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Law Code Under The Mask

Posted on:2008-09-14Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2155360215492594Subject:World History
Abstract/Summary:PDF Full Text Request
Law is the bottom line of morality, it reflects a society's most basic values.Ancient Greek law is an important transition to the law of ancient Roman. It will bemuch easier to access the Western legal development by understanding the law ofancient Greece. Drama is the most extensive art form of Greece during the classicalperiod. The Classical drama presented the social scene of Athens, as well as the laws.The author will discuss the development of general Greek law and analyze theclassical period in Athens and its legal impact on the community, by using drama asan entry point. From the macro-perspective of city-state to analyze the classical periodthat the Athenian laws and its practice reflecting in dramas, then explore thecity-state's impact on law in the aspects of authority, justice, fairness and the rule oflaw.In the specific legal course and practice, the Athenian laws reflect the followingcharacteristics: First, Athenians personality of litigation preferences are not born alone,but because of the surrounding social settings. Athenian political, economicatmosphere have encouraged citizens to pursue and protect their own interests activelyand proactively. Second, in most cases the outcome of the proceedings is notprincipally dependent on the merits of the case but many subjective factors. Speechesand orations became the most effective tool of power. Once orators lead the publictowards the wrong path in order to achieve their personal wishes, the whole socialinjustice will be leaded to. Third, classical Athenian penalties show a betterexpression for the humanities legal system. In this system, a person who was sentenceexiled could begin his new life in another city-state.From the specific legal practice, we can see that polis has take over personalvengeance the through the mandatory laws, so the traditional private "justice" hasbecome a city-state's public "justice". The transition of Eumenides actually shows that law has been acknowledged as a part of the city-state's system. The effect ofcity-state's legal system is increasing from Aeschylus to Socrates, but some challengesand difficulties between authority, justice and the rule of law must be faced. In all, themost important thing in classical Athens is the city-state's interests. Behind the lawthere is the polis life that under the direct democracy and pan-politicization. As itsindependent, self-contained city-state characteristics Athens can not develop acomplete legal system as Roman Empire did. However, this change is not easy,Antigone and Socrates are the good example. Their tragedies are rooted the conflictson their respective understanding of legal and moral, shows different values caused bythe inevitable conflicts. Antigone and Socrates chose two different ways to respond tothe conflicts. Socrates explained the spirit of the isonomia(rule of law) by his death, inwhich different from Sophocles' solution.
Keywords/Search Tags:Classical, Athens, polis, law, drama
PDF Full Text Request
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