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Title: The Rule of Law in Athenian Democracy. Reflections on the Judicial Oath
Authors: Harris, Edward M.
Keywords: rule of law
Greek democracy
Issue Date: 2007
Publisher: EUT Edizioni Università di Trieste
Citation: The Rule of Law in Edward M. Harris, "Athenian Democracy. Reflections on the Judicial Oath", in: Etica & Politica / Ethics & Politics, IX (2007) 1, pp. 55-74.
Series/Report no.: Etica & Politica / Ethics & Politics
IX (2007) 1
Abstract: This essay examines the terms of the Judicial Oath sworn by the judges in the Athenian courts during the classical period. There is general agreement that the oath contained four basic clauses: (1) to vote in accordance to the laws and decrees of the Athenian people, (2) to vote about matters pertaining to the charge, (3) to listen to both the accuser(s) and defendant(s) equally, and (4) to vote or judge (dikasein) with one’s most fair judgment (dikaiotatê gnômê). Some scholars believe that the fourth clause gave judges the right to vote according to their conscience and to ignore the law if they found it unjust. The first part of the essay shows that this clause gave judges the right to make decisions solely on the basis of their most just judgment only where the laws gave no clear guidance. It was a default clause invoked only twice in the extant orations; it was never used as justification to ignore the written laws. The second part addresses the view that the courts took political factors into account during trials. Although some trials involved leading politicians, the courts were bound by their oath to decide whether the defendant was guilty of the charge brought by the accuser. The only part of a trial where a defendant might mention his political achievements or his public largesse was at during the assessment of the penalty (timêsis) in a trial on a public charge (graphê).
ISSN: 1825-5167
Appears in Collections:Etica & Politica / Ethics & Politics (2007) IX/1

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