             The local wisdom-based approach is very able to provide legal certainty through out-of-court channels, but the place to process through local wisdom is not yet adequate or there is no proper Regional Regulation that regulates it, especially in Kendari, Southeast Sulawesi. So that if there is a Regional Regulation, it is easier for the Department of Labor to process based on the applicable rules that are compounds with local wisdom. The efforts of the District Court in resolving disputes through a local wisdom approach. A number of facts show that cases handled by legal institutions before the birth of Law No. 13 of 2003 and Law No. 2 of 2004, not fully resolved. With the birth of the two laws mentioned above, most of the shortcomings as previously happened can be overcome

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