Download HIST4431: Democracy and Law in Classical Athens Instructor: Dr

HIST4431: Democracy and Law in Classical Athens
Instructor: Dr. Popov-Reynolds ([email protected])
Office hours: MTWTh 2:00-4:00PM, and by appointment
Office location: TLC 3221 (Office phone #: 678-839-5370)
You are always welcome to drop by my office, even outside of office hours, but I
recommend calling in advance, to make sure that I am in.
Course Description:
Citizens of the Athenian Democracy in the Classical period were very proud of
their laws and the culture of “rule of law” that the creation of a complex legal system had
brought about by the mid-fifth century BC. Recent scholarship on Greek Law has
continued exploring the connection between democracy and law in Classical Athens, and
the survival of many forensic speeches that were actually delivered in the Athenian lawcourts makes Athenian law one of the best-documented areas of Ancient History.
The objective of this course is to introduce students to the nature and practice of
law in the Classical Athenian Democracy. In the interest of providing comparanda, a
selection of topics pertaining to law in other Greek poleis (city-states) will be addressed
as well. Finally, in order to familiarize the students on a more personal level with the
structure and procedure in the Athenian law courts, a mock trial will be held in the
second half of the semester. Each student in the class will have a specific role during the
trial. A jury will be brought in from outside the course.
Learning Outcomes:
Students who successfully complete this course will demonstrate the following:
1. An understanding of the different types of law that existed in Classical Athens, and the
evidence for these laws
2. A detailed knowledge of the Athenian legislative process and the workings of the
Athenian law-courts, to be demonstrated through participation in the mock trial
3. A familiarity with the most important works of secondary scholarship on Athenian
democracy and law
4. An ability to analyze primary and secondary sources critically both orally and in
writing, and to cite them correctly in papers and essays
5. A familiarity with the tools available for research in Ancient History
6. An ability to formulate an important research topic, and to carry out research on this
topic, culminating in an 8-12 page paper
Required Textbooks:
M. Gagarin and D. Cohen, The Cambridge Companion to Ancient Greek Law (ISBN:
0521521599)
C. Carey, Trials from Classical Athens (ISBN: 041510761X).
Aeschylus, The Oresteia (ISBN: 0872203905)
* Additional readings will be posted on CourseDen
Grading Policies:
Attendance and participation in class discussions and the mock trial: 10% of final grade
Case Presentation (to be done in pairs): 5%
Three 2-page response papers: 15%
Each student will select three forensic speeches over the course of the semester,
and will write a 2-page evaluation of the strategy used in the speech, and its value
for the study of Greek law.
Final Research Paper (8-12 pages, due at the time of the final exam): 30%
See progress guidelines in the schedule below.
Midterm Exam: 20%
Essay and analysis of an unseen document. Essay topics will be distributed in
advance.
Final Exam: 20%
Same as midterm.
N.B. There will be no curve in this course! Final grades will be assigned according to
the following scale, keeping in mind that the University of West Georgia does not
recognize +/- grades:
89.49 - 100 = A
79.49 - 89.48 = B
69.49 - 79.48 = C
59.49 – 69.48 = D
< 59.48 = F
Class Communication:
Per university policy, all email communications between faculty and students should be
limited to the UWG email accounts. I will not respond to emails sent from other
accounts. Also in accordance with university policies, I cannot discuss your grade with
you over email. I am, however, always happy to discuss your grade with you in person.
Academic Dishonesty:
Academic dishonesty on any assignment in this course will result in an F for the course,
and the referral of the student to the appropriate university committee. Academic
dishonesty can take many shapes. Please avoid inadvertent plagiarism by ALWAYS
citing any sources that you use when writing papers or essays. For further information,
see http://www.westga.edu/~handbook/index.php?page=honorcode
Religious Holidays:
Students shall be excused from attending classes or other required activities, including
examinations, for the observance of a religious holy day. If you will miss class
(including exams) to celebrate a religious holiday, you must notify me AT LEAST 14
days prior to the holiday so that we can make arrangements for you to make up the
assignment. All make-up work must be completed no later than one week after the
missed class.
Classroom Etiquette:
Please arrive to class on time, and plan to remain in class until the end of the session.
Late arrivals and early departures are highly disruptive and distracting, in addition to
being rude. When in class, I expect you to pay attention, ask questions if anything is
unclear, and participate in class discussions. Please refrain from emailing or textmessaging during class, talking to your neighbors, or doing your nails/makeup/hair.
Finally, please turn off your cell-phones when in class. Few faux-pas in the modern world
are as rude and embarrassing as having your cell-phone ring during class. If your
phone rings during class, the instructor reserves the right to
answer it for you.
Schedule of Classes and Assignments
N.B.: All assignments must be completed before class. Readings marked with * are in the
Cambridge Companion.
Date
Class 1
Class 2
Class 3
Class 4
Class 5
Class 6
Class 7
Class 8
Class 9
Discussion Topics
1. Introduction: sources and
problems; Greek law as a field of
historical study
Prelaw society (“law” before law)
Murder and Mayhem in the House of
Atreus: myth as explanation for the
need for law
The rise of the Athenian law-court
system in Greek mythology
Early Greek laws and lawgivers: the
laws of Draco and Solon in Athens,
and Lycurgus in Sparta
Writing and Codification of Laws in
Greece
Structure of the Athenian law-courts
in the Classical period; contemporary
attitudes towards law and justice
Murder, homicide, and manslaughter
in Athenian law
Violence against individuals in
Athenian law
Murder and violence as charges of
Hybris
Class 10 Religion in Athenian law
Reading assignments
None
Homer, Iliad 18 (Shield of Achilles);
murder trial of Odysseus; Homeric
Hymn to Hermes (on CourseDen)
Aeschylus, Agamemnon, Libation
Bearers, Eumenides; Allen, “Greek
Tragedy and Law”*
Aristotle, Constitution of Athens (on
CourseDen)
Gagarin, “Early Greek Law”*
The Gortyn Lawcode (on CourseDen);
Davies, “The Gortyn Laws”*; Thomas,
“Writing, Law and Written Law”*
Aristophanes, Wasps (on CourseDen);
Wallace, “Law, Attic Comedy, and the
Regulation of Comic Speech”*
Carey, cases I-IV; Thūr, “The Role of
the Witness in Athenian Law”*
Carey, cases V-VII; Lanni, “Relevance
in Athenian Courts”*
Demosthenes, Against Meidias (on
CourseDen); M. Gagarin, “The
Athenian Law against Hybris” (on
CourseDen)
Lysias, On the Olive Stump (on
CourseDen); Parker, “Law and
Class 11 Oratory as a historical source for
Athenian law: approaches and
problems
Class 12 Review
02/24
Midterm Exam
Class 13 Athenian family and property law;
inheritance law
Class 14 Women in Athenian law: women,
property, and inheritance; the
epikleros in Athenian law; adultery in
Athenian law
Class 15 Citizens and non-citizens in Athenian
law
Class 16 Commercial law
Class 17 Military Law in Athens and
Macedonia
Class 18 Military Law (cont.)
Class 19 No class: Mock Trial groups meet to
work on their strategy and speech
Class 20 No class: Mock Trial groups meet to
work on their strategy and speech
Class 21 Final Papers topics meeting
Class 22 Politicians and politics in Athenian
law: the Athenian institution of
dokimasia and charges of subverting
the democracy
Class 23 MOCK TRIAL
Class 24 Athenian law in flux and the graphë
paranomon
Class 25 What would happen if women made
the laws: Aristophanes’ vision of
Athenian women as law-makers
Class 26 Conclusion: influence of Greek Law
beyond antiquity
FINAL
EXAM
Religion”*
Todd, “Law and Oratory at Athens”*;
Rubinstein, “Differentiated Rhetorical
Strategies in the Athenian Courts”*
None
None
Carey, cases VIII-XI; Maffi, “Family
and Property Law”*
Cantarella, “Gender, Sexuality, and
Law”*
Carey, cases XV-XVI; Patterson,
“Athenian Citizenship Law”*
Carey, cases XII-XIV; Cohen,
“Commercial Law”*
Lysias 9, 14; selections from Plato’s
Laws (on CourseDen); Quintus Curtius
VI.8.25 ff. on Macedonian capital trials
Lycurgus, Against Leocrates; selections
from Xenophon, Hellenica on the trial
of the Athenian generals (on
CourseDen)
Final paper topic description due
Lysias 16, 26, 31 (dokimasia cases) (on
CourseDen); Cohen, “Crime,
Punishment, and the Rule of Law in
Classical Athens”*
None
Demosthenes, On the Crown (on
CourseDen)
Final paper outline and bibliography
due
Aristophanes, Ecclesiazusae (on
CourseDen)
Ober, “Law and Political Theory”*
Final paper draft due
FINAL PAPER DUE