A Glossary of Athenian Legal TermsS.C. Todd, selections by
Michael de Brauw, edition of March 16, 2003(Section 1 of
50)SummaryThis glossary consists of excerpts from S.C. Todd,
Glossary, in P.A. Cartledgeet al.,Nomos: Essays Athenian law,
politics and society(Cambridge, 1990), selected by Michael de Brauw
(University of Texas at Austin). Todds complete glossary (with some
changes) also appears inThe Shape of Athenian Law(Oxford, 1993).
This excerpted selection was first published electronically as part
of the online discussion series Athenian Law in its Democratic
Context, organized by Adriaan Lanni and sponsored by Harvard
UniversitysCenter for Hellenic Studies.[ back to top ](Section 2 of
50)agoranomosagoranomos,agoranomoi Lit. agora-regulator(s): public
officials attested in a large number of Greekpoleis; their duties
consisted of supervising the commercial aspects of
theagora.Greek:,.[ back to top ](Section 3 of 50)aidesisaidesis
Because homicide in Athenian law was a matter for private
prosecution, the relatives of the dead man, as prosecutors, were
under certain circumstances permitted or expected to grant pardon
(aidesis) to his killer. Once this had been done, the killer was
immune from further prosecution. (The derivation of the term is
unclear: it is certainly connected with the verbaideomaito feel
shame, awe or respect;LSJnotes that the verb can be used to mean to
respect anothers misfortune and thus to be reconciled to him; but
unlike English reconciliation,aidesisis only used to denote the
action of the wronged party.)Greek:.[ back to top ](Section 4 of
50)anakrisisanakrisis A preliminary hearing before the public
official within whose court a case will later be heard (for the
role of the presiding official within a lawcourt, see sv.arkhon).
Lit., examination, but it should not be equated with the
inquisitorial instruction of civil-law systems: an Athenian public
official had very restricted discretion; and unlike an arbitrator
(see sv.diaitetes), his function was not to settle the
case.Greek:.[ back to top ](Section 5 of 50)antidosisantidosis Lit.
a giving in exchange. A man who was nominated to perform a liturgy
could avoid this duty if he could name another citizen who was
richer and better qualified to perform the task. If the man
challenged agreed that he was richer, he had to take over the
liturgy; if he claimed to be poorer, then the challenger could
insist on an exchange of all their property to test the claimin
which case the challenger would himself perform the liturgy as the
new owner of the (putatively) greater estate. This process of
exchange was calledantidosis. The advantage of the system from the
viewpoint of the democracy was that it encouraged the rich to be
suspicious of each other, instead of being hostile towards the
state; but although we know of several challenges, there is no
attested case in which the exchange was completed.Greek:.[ back to
top ](Section 6 of 50)apagogeapagoge, pl.apagogai Lit. dragging
away, i.e., to the appropriate magistrate. Summary arrest was
permitted against certain categories of criminal, such as thieves
and highwaymen, if they were caughtep autophorired handed. If the
accused admitted his guilt before the magistrate he was promptly
executed; only if he claimed to be innocent was he put on trial.
See also sv.ephegesis.Greek:.[ back to top ](Section 7 of
50)apographeapographe Lit. a (written) list: a catalogue of some or
all of the property of a man in debt to the state. The state took
no initiative in the confiscation of property: this was left either
to private individuals or else, it appears, to local demes
officials. The termapographeis used to describe the list itself,
the process of denunciation, and any judicial hearing arising out
of the case. See also sv.phasis.Greek:.[ back to top ](Section 8 of
50)apophasisapophasis Lit. a showing forth, declaration. A
procedure newly instituted around the middle of thefourth century:
either on the invitation of theekklesiaor on its own initiative,
theAreiopagoscould investigate any matter involving public security
and present a report (apophasis) to theekklesia, recommending
particular action, for instance the prosecution of a named
individual. (Apophasis is the subject of a Demos article.)Greek:.[
back to top ](Section 9 of 50)apragmonapragmon,
pl.apragmones(adj.);apragmosune(abstract noun) Lit. one who does
not conduct business: a person who refrains from taking part in
public affairs. It can be either a positive or a negative
characteristic, depending on the attitude of the speaker
(philosophical contemplation or political irresponsibility). For
the opposite characteristic, see sv.polupragmon.Greek:,.[ back to
top ](Section 10 of 50)AreiopagosPlot on a MapAthens.Areiopagos The
ancient and originally aristocratic council ofAthens; its
membership comprised those who had completed a term as one of the
ninearchons. Its powers had been severely restricted by the
democratic reforms ofEphialtesin the460s BCE, which left it as
little more than the main court for cases of homicide; in thefourth
centuryhowever other powers were added, most
notablyapophasis.Greek:.[ back to top ](Section 11 of 50)arkhonPlot
on a MapAthens.arkhon, pl.arkhontes(participle acting as a noun),
Eng.archonor arkhon Lit. one who is in authority. Used in three
senses: loosely, to refer to any Athenian public official; more
strictly (usually a collective plural) to describe the nine
arkhons; specifically, as the title of the senior of thenine
arkhonships. These were still the titular chief magistrates
ofAthens, but their real authority had been severely restricted
ever since they began to be appointed by lot, apparently in
the480s. They retained however an honorific position, particularly
in the administration of justice: or instance, formerarkhonsbecame
members of theAreiopagosfor life; and during their year of office
they processed the litigation presented to the most important of
thedikasteria, and presided over trials held there, although in
this capacity they were by now little more than non-voting (and
non-speaking) chairmen. The three seniorarkhonseach had a specific
title and competence: thearkhon(the eponymous official ofAthenswho
gave his name to the civil year) heard cases involving family and
inheritance matters of citizens; thearkhon basileus(lit. king
arkhon) presided over religious matters, including sacrilege and
homicide; thepolemarkhos(lit. war arkhon, but by now all his
military functions had been handed over to thestrategoi) dealt with
family and inheritance cases involving metics and apparently cases
involving certain other privileged foreigners also. The other six
arkhons were calledthesmothetai(sing.thesmothetes: originally
perhaps establisher of judgements rather than maker of laws); they
heard those public cases, and perhaps also some private ones, which
did not fall within the competence of the three senior arkhons or
of other named officials.Greek:,.[ back to top ](Section 12 of
50)astunomosPlot on a MapAthens.astunomos, pl.astunomoi Lit. one
who regulates (affairs within) theastu(the built-up area ofAthens).
A board of public officials charged with the general supervisory
duties which we associate with the police. Unlike the police,
however, they did not undertake the investigation of crime. Nor
were they much concerned with the arrest or punishment of accused
or convicted criminals: this role was played by theEleven.Greek:,.[
back to top ](Section 13 of 50)atimiaPlot on a
MapAthens.atimia(abstract noun) Lit. loss oftime, honour. In early
archaicAthens,atimiaseems to have meant outlawry, the total
deprivation of all rights, such that a citizen could kill
anatimos(pl.atimoi: person suffering fromatimia) without committing
an offence or apparently incurring blood-guilt. Well before the
classical period, however,atimiahad already been restricted in its
scope to mean the loss of some or all of a mans active rights as a
citizen. Suchatimiacould be partial or total; it could be imposed
permanently by a court, or it could be the (theoretically)
temporary result of an unpaid debt to the state, a condition which
would automatically terminate if the debt were ever paid off. A man
subject to totalatimiacould not appear in certain public places,
could not take part in public life, and could not appear in court.
If he broke any of these bans, he was liable toapagogeand death.
But he did retain his private rights as a citizen: to kill him
would be murder; he was not formally exiled; and he continued to
own his propertythough his lack of the capacity to sue may have
made it difficult procedurally to defend these rights, and many may
have found life under such restrictions so intolerable that
voluntary exile seemed preferable. A man subject to
partialatimialost either a particular right or rights, or else the
power to exercise his rights in a particular situation: for
instance, the ability to bring certain types of
prosecution.Greek:(loss of).[ back to top ](Section 14 of
50)basileusbasileusSee sv. arkhon.Greek:.[ back to top ](Section 15
of 50)bouleboule Lit. council. The democraticcouncilof 500 men,
appointed annually by lot from among citizens aged at least thirty,
and with severe restrictions on repeated membership. Its chief
function was to prepare the agenda for meetings of theekklesia, and
to undertake certain routine administrative duties, in particular
that of co-ordinating the activities of numerous boards of minor
officials; but it had also certain independent judicial powers,
mainly but not only in cases of limited importance: in some cases
ofeisangelia, theboulecould decide whether to refer the trial to
theekklesiaor to adikasterion.Greek:.[ back to top ](Section 16 of
50)(ho) boulomenos(ho) boulomenos Lit. anyone who wishes. Whereas
prosecution in adikecould only be brought by the aggrieved party,
in agrapheor other public case it could be brought by any qualified
person (which normally meant any Athenian citizen who was not
himselfatimos).Greek:.[ back to top ](Section 17 of
50)diadikasiadiadikasia Lit. judgement (contested) between: a
dispute between two people who each claim the same thing, in
particular a contested inheritance.Greek:.[ back to top ](Section
18 of 50)diaitetesdiaitetes, pl.diaitetai An arbitrator. Throughout
the history of Athenian law, it had always been open for litigants
to arrange arbitration (diaita) on a private basis: in theory, the
decision of a private arbitrator was binding, presumably because
the litigants had voluntarily contracted to accept it. There was
also, however, a system of public arbitration, introducedc. 400
BCE: every hoplite (or possibly every citizen), in the year that he
ceased to be eligible for military service at the age of 59, had to
serve as public arbitrator; and everydike(private dispute) was
allocated by lot to one of them for an attempt at preliminary
resolution. In such cases arbitration was compulsory (litigants
were obliged to attend) but it was not binding (a dissatisfied
litigant could refuse to accept the verdict: see sv.ephesis).
According toAristotle, the job of the arbitrator (private or
public) is unlike that of thedikastesin several respects: he should
try to reconcile the parties before imposing a solution; he has the
discretion to bring in a decision mid-way between the demands of
the litigants; and in his judgement he should look to epieikeia
(equity, but see further sv.epieikeia) rather than
todike(justice).Greek:,.[ back to top ](Section 19 of
50)diamarturiadiamarturia A formal presentation of a witness
(martus) whose evidence serves to compel the public official before
whom it is presented either to act in a certain way, or (more
commonly) to desist from so acting. As a result of the introduction
ofparagraphearound400BCE, the scope ofdiamarturiawas soon rapidly
restricted: after380BCE, its only attested use is in inheritance
cases, where a legitimate son could have a claim by a more remote
relative quashed on the grounds that the case was not actionable;
to re-open the case, the rival claimant would have successfully to
prosecute the witness bydike pseudomarturion.Greek:.[ back to top
](Section 20 of 50)dikedike, pl.dikai A concept of wide scope:
justice, good order, judgement. But it can also refer to the
process by which a just settlement is determined, thus a lawsuit, a
trial, and even the case which one pleads or the penalty which one
has to pay. In the sence of lawsuit,dikecan be used either
generically, to refer to any type of indictment, or else (more
commonly) in a semi-technical sense, to denote the older private
suit (which only the aggrieved party or his immediate or his
immediate personal representatives could bring) as opposed to the
newer public suit (graphe), which could be brought by any citizen
in good standing; it should however be noted that the category of
public procedure was broader than that ofgraphe, and included a
number of extraordinary procedures which were not
themselvesgraphai, see for instance
svv.apagoge,apophasis,eisangelia,euthunai,phasis.Greek:,.Note: It
seems that these indictments in Athenian law were only allowed if
use of the dike orgrapheprocedure against a particular offence was
authorised by statute; whether the defendants alleged behavior fell
within the terms of this offence could of course be a matter for
debate. An indictment was normally described as a dike (orgraphe,
as appropriate), qualified by the name of the offence, usually in
the genitive case: thusgraphe hubreos, a public indictment
forhubris.[ back to top ](Section 21 of 50)diomosiadiomosia A
special oath taken in cases of homicide: in all other cases the
litigants alone swore theantimosia(lit. oath [of two people]
against each other); in homicide cases all the witnesses had to
join in the oath of their principals, which was for this reason
known as thediomosia(lit. oath between [more than two
people]).Greek:.[ back to top ](Section 22 of
50)dokimasiadokimasia, pl.dokimasiai An investigation held either
by thebouleor in a court, to test whether a man was formally
qualified either to hold the public office to which he had been
appointed or else to exercise a privilege to which he was laying
claim.Dokimasiaiwere of various types, and were for the most part
held in advance: no public official, whether elected or appointed
by lot, could hold office without having passed hisdokimasia; and
newly enrolled citizens, whether by birth or by naturalisation
(uncommon), were among those similarly tested. In these cases a man
who was rejected suffered disqualification but no further penalty;
a public speaker however (see sv.rhetor) could be challenged to
undergo a retroactivedokimasiabefore a court, and this had more of
the nature of a regular trial, in that if convicted he would
apparently be punished.Greek:,.[ back to top ](Section 23 of
50)eisangeliaeisangelia, pl.eisangeliai Lit. public announcement,
laying of information: a form of public indictment broadly
corresponding to impeachment in the USA. It was available for use
against any public official during or after his term of office (he
would normally be suspended from office for the duration of the
trial) or against any political leader who had made a public
proposal. It seems that the case could be brought either directly
to theekklesiaor else to theboule, and that the final hearing would
take place either before theekklesiaor (more commonly, and in every
known case after360B.C.) before adikasterion.Greek:,.[ back to top
](Section 24 of 50)ekdosisekdosis Lit. giving forth: the ceremony
at which thekuriosof a betrothed bride gave her into the hand of
her new husband. Marriage in Athenian law took one of two forms,
either byengueandekdosisor else (if a man died leaving his daughter
with nokuriosto give her away, and no heir to his property) by
theepidikasiaof theepikleros.Greek:.[ back to top ](Section 25 of
50)ekklesiaPlot on a MapAthens.ekklesia The publicassemblyofAthens,
held usually on thePnyx, at which all adult male citizens were
formally entitled to attend, vote, and speak.Greek:.[ back to top
](Section 26 of 50)(the) ElevenPlot on a MapAthens.(the) Eleven;
Gk.hoi hendeka A board of public officials responsible for the
state prison ofAthens. The majority ofapagogaiwere brought before
them, and they were in charge of all executions.Greek:.[ back to
top ](Section 27 of 50)emporikePlot on a MapAttica.emporikedike.,
pl.emporikai dikai A case involvingemporoi, traders who import
goods (especially the extra grain which was needed to feed the
population ofAttica). Because of the urgency of the trade, such
cases had rapid and privileged access to the courts; but it is not
clear whether the termemmenos, commonly used to describe them,
should be interpreted to mean that the case must be completed
within a month (the traditional view), or (as has recently been
argued) that there was an opportunity every month to initiate such
cases; it is uncertain also whether such litigation could take
place only during the summer months or only during the winter
months. It is possible that other special rules may have applied in
these cases.Greek:,.[ back to top ](Section 28 of
50)endeixisendeixis, pl.endeixeis A procedure closely related
toapagoge. The precise significance of the term is disputed:
traditionally it was thought to be a denunciation made before a
public official who would then himself arrest the culprit; but it
may instead have been used by the plaintiff in some cases as a
voluntary preliminary toapagoge.Greek:,.[ back to top ](Section 29
of 50)engueengue, pl.enguai;enguetes A surety: theengueis the thing
which is pledged as security, and theenguetesthe person who pledges
or commits himself as a pledge. Such sureties were used in a range
of legal contexts: to guarantee the payment of a fine or the
appearance of a defendant (particularly a foreigner) in court; and
as a deposit payable to those who contracted from the state the
right to collect taxes or to operate mining concessions. But the
most notable use ofenguewas as the necessary prelude toekdosisin
the regular Athenian form of marriage, corresponding to (but much
stronger than) the modern engagement.Greek:,.[ back to top
](Section 30 of 50)ephesisPlot on a MapAthens.ephesis Refusal to
accept the decision of an official or a court of first instance,
combined with a demand for the dispute to be resolved by a higher
authority. For instance,Solonin the590sis said to have introduced
ephesis to the dikasterion as a curb on the summary jurisdiction of
public officials; and from their introduction in c.400B.C., the
decisions of public arbitrators were similarly subject
toephesis.Ephesisis traditionally translated appeal, but this can
have misleading connotations. An appeal in English law is brought
on the initiative of a dissatisfied litigant (in criminal cases, a
convicted defendant) after the court of first instance has decided
against him/her; it is his/her duty to persuade the appellate court
to reverse the decision, and s/he becomes in a sense the plaintiff
in the process. InAthens, there were at least some situations in
whichephesiscould take place before the lower authority had reached
a decision; it was the duty of the original plaintiff, not of the
dissatisfied litigant, to persuade the court to act (that it, the
court was retrying the case from scratch and not reviewing a
decision already made); and it is possible that in the case of
Solonianephesis, this referral was automatic and did not depend on
an initiative taken by one of the two litigants.Greek:.[ back to
top ](Section 31 of 50)epieikeiaepieikeiaAristotlesays that it is
the function of thedikastes(juror/judge) to judge according
todike(justice), but that thediaitetes(arbitrator) should make his
decision according toepieikeia. It is conventional therefore to
translateepieikeiaas equity, since this is a standard and
convenient way to describe fairness or natural justice as opposed
to the strict application of legal rules. There are however certain
problems here. Equity in English law can mean simply fairness, but
it is also the name given to the system of law developed originally
by the Court of Chancery (the Lord Chancellors court), to provide
relief in cases where to apply the rules of the common law would
have seemed manifestly unfair. Equity in this sense is itself a
body of rules; it is found only in countries which base their legal
system on the common law; and it is clearly not whatAristotleis
talking about. It should indeed be noted thatAristotles statement
of theory receives little acknowledgment in Athenian practice: when
a litigant in an extant speech pleads for the application of
natural justice in his favour, he characteristically describes this
asdikeand not asepieikeia.Greek:.[ back to top ](Section 32 of
50)epiklerosepikleros(fem. adj. acting as noun),epiklerote(abstract
noun) Anepikleroswas the daughter of a man who died leaving no male
heir; she was not his heiress, but possession of his estate went
together with her hand in marriage. This system of inheritance is
described as theepiklerate: for further details, see sv.
inheritance; and for comparison, see sv.engueand sv.ekdosis. (The
etymology ofepiklerosis unclear: it may possibly mean one to whom
the property pertains, but more likely is one who pertains to the
property.)Greek:,.[ back to top ](Section 33 of 50)euthunePlot on a
MapAthens.euthune, normally pl.euthunai Lit. the action of setting
straight. Every public official atAthenshad to undergo at the end
of his term an examination of his conduct in office. If he had
handled public money, he had to present his accounts (logoi, pl.);
in all cases he had to seek approval of the way he had used his
powers (euthunaiproperly so called, but the termeuthunaicame also
to be applied to the whole process of audit,logoiincluded). The
examination was conducted by boards oflogistai(pl.)
andeuthunoi(pl.), as appropriate; but any private citizen could
bring a charge at any stage during the proceedings.Greek:,.[ back
to top ](Section 34 of 50)exegetesexegetes, pl.exegetai Lit.
interpreter. A group of officials who expound the proper procedure
in situations which raise unusual questions of religious law. Their
activity is attested in several cases, all of homicide; and in each
case they are responding to an inquiry by an individual by an
individual rather than as expert witnesses before a court. In one
case they offer also to advise a litigant, implying that this was
something more than their regular function of interpreting the
law.Greek:,.[ back to top ](Section 35 of 50)graphegraphe,
pl.graphai Lit. a writing; hence, a written indictment, cf. Eng.
writ. This was the name given to the new public form of ordinary
prosecution introduced apparently bySolonin the590s. Its
characteristic was that the indictment could be brought by any
qualified citizen (ho boulomenos), whereas the olderdikeprocedure
could be brought only by the injured party.Graphaiand other public
procedures appear to have given rise to higher penalties, and thus
to have rewarded a successful plaintiff much more heavily than
diddikai; but they were also considerably more risky: a plaintiff
in a public suit who failed to obtain 20 per cent of the votes of
the jury could expect to suffer a heavy fine and possibly also
other penalties (e.g. at least partialatimia).Greek:,.[ back to top
](Section 36 of 50)klepsudraklepsudra Lt. water-stealer. A
water-clock, used to regulate the length of the proceedings in
legal cases. It consisted of a bowl of water with a small hole near
the base, such that the hole could be stopped or opened as desired:
normally two such bowls were used, the one being allowed to empty
its contents into the other, and then vice versa, to measure the
passage of time. In any category of case, a set number of
bowls-full was allocated to each speaker, but the flow of water was
stopped for the reading of laws and the testimony of
witness.Greek:.[ back to top ](Section 37 of 50)kurioskurios Lit.
master, lord, or in certain contexts sovereign. An Athenian woman
had to be represented in legal transactions by a male relative, who
was described as herkurios: in the case of an unmarried girl or
widow who had returned to the house of her family, this would
normally be her father or (failing him) her brother or paternal
uncle, but it could even be her adult son. A married woman was
represented by her husband, but it appears that her
agnatickuriosdid retain certain rights: for instance, the reversion
of her dowry. Confusingly, the termkurioswas also used to denote
the owner of property or the master of a household, and there are
contexts in which the two uses might conflict: a married son, for
instance, would bekuriosof his wife; but his father may still
bekuriosof his household.Greek:.[ back to top ](Section 38 of
50)logographoslogographos, pl.logographoi Lit. speech-writer:
specifically, a professional writer of speeches for litigants to
deliver in court. It has recently been argued that
thelogographosdid not normally write the speech so much as help the
litigant to prepare it, but this view is contested.Greek:,.[ back
to top ](Section 39 of 50)nomosnomos, pl.nomoi Lit. a norm, in the
sense both of custom and of law.Nomosis often contrasted,
especially infifth-centuryGreek thought, withphusis(lit. nature);
the latter represents underlying reality, and the former denotes
the patterns by which men try to shape this. In this sensenomosis
normally translated convention.Greek:,.[ back to top ](Section 40
of 50)nomothesianomothesia,nomothetes, pl.nomothetaiNomothesiais
the process of enacting laws (of general and/or permanent
validity). After403BCE, this was taken out of the hands of
theekklesiaand given to thenomothetai, in order to provide a check
on the passage of recklesslegislation. The precise arrangements for
the process seem to have been revised several times during
thefourth century; but it is notable that thenomothetaiwere a body
selected by lot from among the panel of eligibledikastai. Their
function was to hear in detail (but not apparently to discuss) the
arguments for and against any proposed legislative change, and to
make a final and authoritative decision. They could however only
act when requested to do so on the initiative of
theekklesia.Greek:,.[ back to top ](Section 41 of 50)nothosnothos,
pl.nothoi Lit. a bastard. In the classical period,
Atheniancitizenshipwas confined to those born of citizen parents on
both sides. The child of an unmarried union between citizen and
non-citizen was clearly illegitimate, and had rights neither of
inheritance nor ofcitizenship. The status of the child of unmarried
citizen parents is less clear: such a person was clearly
anothoswithout rights of inheritance, but it is disputed whether
s/he was or was not a citizen. It is possible, though less certain,
that the wordnothoswas used to describe the child of a mixed
marriage even in those contexts (e.g. before450BCE) where such a
marriage was legally permissible, even though such a child might
have full rights to inheritance as well as tocitizenship.Greek:,.[
back to top ](Section 42 of 50)oikosoikos A household: the word can
be used to describe people or family property or a building, or all
three together. The term is rarely used in the formulation of
Athenian statutes, but the concept seems to play an important rle
not only in family but incitizenshiplaw: see
svv.kurios,nothos.Greek:.[ back to top ](Section 43 of
50)paragrapheparagraphe A counter-indictment, in which the
defendant charges the plaintiff with bringing an illegal
prosecution. The procedure was invented (or possibly re-organised)
around400, to help those threatened with charges which broke the
Amnesty: the latter had been imposed under Spartan supervision to
protect former supporters of the Thirty Tyrants, the oligarchic
junta of404/3which had been overthrown by the democratic
restoration of403/2.Paragraphe, however rapidly extended its scope:
for the defendant, it seems to have had the advantage that it was
itself a prosecution; whereas the older procedure
ofdiamarturiasimply served to block a particular claim by the
plaintiff,paragrapheenabled the defendant to turn the tables,
becoming himself the prosecutor and (if successful) imposing a
penalty on his opponent.Greek:.[ back to top ](Section 44 of
50)(graphe) paranomon(graphe) paranomon A public indictment against
the proposer of a newpsephisma(decree), charging that his proposal
is unconstitutional (lit. against the law): One of the most
extensively documented of all Athenian legal procedures, and one of
the most overtly political: the prosecutor might claim for instance
that the bill had been proposed without the necessary formalities;
but many of the extantgraphai paranomonare directed against
honorary decrees, and in these the prosecutor regularly bases his
case on the claim that the honour is itself undeserved. The
procedure could be employed against proposals both before and after
they had been voted on by theekklesia. Until403B.C., it was
apparently used without discrimination against bothnomoi(laws)
andpsephismata; but in that year a formal distinction was for the
first time drawn between the two types of statute (see
sv.nomos,Legislation). The old procedure ofgraphi paranomonwas
retained for use againstpsephismata; but a new parallel procedure,
thegraphi nomon me epitedeion theinai, was felt to be required for
use against unconstitutional (lit. inexpedient)nomoi.Greek:.[ back
to top ](Section 45 of 50)phasisphasis Lit. a showing forth,
declaration: denunciation of a man who is illegally withholding
property which belongs to the state. Unlike the related (and much
better attested) procedure ofapographe,phasiswas apparently
directed against the person rather than the property.Greek:.[ back
to top ](Section 46 of 50)polupragmonpolupragmon,
pl.polupragmones(adj.);polupragmosune(abstract noun) Lit. one who
conducts much business, i.e. too much. Usually pejorative in the
eyes of the speaker. Thefifth-centuryAthenian empire was according
to its opponents the product of cooperative Athenianpolupragmosune;
on an individual level, the term has overtones of officious and
busybody.Greek:,.[ back to top ](Section 47 of 50)proboleprobole,
pl.probolai Lit. a throwing forward. A preliminary accusation,
which an intending plaintiff could bring before
theekklesia(Assembly) rather than directly to adikasterion(court).
This vote of theekklesiahad no formal effect: it did not bind a
successful plaintiff to continue his action in court, nor
apparently did it prevent him from doing so if unsuccessful; it
imposed no penalty either on plaintiff or on defendant. It did
however strengthen the hand of the successful plaintiff: after the
manner of a straw poll, it showed which way the wind was blowing.
We hear ofprobolebeing used in disputes which arise at festivals,
and also against sycophants and against political leaders
(presumably) who have allegedly deceived the people with false
promises.Greek:,.[ back to top ](Section 48 of 50)(dike)
pseudomarturion(dike) pseudomarturion Lit. (prosecution concerning)
false witness: a private indictment against amartus(witness). This
is by its nature a secondary action, brought against a man who has
been a witness in previous legal proceedings, and charging him with
having given a false or illegal testimony.Greek:.[ back to top
](Section 49 of 50)sukophantessukophantes,
pl.sukophantai(noun);sukophantein(verb) A term of disputed
etymology and disputed meaning, used pejoratively to describe an
officious litigant. Conventionally transliterated as sycophant or
sykophant, but the English adjective sycophantic derives from a
later, post-classical development in the meaning of the
word.Greek:,.[ back to top ](Section 50 of 50)sunegorossunegoros,
pl.sunegoroi Most commonly, a person who appears in court to speak
on behalf of a litigant. Lit speaker together with, thus at least
in theory preserving the rule that litigants could not be
represented by advocates: thesunegoroswas officially the supporting
speaker. The word is also used to describe a speaker appointed to
represent the state, normally as prosecutor; but the overwhelming
majority even of public prosecutions were brought by private
individuals.Greek:,.[ back to top ]section view|homeWhen using this
article as a resource, cite it thus:S.C. Todd, selections by
Michael de Brauw, A Glossary of Athenian Legal Terms, in Adriaan
Lanni, ed., Athenian Law in its Democratic Context (Center for
Hellenic Studies On-line Discussion Series). Republished in C.W.
Blackwell, ed.,Dmos: Classical Athenian Democracy(A. Mahoney and R.
Scaife, edd.,The Stoa: a consortium for electronic publication in
the humanities[www.stoa.org]) edition of March 16, 2003. Contact:
[email protected].
