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2019, Lorenzo Gagliardi, Laura Pepe (eds), DIKE: Essays on Greek Law in Honour of Alberto Maffi. Milano
HISTORIKA Studi di storia greca e romana
Nomothesia e amministrazione finanziaria: frammenti epigrafici di 'costituzionalizzazione' e sviluppo istituzionale nell'Atene di IV secolo2019 •
This article tackles the problem of the changes to the merismos – the law that in the fourth century allocated Athenian funds to various treasuries and magistrates – ordered by decree in IG II3 1 327, 452 e 355, yet to be ratified by the nomothetai. By analysing these inscrip- tions within the wider context of Athenian finances and lawmaking, the article proposes a new reconstruction of how these changes were institutionally legitimised, and of the ef- fects that this legitimation had on the role of the nomothetai and on the development of Athenian financial administration. In doing so, the article uses methodologies from New Institutionalism and assesses the strengths and weaknesses of traditional approaches to Greek institutional history.
Dike Rivista di Storia del Diritto Greco e Ellenistico
The Crown Trial and Athenian Legal Procedure in Public Cases against Illegal Decrees2019 •
This essay discusses several aspects of the legal procedures relating to Aeschines' prosecution of Ctesiphon in 330 BCE. First, the essay demonstrates that through an improved reading of the law at Demosthenes 23.92 that Ctesiphon's proposal had not expired when Aeschines brought his case to court in 330. Second, the essay shows that the penalty Aeschines would have suffered for not gaining one fifth of the votes at the trial was not the loss of the right to bring the same kind of cases again but the loss of the right to bring any public cases in the future. Third, the essay analyzes the phrase 'trials brought by decree' (Aeschin. 3.4) and proves that the phrase refers to trials in the Assembly brought on the basis of an ad hoc decree and not to trials in the courts with procedures modified by a decree of the Assembly. In questo saggio vengono discussi alcuni aspetti della procedura relativa all'azione intentata da Eschine contro Ctesifonte nel 330 a.C. Prima di tutto si intende dimostrare, attraverso una corretta interpretazione della legge riportata in Dem. 23.92, che la proposta di Ctesifonte non era scaduta quando Eschine agì in giudizio nel 330. In secondo luogo si vuole dimostrare che la penalità in cui Eschine rischiava di incorrere, qualora non avesse ottenuto un quinto dei voti dei giudici, era la perdita del diritto di intentare in futuro non soltanto lo stesso tipo di azioni ma ogni tipo di azione pubblica. In terzo luogo viene analizzata la locuzione 'azioni intentate sulla base di un decreto' (Aeschin. 3.4) allo scopo di dimostrare che essa si riferisce a processi della cui decisione viene investita l'Assemblea sulla base di un apposito decreto, non a processi di competenza dei tribunali seguendo procedure modificate in forza di un decreto dell'Assemblea.
Klio 100/1 (2018) 70-124
The authenticity of the document at Dem. 24.20-3, the procedures of nomothesia and the so-called ἐπιχɛιροτονία τῶν νόμων2018 •
This article is a response to Hansenʼs recent defence of the authenticity of the document at Demosth. or. 24.20–3. It discusses the methodology for assessing the authenticity of the documents in the orators, in particular the role(s) of the stichometry and the importance of the epigraphic evidence. It provides an in-depth analysis of the evidence about the nomothesia procedure provided in Demosthenesʼ " Against Timocrates " , showing, first, that this procedure was one centred on the enactment of new laws, and not, as the document describes, a general review of the laws of Athens; second, that the procedure described in the speech is one that can be initiated at all points of the year (consistently with what the epigraphic evidence shows), whereas the document describes an annual procedure taking place only on the 11 th day of the first prytany; third, that the procedure described in the speech was initiated by a simple διαχειροτονία that allowed new proposals to be made, whereas the document describes multiple initial votes " kapitelweise " to be held in the Assembly on different groups of existing laws. The last part of the article surveys eight specific problems with the text of the document, which confirm that it cannot be an authentic Athenian law.
In his prosecution of Ctesiphon for proposing an illegal decree, Aeschines claims that the law against awarding crowns to officials who had not yet passed their euthynai applied to all kinds of crowns. In his reply to this charge, Demosthenes states that the law applied only to crowns award for general conduct in office, not for single acts of generosity or for performance of a specific task. This essay collects the epigraphic evidence that shows Demosthenes interprets the law in the normal way and that Aeschines' charge against Ctesiphon was baseless.
Attic Inscriptions in UK Collections
Attic Inscriptions in UK Collections 4.2 (British Museum, Decrees of the Council and Assembly)2020 •
This, the second part of our publication of the Attic inscriptions in the British Museum, contains new editions of the seventeen decrees of the Council and Assembly in the collection. All were acquired in Athens by UK aristocrats in the early 19th century and are published here in most cases together with other fragments of the same inscriptions still in Athens. The inscriptions offer a series of illuminating snapshots of the policy preoccupations of Athenian citizens across the entire span of Athenian decree-inscribing, from the early 5th century BC to the early 3rd century AD, and include important documents of the Eleusinian Mysteries and the Athenian Empire as well as characteristic inscriptions of the 4th century BC and Hellenistic and Roman Athens. Introductory sections discuss the history of the collection and locate the inscriptions in the context of Athenian decree-inscribing and Athenian history more broadly. In addition to significant new epigraphical findings this edition includes reassessments of several major inscriptions.
Harter-Uibopuu, Kaja & Werner Riess (eds) Symposion 2019. Vorträge zur griechischen und hellenistischen Rechtsgeschichte (Hamburg, 26.–28 August 2019), 263-89, WHeien
Resurrecting democracy? Law and institutions in early Antigonid Athens (307-301 BC)In this paper I investigate the legal and institutional reforms or innovations that were introduced in the period 307-301 BC, a period recorded as the restoration of democracy, the rationale behind them and the tensions that developed when royals were involved in the day-to-day administration of public affairs in an independent, autonomous polis
Klio
The Work of Craterus and the Documents in the Attic Orators and in the "Lives of the Ten Orators"2021 •
This essay is divided into three parts. The first examines the documents about Antiphon in the "Lives of the Ten Orators" (Plut. X orat. 833d-834b), which have been attributed to the collection of Craterus, and shows that they must be forgeries because the information contained in them is inconsistent with reliable sources about Athenian laws and legal procedure and with the language and formulas of the preserved decrees of the fifth century and contains other serious mistakes. The second section examines the fragments of the work of Craterus and shows that all are Athenian decrees, most of which relate to imperial administration or to famous personalities and are dated to the period between roughly 480 and 410. None of the fragments of this work can be dated earlier or later than this period. The third section reviews the documents inserted into the texts of the speeches of Andocides, Aeschines and Demosthenes and shows that in the majority of cases the editors who inserted these documents into the text could not have used the work of Craterus either for the texts of the genuine documents or for the information contained in the forged documents. In the other cases there is no evidence indicating that these editors consulted his work, and it appears that those who composed these documents used other sources.
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2018 •
2020 •
2017 •
Published in C. Carey, I. Giannadaki and B. Griffith Williams (eds), Use and Abuse of Law in Athenian Courts, Brill (Leiden) 271-292
Laws Against Laws: the Athenian Ideology of Legislation2018 •
2020 •
2018 •
Journal of Ancient History and Archaeology
Athenian Mercantilism: A New Approach to the Coinage Decree & the Law of Nicophon2019 •
E. Cavanagh (ed) Empire and Legal Thought: Ideas and Institutions from Antiquity to Modernity, Leiden (Brill, Legal History Library)
After the Empire: Judicial Review and Athenian Interstate Relations in the Age of Demosthenes, 354–22 BCE2020 •
2016 •
Rivista di Filologia e Istruzione Classica
«For anyone who wishes to read up close...». A few thoughts revolving around the formula σκοπεῖν τῷ βουλομένῳ in Attic inscriptions, «RivFil» 146, 2018, pp. 334-3802018 •
G. Thür, U. Yiftach, R. Zelnick-Abramovitz (eds), Symposion 2017. Vorträge zur griechischen und hellenistischen Rechtsgeschichte (Tel Aviv, 20.–23. August 2017), Vienna 2019, pp. 65-98
Athenian Constitutionalism: Nomothesia and Graphe Nomon Me Epitedeion Theinai2019 •
Journal of Ancient Civilizations (JAC)
Narrating Checks and Balances? The Setup of Finance- related Administrative Documents and Institutions in 5th and 4th Century BC Athens2019 •
Zeitschrift für Papyrologie und Epigraphik
5th-Century Athenian Proxenoi and the Enigma of IG I³ 1252020 •
AIO Papers 6
The Inscribed Version of the Decree Honouring Lykourgos of Boutadai (IG II 2 457 and 3207)2016 •
Klio 102/1
On Dem. 24.20-23 and the So-Called ἐπιχειροτονία τῶν νόμων: Some Final Clarifications in Response to2020 •
in E. M. Harris and M. Canevaro, Oxford Handbook of Ancient Greek Law, Oxford (forthcoming)
Making and Changing Laws in Ancient Athens