Dike - Rivista di Storia del Diritto Greco ed Ellenistico
Rivista di storia del diritto greco ed ellenistico.
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8th Meeting of Young Historians of Greek Law. Athens, September 12-13, 2025
Si tratta di una cronaca di un recente convegno di diritto greco tenutosi ad Atene
Copyright (c) 2025 Maria Elina Koulouri https://creativecommons.org/licenses/by-sa/4.0
Τὰν ἀπλόον τιμὰν διππλεῖ καταστασεῖ. Procedural penalties in the law of Gortyn
Procedural penalties intended to discourage parties from engaging in lawsuits were not uncommon in ancient legal systems. In Roman law, the procedural penalty of litiscrescence was used to sanction a defendant who denied a special obligation by increasing the lis (value of the claim). As such, if the iudex (judge) sided with the plaintiff, a condemnatio in duplum had to occur. In order to prevent a condemnatio in duplum, the defendant had to acknowledge his obligation before the praetor, meaning no trial before a iudex would be needed. This article examines whether a functional analogon of the procedural penalty of litiscrescence existed in the law of Gortyn. For this, it is necessary to exegetically analyse provisions of the law of Gortyn that indicate or refer to a condemnation for the double value. Furthermore, particular attention must be given to how a confession or denial before court was handled under the law of Gortyn.
Copyright (c) 2025 Michael Binder https://creativecommons.org/licenses/by-sa/4.0
Notes on the “Stele of the Punishments” from Epidaurus
This essay examines several legal aspects in the recently published “Stele of the Punishments” from Epidaurus. The essay shows that the search of the house of Pasiteles in Hermione for stolen goods by officials from Epidaurus was in no way illegal. In the account of the search the text mentions the role of a slave to establish the liability of Lykiskos. Pasiteles was summoned before the Three Hundred at Epidaurus, questioned about his actions, and asked to name sureties, to swear an oath of denial, and to pay court fees. After he did not show up at his trial, the Three Hundred found him guilty of theft, condemned him to a fine of double the amount stolen, and voted to confiscate his property. Some time later, Lykiskos was condemned to pay a fine either for his role in this theft or for another offense. The legal procedure followed in the cases reveals similarities and differences from legal procedure at Athens. Finally, the stele aimed to warn those working in the sanctuary against embezzling valuable items and also demonstrated to Greek visitors to the shrine of Asclepius that the people of Epidaurus upheld the basic tenets of the rule of law. Questo saggio esamina diversi aspetti giuridici della recentemente pubblicata “Stele delle punizioni” di Epidauro. Il saggio dimostra che la perquisizione della casa di Pasiteles a Ermione, alla ricerca di beni rubati, da parte dei funzionari di Epidauro non era affatto illegale. Nel resoconto della perquisizione, il testo menziona il ruolo di uno schiavo nel determinare la responsabilit. di Lykiskos. Pasiteles fu convocato davanti ai Trecento a Epidauro, interrogato sulle sue azioni e invitato a nominare dei garanti, a prestare giuramento di negazione e a pagare le spese processuali. Dopo che non si present. al processo, i Trecento lo dichiararono colpevole di furto, lo condannarono a una multa pari al doppio dell'importo rubato e votarono di confiscare i suoi beni. Qualche tempo dopo, Lykiskos fu condannato a pagare una multa per il suo ruolo in questo furto o per un altro reato. La procedura legale seguita nei casi in questione rivela somiglianze e differenze rispetto alla procedura legale in uso ad Atene. Infine, la stele aveva lo scopo di mettere in guardia coloro che lavoravano nel santuario dal sottrarre oggetti di valore e dimostrava anche ai visitatori greci del santuario di Asclepio che il popolo di Epidauro sosteneva i principi fondamentali dello Stato di diritto.
Copyright (c) 2025 Edward M. Harris https://creativecommons.org/licenses/by-sa/4.0
Un inedito di Mario Talamanca in tema di homologia kyria
Abstract: This article presents the unpublished typescript of Mario Talamanca’s paper on homologia kyria, originally delivered at the 1977 Symposion on Greek and Hellenistic Law in Chantilly, France, but never included in the published proceedings. The rediscovered text not only fills a nearly fifty-year gap in the historiography but also provides a valuable contribution to one of the most debated issues in the study of Greek private law in general and of Attic law in particular. Against the background of the influential thesis of H.J. Wolff, which explained the homologia in terms of Zweckverfügung and denied its promissory character, Talamanca advanced a critical reading of the Attic sources, stressing instead the consensual dimension of homologein. His argumentation – grounded in close philological analysis and in a systematic critique of Romanist categories projected onto the Greek experience – shows that the law on homologia kyria cannot be reduced to a mere procedural mechanism, nor does it admit the existence of fully consensual contracts in Athens. Rather, Talamanca outlined a third way: in Attic law the principle of consensuality had not yet taken hold, but the significance of a mere undertaking cannot, in any case, be excluded. The publication of this essay, long forgotten and now restored to the scholarly community, seeks not only to pay tribute to one of the most original interpreters of Greek legal history in the twentieth century, but also to reopen the debate on the nature and limits of contractual obligation in the Athenian polis. Riassunto: L’articolo presenta il dattiloscritto della relazione inedita di Mario Talamanca sull’homologia kyria, originariamente pronunciata al Symposion sul diritto greco ed ellenistico svoltosi a Chantilly, in Francia, nel 1977, ma mai confluita negli atti a stampa. Il testo, oggi riscoperto, non solo colma un vuoto quasi cinquantennale nella storiografia, ma offre anche un contributo prezioso a uno dei temi pi. discussi nello studio del diritto privato greco in generale e attico in particolare. Sullo sfondo della nota tesi di H.J. Wolff, che interpretava l’homologia in base al concetto di Zweckverfügung, negandone il carattere promissorio, Talamanca avanzava una lettura critica delle fonti attiche, ponendone in rilievo la dimensione consensuale. La sua argomentazione – fondata su un’analisi filologica puntuale e su una sistematica critica all’applicazione di 2 categorie romanistiche alla realt. greca – mostra come la disciplina dell’homologia kyria non possa ridursi a un mero meccanismo processuale, né possa tuttavia condurre ad ammettere l’esistenza ad Atene di veri e propri contratti consensuali. Talamanca deline. piuttosto una terza via: nel diritto attico non si era ancora affermato il principio della consensualit., ma la rilevanza del mero impegno non pu. essere in ogni caso esclusa. La pubblicazione di questo saggio, a lungo dimenticato e oggi restituito alla comunit. scientifica, intende non solo rendere omaggio a uno degli interpreti pi. originali della storia giuridica greca nel Novecento, ma anche riaprire il dibattito sulla natura e sui limiti dell’obbligazione contrattuale nella polis ateniese.
Copyright (c) 2025 Lorenzo Gagliardi https://creativecommons.org/licenses/by-sa/4.0
Anagrapheis ton nomon and the ‘Evolving Law Reform’ Against the Background of Athenian Legal Culture in Late 5th Century BCE
The paper aims to reconstruct the procedures of the scrutiny of the laws (a vital part of the ‘evolving law reform’) in late 5th century BCE Athens, approaching them from a broader legal-cultural perspective that highlights the anagrapheis tōn nomōn’s vital role in revealing features of Athenian legal culture. I argue that the anagrapheis were neither mere transcribers of the laws nor officials vested with extensive legislative authority. Instead, their significance lay in the logistical challenges of finding, identifying and collecting laws during the preparatory step, before submission to the Ekklēsia for final approval. The Anagrapheis’ works underscore not their individual relevance per se, but rather the broader complexity, flexibility, and importance of legal scrutiny itself for late 5th century Athens. Thus, contextualising their role within the ‘evolving law reform’ illuminates multiple aspects of Athenian legal culture – ranging from ways of legal thinking, to social attitudes toward legislation, as well as the materiality of laws and the logistical complexities of legal inquiries, such as the establishment of archives, or the ways of publishing laws. After briefly presenting the sources (II), and outlining Nicomachus’ trial (III), I analyse the evidence to highlight key features of legal scrutiny, focusing on the anagrapheis’ vital role (IV), and conclude each subsection by considering what this reveals about Athenian legal culture (IV). A broader examination of the legal scrutiny procedures, law reform complexities, and their connections to legal culture is presented in the final sections (V–VI).
Copyright (c) 2025 Radosław Miśkiewicz https://creativecommons.org/licenses/by-sa/4.0
Citizen nothoi? The cases of Phile (Isaeus 3) and the two ‘Mantitheuses’ (Dem. 39 and [Dem.] 40)
This article defends arguments expressed in an earlier article published in Polis 36 (2019), against the recent critique of Brenda Griffith-Williams (2020 and 2023), about the role of nothoi in the democratic polis. The evidence of Dem. 39 (Against Boeothus I), [Dem.] 40 (Against Boeothus II) and Isaeus 3 (On the Estate of Pyrrhus) shows that nothoi could be citizens at Athens, despite the assertions of many modern scholars to the contrary, and that the chief limitation which nothoi faced was to do with inheritance entitlements. A careful examination of the case against Boeothus shows that the issue at stake was the inheritance of Mantitheus’ estate, not citizenship, even though the latter is at several points dragged in for rhetorical reasons. Similarly, Isaeus’ third speech on closer analysis gives an overwhelmingly probable indication, though disputed by many scholars, that the daughter of Pyrrhus, a woman alternatively called Phile and Cleitarete, who married an Athenian named Xenocles, was an illegitimate daughter (nothe) of the deceased Pyrrhus, the rights to whose estate were up for dispute. These speeches give further confirmation to my earlier argument that legitimacy at Athens carried two distinct senses: citizenship legitimacy, which from 451/0 meant having two Athenian parents to whom the inductee to a deme could point on his eighteenth birthday, and engyetic legitimacy, which is what was required for inductees, male and female, to phratries.
Copyright (c) 2025 Christopher J Joyce https://creativecommons.org/licenses/by-sa/4.0
Twenty-Fourth Symposion of greek and hellenistic law
Dal 2 al 4 settembre 2024, l’Università degli studi di Milano ha ospitato il XXIV Symposion della Società Internazionale di Storia del Diritto greco ed ellenistico.
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Uwe Walter, Hellas und das große Ganze. Die alten Griechen in „Weltgeschichten“ zwischen Geschichtswissenschaft, Buchverlagen und historischer Bildung
Uwe Walter, Hellas und das große Ganze. Die alten Griechen in „Weltgeschichten“ zwischen Geschichtswissenschaft, Buchverlagen und historischer Bildung, unter Mitwirkung von Mailin Herjürgen und Richard Knaak, Vandenhoeck & Ruprecht 2023, p. 166
Winfried Schmitz, Leges Draconis et Solonis (LegDrSol)
Winfried Schmitz, Leges Draconis et Solonis (LegDrSol). Eine neue Edition der Gesetze Drakons und Solons mit Übersetzung und historischer Einordnung, unter Mitarbeit von Anja Dorn und Tino Shahin, Historia Einzelschrift 270, Stuttgart (Franz Steiner Verlag) 2023, 2 Bände, XIII+943 S., ISBN: 978-3-515-13361-6.
John Killen (ed.), The New Documents in Mycenaean Greek
John Killen (ed.), The New Documents in Mycenaean Greek, Cambridge, Cambridge University Press, 2024, 2 vols, vol. 1 = pp. XXVIII + 409, vol. 2 = pp. XXVI + 736. ISBN: 9781009286091.
We republish here in her memory an article by Ileana Chirassi Colombo (1936-2023) regarding the relationship between religion and law in classical Greece and other ancient civilizations with an introduction by Alberto Maffi (co-editor of Dike) and Sabina Crippa (professor of History of religions at Ca’ Foscari University of Venice).
Reflections on isotimia and citizenship in some Thessalian decrees
This paper aims to reflect on the significance of the concession of isotimia, literally “equality of rights”, and its association with the epigraphic formula pathontessi kai drasantessi (abbreviated hereafter as path-/dras-) in Thessalian decrees, and to explore its relationship with other honors granted to foreign benefactors, particularly citizenship. The first part of the essay focuses on identifying and analyzing documents where isotimia appears alongside the path-/dras- formula. The second part extends the investigation to literary and epigraphic documents deemed useful for clarifying the value of isotimia. The conclusion drawn is that isotimia is not entirely synonymous with citizenship, which encompasses it, but rather represents an attribute of it. Isotimia explicitly articulates a prerogative that is inherently implied in naturalization, namely the ability for naturalized citizens to share rights that belong to native citizens. When combined with the path-/dras- formula, isotimia delineates the equality of rights from both an active perspective (holding public office) and a passive one (submitting to the authority of magistrates).
Homologia in Thucydides: Form, Function, and Debate
In his account of the ‘Peloponnesian War’, Thucydides also describes many capitulation treaties, most of which are referred to as homologies (ὁμολογίαι). Since Thucydides makes use of a legal-technical terminology and the treaties often seem to be designed according to a similar pattern, it is argued in the literature that Thucydides consulted original documents and, based on their wording, integrated them into his work, perhaps even quoted them. The corpus of these ὁμολογίαι will be analysed in this study on the basis of three questions: (1) What terminology does Thucydides use? (2) How is the treaty-making process presented? (3) How does Thucydides refer to the respective performance content of a ὁμολογία? On this basis, international law can also make a valuable contribution to the current heated debate on the structure and significance of homology in the 5th/4 th century BC.
Land and Citizenship in the Greek Polis: Real Property, Public Control, and Institutionalisation
The aim of this article is to show how an approach focusing on the dynamics of the relationship between land and politeia – an aspect not often adequately considered in recent studies on the conceptualisation of citizenship as “sharing (metechein) in the polis” – can offer new elements for the analysis of institutionalisation within the Greek city. After pointing out that in Homeric society land ownership is much less exclusive than in the polis of the classical age, the first part of the essay examines, through a substantial number of epigraphic documents, aspects such as arbitration concerning the boundaries of the polis, land distributions, confiscations and expropriations of real properties, the protection of boundaries, as well as various forms of legal limitation of property rights, that all together reflect, since the sixth century BCE, the intervention of public institutions in regulating property relations within the territory of the Greek city. As a parallel and complementary phenomenon, the second part of the article looks into the various forms of property registers and records and, in particular, concentrates on the need for archival lists of citizens and properties as a prerequisite for the institutional functioning of the polis.
Early Greek legal history and the Mycenaean sources
Legal historians of ancient Greece often begin with the Homeric poems as the earliest sources for a study of the emergence of normative order in Greece. By contrast, the large corpora of administrative records produced by the Mycenaean palaces from ca. 1450-1200 BC have aroused little interest in the legal historiography. Despite this, discussions of themes such as property, relations of obligation, and dispute resolution are prominent in the specialist Mycenaean literature, but often with uncritical and selective reliance on legal conceptions. This paper outlines several key problems for a legal historical approach to the Mycenaean evidence, through a critical consideration of the reasons why these sources have long been excluded by legal historians. It is argued that a legal historical approach must avoid applying formalist conceptions of law and legal categories to the Mycenaean evidence, and must engage with trends in specialist studies which have recognised a more limited role of the Mycenaean palaces in the broader economy. Following the example of recent critical histories of the production of normativity in other premodern contexts, this article outlines some key considerations for a legal history of the Mycenaean world and emphasises the broader social and economic context of the administrative practices which produced the documentary records. It is argued that the evidence should not merely be read from the perspective of the palace as the only centre of order, but that the records reveal limitations to the scope of palatial normativity, especially in the sphere of property relations where the local communities held considerable power. This article calls for future studies of the Mycenaean records to adopt a more pluralistic conception of the production of normativity, and to engage with trends in critical legal historiography.
The Modern Concept of the State and the Transformation of the Greek Polis into a State
This contribution suggests a proper definition of the state. It refuses the limitation of the term to modern states only and sees the state as a concept for all historical epochs. The definition takes up the doctrine of the three elements constituting the state: territory, people and power (Georg Jellinek), but adds necessary specifications and amendments. The article discusses further the position of Max Weber and criticizes recent publications of ancient historians.
1972-2022: the conception, reception and scope of Philippe Gauthier’s Symbola
This austere work is a landmark, but also bears the mark of the context of its writing (a “main” thesis of “Doctorat d’Etat”), of its author and of its intellectual filiation. It is the work of a historian, trained alongside André Aymard and Louis Robert, on an idea of Moses Finley, and finally a thesis directed by Édouard Will. A technical work, which opened many dossiers, it was also part of the history of law. It was well received by epigraphists (it earned its author the chair of epigraphy at the EPHE) and by a number of historians; it was also part of a vast renewal of studies devoted to the relations of cities with foreigners, which characterized the 1970’s to 1990’s (work on isopoliteia, metoikoi, proxenia, asylia, etc.), which has not dried up since. But the author’s institutional and even legal perspectives have given rise to significantly different approaches among historians. Moreover, some of the author’s historical conceptions (such as those set out in his conclusion) are now outdated, by many works, including later studies by Philippe Gauthier himself.
Rendere giustizia agli stranieri nella Grecia antica. A cinquant’anni dalla pubblicazione dei Symbola di Philippe Gauthier
Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0
Proxenoi and asylia in Gauthier’s Symbola
In the framework of a re-examination of Symbola, the volume dedicated by Gauthier to foreigners and justice, the author of this essay focuses his attention on chapter I, in particular on the figure and role of the proxenos (taking into account the main opinions subsequently expressed in literature), and on chapter V, in particular on the role of protection of the foreigner ensured by the grants of asylia. To clarify the scope of this privilege, it was deemed useful to compare the traditional way of understanding the sylai, i.e. the ‘saisies’ in Gauthier’s language, with the critique of this opinion carried out by B. Bravo in 1980. At the end of his analysis, the author holds the view that many of the research directions on these topics indicated by Gauthier, deserve to be taken into serious consideration by those who wish to continue the study of relations between citizens and foreigners in the Greek world.
The bran and the flour. Relevance of Philippe Gauthier’s thought on metics
In the pages that P. Gauthier dedicates to the metics in Symbola, his 1972 volume concerning foreigners and justice in the Greek world, several interesting aspects emerge regarding the figure of the resident foreigner, which are still debated today. This paper aims to retrace Gauthier’s thought on this aspect and to read it in the light of the scientific debate of the following fifty years. What emerges is a vision that in some respects deserves to be supplemented and updated, but in many others retains its vivid relevance. Gauthier, in contrast to many of the studies of recent decades, convincingly argues that the legal status of the metic is an indispensable component in determining his level of integration within the polis.
Athens, the allies and the empire: symbolai and symbola between the fifth and fourth centuries BCE
The aim of this article is to focus on chs. 2 and 4 of Philippe Gauthier’s Symbola and assess to what extent his main argument - underlining the difference between fifth-century «commercial» (and procedural) symbolai and fourth-century «judicial» (and substantive) symbola - is still valid. The starting point is that symbolai were themselves part of a wider picture including political charges arising in allied poleis tried by the Athenian courts and «administrative» cases also adjudicated in Athens. In the first part of the article, it is argued that the boundaries between symbolai and symbola were more blurred that Gauthier assumed. Trials apo sumbolōn, when attested in fifth century Athenian decrees, clearly do not only concern commercial cases. The term symbolaion, in particular, has a broader (and more technical) meaning than «affaire», «rapport d’affaire» (Gauthier) or «contract», and can be shown to refer to obligations both ex delicto and ex contractu. Symbolai, in other words, covered legal cases concerning persons and property. The second part of the article focuses on some important perspectives suggested by Gauthier’s book with regard to the Athenian empire and Athens’ relations with her allies. It is maintained that the Delian league was also an economic system which entailed, right from its establishment, the creation of a network of interstate agreements that made free and safe circulation of persons and goods possible.
Περὶ τῶν συμβολῶν. Philippe Gauthier and the question of isopoliteia
After a few preliminary remarks on Philippe Gauthier’s conception of the relationship between law and history, we turn more specifically to chapter 7 of the Symbola, devoted to isopoliteia, to assess the current relevance of the author’s hypotheses on this granting and sometimes exchange of citizenship between cities and/or koina. Since the aim of the book is to study all forms of judicial protection for passing foreigners, the question is whether isopoliteia is one of them. The author proceeds, as he does elsewhere, by analysing cases, in particular the agreement between Pontic Olbia and Miletus (Miletus I.3, 136) as well as the whole dossier linking the Cretan Epikles of Waxos with the Aetolians (Syll3, 622A and B). Three guidelines are followed here, allowing the work to be placed in a historiographical perspective with reference to the later books by W. Gawantka (1975) and S. Saba (2020): the use of the term isopoliteia in Greek and the contours of isopolity as constructed by modern historians; the definition of the term and the content to be given to it; finally, the question of the legal and judicial scope of isopoliteia. On this last point, Gauthier’s conclusion still seems convincing, since the decrees and agreements of isopoliteia provide their beneficiaries with real protection. On the other hand, in line with recent work, the present article is more critical on the question of dual citizenship: this was largely rejected by Gauthier on the grounds that one citizenship would exclude another, which is not proven for either the Classical or Hellenistic periods. Finally, in relation to dual or multiple citizenship, I question the relevance of the notion of “potential citizenship” used by Gauthier who follows the tradition of Szánto, in relation to the politeia granted on an individual or collective basis: this, in fact, poorly accounts for the actual use of the privileges it contained.
Ho boulomenos and Athenian public lawsuits from the death of Alexander the Great to the first century B.C.: evidence of the survival of a classical legal institution in Hellenistic Athens
The practice of granting any willing individual the right to denounce serious offences has been directly linked to the legal system of Athens. Although the literary and epigraphic material concerning the law of post-classical Athens is less informative than that of the classical period, references to procedures initiated by ho boulomenos (“anyone who wishes”) from the late fourth century B.C. to the early years of Augustus’ reign show that the Athenian legal system continued to provide for the right of volunteers to denounce offences affecting important aspects of social and political life, such as acts against the polis constitution, religious affairs or the use of proper weights and measures. This article highlights the phenomenon of public lawsuits in Athens during the Hellenistic period by presenting all relevant literary and epigraphic references and demonstrating the continuing importance of this type of prosecution for the Athenian state.
On the Greek-philosophical impact on Labeo’s definition of the locatio conductio operis
Roman law was influenced by Hellenistic concepts across the various periods of its development. This influence is reflected in the inclusion of Greek terms in the Latin texts of Roman jurists. The following article addresses Labeoʼs definition of locatio conductio operis and its interpretation in Romanist doctrine. The article explores Labeo’s use of the terms ἀποτέλεσμα and ἔργον in his definition, offering a linguistic analysis of these lines that attends to the meaning of the Greek language usage. In conclusion, the significance of the Hellenistic influence here is grounded by reviewing some relevant aspects of Greek law and the circumstances under which Labeo wrote his text, which is cited in D. 50.16.5.1.
International Symposium „Ancient Greek Law – Vectors of Local Idiosyncrasy and Unity“ – Westfälische Wilhelms-Universität Münster, 23.-24. Februar 2023
Sara Saba, Isopoliteia in Hellenistic Times
Sara Saba, Isopoliteia in Hellenistic Times [Brill Studies in Greek and Roman Epigraphy], Leiden-Boston, Brill, 2020, p. 291. ISBN: 978-90-04-42569-9.
Romain Guicharrousse, Athènes en partage. Les étrangers au sein de la cité (Vᵉ-IIIᵉ siècles av. n. è.)
Romain Guicharrousse, Athènes en partage. Les étrangers au sein de la cité (Vᵉ-IIIᵉ siècles av. n. è.), Paris, Editions de la Sorbonne, 2022, p. 487. ISBN : 979-10-351-0840-3.
Henning Börm, Mordende Mitbürger. Stasis und Bürgerkrieg in griechischen Poleis des Hellenismus
Henning Börm, Mordende Mitbürger. Stasis und Bürgerkrieg in griechischen Poleis des Hellenismus [Historia – Einzelschriften 258], Stuttgart, Franz Steiner Verlag, 2019, S. 362. ISBN: 978-3-515-12311-2.
Shulamit Almog, The Origins of the Law in Homer
Shulamit Almog, The Origins of the Law in Homer [Law and Literature, 21], Berlin / Boston, de Gruyter, 2022, 142 S. ISBN: 978-3-11-076593-9.
XXIII Symposion of Greek & Hellenistic Law, by Lina Girdvainyte Rendere giustizia agli stranieri nella Grecia antica. A cinquant’anni dalla pubblicazione di Symbola di Philippe Gauthier, by Alberto Maffi
Quintijn Mauer, Application, Adaptation and Rejection. The strategies of Roman jurists in responsa concerning Greek documents
Quintijn Mauer, Application, Adaptation and Rejection. The strategies of Roman jurists in responsa concerning Greek documents, Bodegraven, AlphaZet prepress, 2022, pp. XV + 285. ISBN: 978-94-6236-291-8