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Download From Popular Sovereignty to the Sovereignty of Law: Law, by Martin Ostwald PDF

By Martin Ostwald

Examining the "democratic" good points and associations of the Athenian democracy within the 5th century B.C., Martin Ostwald lines their improvement from Solon's judicial reforms to the flowering of renowned sovereignty, while the folk assumed the ideal either to enact all laws and to carry magistrates liable for enforcing what were enacted.

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Extra resources for From Popular Sovereignty to the Sovereignty of Law: Law, Society, and Politics in Fifth-Century Athens

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Vesp . 240-44, and from the dog trial, ibid. 836-1008; see below, pp. 212-13 with n. 59. [250] See below, Appendix A, case 6 with n. 5. [251] See Hansen, Eisangelia 84-86 (case 66). We shall deal with this case in greater detail below, pp. 434-41. C. [253] Why these cases were entrusted to the jurisdiction of the Assembly we do not know. We may conclude, then, that Ephialtes left untouched the fight of the Assembly to recall and depose the generals and that, in removing the Areopagus from any role in their euthyna , he may have made a regular euthyna of generals upon the expiration of their terms of office a mandatory institution to be conducted before the demos in its judicial capacity (dikasterion ) without the intervention of euthynoi .

Pol . 2; Lex. Rhet. Cantab . v. ). The decision of the jury was final and not subject to appeal (Dem. 250). C. subsidiary to those of the logistai . Like the logistai , they constituted a board of ten, but in their case each tribe contributed one member. [213] Their functions began only after the retiring magistrate's euthyna had been passed upon by the jury court and apparently consisted in hearing complaints about aspects of his administration other than those involving financial matters. At the assemblies of their tribes[214] they sat for three days after disposal of the case by the jury court each alongside the statue of the Eponymous Hero of his own tribe to accept in writing any charges against the retiring magistrate.

Cf. above, p. 49. 7-8) enables us to in the fifth century. v... actionable by eisangelia , that the Council dealt with the complaint in the first instance, and that most cases were referred for final judgment to a jury court. The charges range from impiety (asebeia ) to embezzlement, treason, and conspiracy;[204] in six cases we have information that the charge was officially first laid before the Council;[205] in three of the five cases in which a tribunal is named it is the jury court, and in only one, which also happens to be the only case against an incumbent general, the Assembly;[206] and the penalties, where specified, are death and confiscation of property, and, in the only case where the Council gives the final judgment, five hundred drachmas.

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