Edward M. Harris

Did the Athenians Regard Seduction as a Worse Crime than Rape

One of the most ingenious arguments in all of Attic oratory is to be found in the speech Lysias wrote for Euphiletus to deliver at his trial for the murder of Eratosthenes (Lys. 1.30–5). In his speech Euphiletus first describes to the court how his wife was seduced by Eratosthenes, then recounts how he discovered the affair, caught the adulterer in the act, and, despite an offer to pay compensation, slew him. Euphiletus defends his action by citing the law of the Areopagus that whoever kills an adulterer caught in flagranti with his wife cannot be convicted of murder. Euphiletus further points out that the same exemption applies to the man who catches someone seducing his pallakē . If the lawgiver regarded the seduction of a pallakē as so serious that it merited the death penalty, Euphiletus argues, he must have regarded the seduction of a wife as even more reprehensible, deserving a penalty worse than death.

The Rule of Law in Action in Democratic Athens

Preface Introduction Part I - The Political And Social Contexts of Athenian Law Chapter 1 - Was Athens a State or a Stateless Community? The Political Context of Athenian Law Chapter 2 - Feuding or the Rule of Law? An Essay in Legal Sociology Part II - Applying the Law Chapter 3 - The Judicial Oath Chapter 4 - What are Athenian Laws about? Substance and Procedure in Athenian Statutes Chapter 5 - Open Texture in Athenian Law: The Approach of the Litigants Chapter 6 - Open Texture in Athenian Law: The Response of the Courts Chapter 7 - Did the Athenian Courts Attempt to Achieve Consistency? The use of Precedents in Forensic Orator Chapter 8 - How Strictly did the Athenian Courts Apply the Law? The Role of Epieikeia Part III - The Breakdown of the Rule of Law Chapter 9 - Cleon and the Defeat of Athens Appendix 1 - Hunter on Citizens Enforcing the Law Appendix 2 - Magistrates Enforcing Laws and Decrees in the Fifth Century BCE Appendix 3 - Quotations or Allusions to Judicial Oath in Attic Orators Appendix 4 - Organization of the Gortyn Lawcode Appendix 5 - Laws in the Attic Orators Appendix 6 - Categories of atimoi listed in the decree of Patrocleides Appendix 7 - Issues in the Orators Appendix 8 - Public Service in the Attic Orators Appendix 9 - The Authorship of the Speeches in the Demosthenic Corpus Bibliography Index

When is a Sale Not a Sale? The Riddle of Athenian Terminology for Real Security Revisited

In Athens during the late Classical and Hellenistic periods, it was customary for a man who was borrowing a large sum of money to pledge some property as security for the repayment of his loan. To show that this property was legally encumbered, a flat slab of stone, called a horos, was set up, and an inscription, indicating the nature of the lien on the property, was inscribed on the horos. These horoi served to warn third parties that the man who pledged the property as security was not free to sell it or otherwise alienate it until the loan was repaid. The terminology which is used on these horoi to indicate that the property has been pledged as security varies. On a relatively small number of horoi, only seven, the property is described as ‘lying under (an obligation)’ (ὑποκeιμένου, -ης, -ων) for a debt, the amount of which may or may not be specified. The texts found on a far greater number of horoi, some 128 in all, use a different type of expression. On these horoi, the property is said to have been ‘sold on condition of release’ (πeπραμένου, -ης, -ων, ἐπὶ λύσeι). The terminology used on the horoi to describe this kind of lien presents a striking contrast with that employed by the Attic orators: in their speeches we find the verbs ὑποκeῖσθαι and ὑποτιθέναι when it is a question of pledging security for a loan, but never πέπρασθαι with the addition of the prepositional phrase ἐπὶ λύσeι.

HOW TO ADDRESS THE ATHENIAN ASSEMBLY: RHETORIC AND POLITICAL TACTICS IN THE DEBATE ABOUT MYTILENE (THUC. 3.37–50)

In 428 b.c.e. the city of Mytilene launched a revolt against the Athenians and invited the Spartans to send them assistance. The plans for the revolt were reported to the Athenians (3.2), who sent a force against the city (3.3). The Mytilenians asked for help from the Spartans (3.4.5–6), but the fleet they sent arrived too late to help the city (3.26.4). The revolt appears to have been the initiative of the citys wealthier citizens: Thucydides reports (3.27–8) that heavy armour was not distributed to the people until Salaethus, the leader of the rebellion, realized that Spartan help would not arrive in time. Once the people received this armour, they refused to take orders from officials and held meetings, insisting that the government should distribute all available grain. If they did not, they threatened to negotiate on their own with the Athenians about surrender. The government was powerless to stop them and decided it was best to come to terms with the Athenians. It was agreed that the Athenians would have the power to act as they wished with the city and that the Mytilenians would have the right to send envoys to Athens to plead their case before the Assembly.

Apotimema: Athenian terminology for real security in leases and dowry agreements

When entering into a legal agreement, it is not unusual for one of the parties to ask the other to provide some security so as to ensure that the latters obligations under the agreement will be fulfilled. There are two basic forms of security, personal and real. In personal security for a loan, the borrower arranges for a third party to come forward and to promise the lender that he will fulfil the borrowers obligations in the event that the borrower does not make interest payments or repay the principal. In real security, the borrower pledges some of his property, either movable or immovable, as security to the creditor. If the borrower defaults, the creditor has the right to seize the property pledged as security, and, if he wishes, to sell it for cash in lieu of repayment.