Usos de normas jUrídicas en la oratoria jUdicial de la atenas clásica* ...
Aim of this paper is to contribute to the current discussion about the modernity of the ancient Athenian legal system. One of the parameters to assess it is to examine the various ways a legal text was used and exploited in the forensic speeches of fourthcentury Athens. Athenian litigants invoked an...
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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_3917 https://repositoriouba.sisbi.uba.ar/gsdl/collect/juridica/index/assoc/HWA_3917.dir/3917.PDF |
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| Sumario: | Aim of this paper is to contribute to the current discussion about the modernity of the ancient Athenian legal system. One of the parameters to assess it is to examine the various ways a legal text was used and exploited in the forensic speeches of fourthcentury Athens. Athenian litigants invoked and interpreted, in the opening part of their speeches, a specific normative text, in order to support their claims and counter the arguments of their opponent(s). Both claims and counter claims, in most of the cases, were founded on the same legal text. The legal rules applying to each case were first aired in the plaint submitted and then in the stage of the preliminary hearing (anakrisis) before the magistrate. During the hearing of the case at the court, the secretary of the court read the law, either in its entirety or a passage. The most usual technique in presenting the text of a law in a lawcourt speech, apart from a verbatim reference, was to paraphrase it; then the speaker could provide clarifications, interpret key legal terms by using arguments a contrario, from analogy, a fortiori, contracting or expanding the field of a key notion, or referring to the will of the legislator. Sometimes, however, the treatment of the legal text was more drastic; litigants would attempt to manipulate either important elements of the rule, to adulterate the content of the rule by importing phrases from other rules or integrate social expectations. They could also manipulate the plethora of the available procedural rules. |
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