|
Oftentimes editors of an anthology must choose between making their
collection appealing to the novice or the expert. The Cambridge
Companion to Ancient Greek Law is both. The goal of the anthology
is to highlight new scholarship that departs from the old bifurcated
model, in which one studied either Greek substantive law or procedure.
Today's scholars are no longer constrained to just one of these
two schools and, as a result, are free to approach Greek law from
a much broader set of perspectives that encompass both. In light
of the newfound comity between the studies of substance and procedure,
it is fitting that the collection itself owes its strength to its
own balance of substantive information and procedural innovation.
The book excels substantively in its broad collection of Greek legal
and political thought, accessible to the most inexpert of readers.
Further however, the methodologies (i.e., the contributors' procedural
approaches) are innovative enough to engage the most knowledgeable
of scholars. The collection consists
of twenty-two chapters organized into five parts: Law in Greece,
Athenian Procedure, Athenian Substantive Law, Law Outside Athens,
and Other Approaches to Greek Law. Prominent themes recur throughout
these five parts, making the whole feel nicely cohesive. Though
the themes are too many to track in one brief review, in order
to demonstrate the worthy accomplishment of this book—balancing
fundamental substance with cutting-edge approaches—this
review will discuss two.
Michael Gagarin, in the opening
chapter, notes an important difference between the ancient Greek
conception of justice and our own: Greek legislatures purposely
left gaps for judges to fill. Ancient Greek law was much more
context-specific than our conception of justice would allow. Judges
were meant to be lawmakers. Analysis of this widely acknowledged
fundamental substantive point is then approached from a few different
perspectives. Adriaan Lanni, for instance, in her chapter "Relevance
in Athenian Law Courts," examines this aspect of Greek law from
an evidentiary perspective. She argues that the Athenian evidentiary
practice of using appeals to emotion show that the Greeks' view
of what was relevant in a trial exemplifies their "highly individualized
and contextualized notion of justice." David Cohen, in his chapter,
comes to the same conclusion from a different angle—criminal
punishment. Though the Athenians had no explicit concept of "crime,"
there was a notion that certain people were inherently harmful
to the community and should be punished accordingly. As a result,
Cohen argues, people's entire lives, not just specific illegal
acts, were on trial. Again, the focus is not on legal formality,
but individual context. Thus we see the same substantive point
examined from two different points of view—evidence and
punishment.
A second important theme introduced
in Gagarin's opening chapter is the much lauded ancient Greek
emphasis on open, broad debate. This substantive idea is examined
from varying perspectives that make the theme both nuanced and
timely. Robert Parker's chapter, for instance, approaches the
theme of openness from the perspective of Greek religion. Even
in religious matters deemed to be of the utmost importance, citizens'
freedom to express their opinions was so fundamental that it was
the citizen assembly, not the priests, who would form questions
to ask the oracle. Michael Gagarin, in his second of two chapters,
examines the theme from early Greek law onward. He observes that
from the lack of absolute monarchical power as early as Homer
to the later fundamental aspects of Greek law—written legislation
and oral procedure—it is clear that the Greeks always placed
a unique value on open debate amongst a broad segment of society.
As a final, and particularly timely example, Robert W. Wallace
focuses on open debate in his chapter on ancient Greek comedy.
He uses examples of Old Comedy, particularly the plays of Aristophanes,
to demonstrate the initial extraordinary tolerance of the Athenians—they
only proscribed speech that threatened substantive, material harm
to the city or innocent citizens. He traces the decline of this
freedom alongside the New Comedy works of Menander and suggests
the growing restrictions on speech were due to Athens's losing
allies based on disagreements over foreign policy. This is one
of many ways in which this collection's focus on Greek law of
2500 years ago deeply resonates with readers today, no matter
what the level of expertise.
The final three chapters, Danielle
Allen's "Greek Tragedy and Law," Josiah Ober's "Law and Political
Theory," and A. A. Long's "Law and Nature in Greek Thought," focus
on how Greek tragedy, political theory, and philosophy can help
us better understand Greek law. These short pieces can only skim
the surface of such rich approaches to Greek law, aptly highlighting
this collection's great achievement—demonstrating the seemingly
innumerable ways in which new light can be shed on well-established
themes in this timeless and timely field.
|
|