By David Cohen
This e-book examines the criminal law of violence and the position of litigation in Athenian society. utilizing comparative anthropological and old views, David Cohen demanding situations conventional evolutionary and functionalist bills of the advance of criminal method. analyzing Athenian theories of social clash and the guideline of legislations, in addition to real litigation regarding the rules of violence, the ebook emphasizes the way the judicial strategy operates in an agonistic society.
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Extra resources for Law, Violence, and Community in Classical Athens (Key Themes in Ancient History)
15 Locke, Hobbes, and Rousseau all take a "state of nature" as their starting point, but the different assumptions they make about the moral characteristics of human beings in that state lead them to widely divergent solutions to the problem of order. For Aristotle the elaboration of the nature of political community provides a powerful theoretical tool for judging societies according to their capacity to promote virtue through laws and through the magistrates who enforce them. The dual assumptions of natural moral communities and natural dispositions towards anarchy provide the basis for a theory of the rule of law which defines the well-ordered state as one where magistrates maintain the taxis of the moral community by closely regulating the lives and mores of the citizens.
Accordingly, in the well-governed quasidemocratic polity demagogues cannot arise because magistrates from the upper property classes have principal authority for the management of the state (i2Q,2a8-i i). 42 Theorizing Athenian society He portrays the natural tendency of human beings to form associations as endangered by a countervailing propensity for disorder and anarchy. Since an extreme democratic society is, according to Aristotle, a community where individuals "live as they please," the law cannot serve as an effective instrument of taxis to check these propensities unless it is beyond the control of popular institutions.
Pursuing their desire for revenge both parties further subvert the institutions which alone could serve to mediate the conflict. 82). 82). The result, inevitably, was a situation in which the mediation and trust necessary for reconciliation were no longer available: Society had become divided into two hostile camps, and each side viewed the other with suspicion. As for ending this state of affairs, no guarantee could be given that would be trusted, no oath sworn that people would fear to break; everyone had come to the conclusion that it was hopeless to expect a permanent settlement and so, instead of being able to feel confident in others, they devoted their energies to providing against being injured themselves.
Law, Violence, and Community in Classical Athens (Key Themes in Ancient History) by David Cohen