El DEREChO gRIEgO ANTIguO y lA CuEsTIóN DE su uNIDAD* Por michaEl GaGarin**...
Because ancient Greece (unlike Rome) was never a fully unified country but a collection of independent poleis, each with its own set of laws, strictly speaking there was never a single "ancient Greek law." Nonetheless, there were similarities among the different legal systems. The question...
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| Formato: | Artículo publishedVersion |
| Lenguaje: | Español |
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Universidad de Buenos Aires. Facultad de Derecho. Departamento de Publicaciones
2017
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| Acceso en línea: | http://repositoriouba.sisbi.uba.ar/gsdl/cgi-bin/library.cgi?a=d&c=juridica&cl=CL1&d=HWA_3913 https://repositoriouba.sisbi.uba.ar/gsdl/collect/juridica/index/assoc/HWA_3913.dir/3913.PDF |
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| Sumario: | Because ancient Greece (unlike Rome) was never a fully unified country but a collection of independent poleis, each with its own set of laws, strictly speaking there was never a single "ancient Greek law." Nonetheless, there were similarities among the different legal systems. The question is, are these similarities sufficient that we can usefully speak of "Greek law"? After reviewing the evidence from Athens, Gortyn, and Ptolemaic Egypt, I conclude that there was no significant substantive unity in these laws but there was significant procedural unity in Athens and Gortyn, and probably in the other Greek poleis too. Because it was a monarchy not a polis, however, Ptolemaic Egypt differed in many respects, as did other areas of Alexander's empire that were not previously Greek. Thus, the unity of Greek law was a procedural unity of the archaic, classical, and Hellenistic poleis, not any substantive unity. Even in the archaic and classical periods, however, this general procedural unity was not so strong that we can draw conclusions about the law of one polis on the basis of the law of others, though it may be suggestive in this respect. But the concept of a unified Greek law may be able to help us understand something about the fundamental nature of the legal systems of ancient Greece, and to appreciate the differences between law in the archaic, classical, and Hellenistic Greek poleis and in other ancient societies. |
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