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The
Law in Ancient Greece
The
traditions of Athens and Sparta say that the laws were given
to them by Solon
and Lycurgus,
legendary figures who served as leaders of their city-states
long ago. The two traditions agree that the laws are made by
the Assembly and approved by the Senate. These laws, then,
are made by people, not gods. The most famous of these
city-states is Athens.
Only
citizens--those people who were born in Athens or children
of people born in Athens--could be part of the
government.
If
you were accused of a crime, you could have another citizen
help you plead your case. This was not a lawyer, just a
person who could help. Also, if you accused someone of
stealing, you could get in return only what that person
stole from you--no more.
Athens
also provided for the ostracism of someone the people didn't
like. By a vote of the Assembly, any person could be
banished from Athens. You didn't get a hearing or a trial;
you had to leave. This ostracism lasted only for 10 years.
After that, you could come back and live in Athens. And the
Assembly played no favorites. The great Aristides,
hero of the Persian
War, was
ostracized for a time--in the middle of the war. (He was
called back after only two years, though.) Athens had a
court system made up of judges and juries. Judges decided
minor cases, but some of the major cases were decided in
front of a jury. As a juror, you were chosen by lot and
served for a year. Jury cases were argued with just the
accuser and the accused making statements. No judge was
present, and the jury's decision was binding: No appeal was
possible.
Business
contracts were enforced by laws. Religious societies and
some businesses were protected under the laws such that
their by-laws were treated as lawful and binding. Athens had
laws covering personal property and providing for damages if
that personal property was ruined or stolen. The Greeks even
had a law protecting trademarks.
The
Greeks distinguished between premeditated murder and
accidental killing. Murderers were sentenced to capital
punishment or permanent exile. The punishment for accidental
killing was not so harsh.
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copyright 2002-2010,
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