Die Einheit des “Griechischen Rechts”. Gedanken zum Prozessrecht in den griechischen Poleis

Abstract

Since classical Greece was not politically united, modern scholars have questioned whether one Greek law existed or every city-state (polis) had its own. The latest contribution by Gagarin (2005) denies unity in substantive law, but finds it in legal procedure. This article shows that under the surface of highly differentiated legal institutions within Greek city-states one can find general juristic conceptions. It just depends on the observer, not on the object observed. Looking at general conceptions is necessary also for a deeper understanding of any city-states’ particular law, substantive or procedural. From Homer to Athens and Gortyn legal procedure developed in secularizing decisive oaths. A process from horkos to psêphos, from decisive oaths to the voting pebbles used by the Athenian judges, can thus be reconstructed.