lecture one Flashcards
1
Q
Why antiquity still matters?
A
- laid the groundwork for contemporary legal systems.
- its philosophies and practice continue to inform modern governance, ethics and human rights discourse.
2
Q
key moments in ancient legal history
A
- The oldest legal code is the Code of Ur-Nammu (c.2100-2050BC); it decreed equity in the land.
- The first well organised surviving legal code is the Code of Hammurabi (1755-1750BC); the eye for an eye principle.
- the first international agreement is the Egyptian-Hittite peace treaty (1259BC); symbolically in the UN
3
Q
Ancient Greece
A
Ancient Greece laid the foundational frameworks for modern society, law, and culture, significantly influencing Western civilisation.
3
Q
History of Ancient Greece
A
- Ancient Greece flourished from the 8th century BC, noted for its city-states or poleis, such as Athens and Sparta, each with distinct political systems and social structures.
- The period saw remarkable advancements in philosophy, arts, and sciences, with influential figures like Socrates, Plato, and Aristotle shaping intellectual discourse.
- Three key moments which defined Greek cultural longevity, in spite of the internal divisions were:
1. the victorious Persian wars (499-479 BC)
2. the rise and fall of the empire of Alexander the Great (336-323 BC) and the subsequent diadochi kingdoms - Hellenistic age (323-31 BC)
3. the rise of Rome (further cultural syncretism)
4
Q
Society in Ancient Greece
A
- Greek society was stratified, marked by distinctions between free citizens, women, and slaves.
- Citizens engaged actively in political life, with rights to vote and participate in assemblies, mostly reserved for males.
- Social states influenced one’s role and obligations within the city-state.
5
Q
Culture in Ancient Greece
A
~ Cultural achievements in Ancient Greece include advancements in architecture and sculpture:
- e.g, the Parthenon, the temple of Artemis in Ephesus, the statute of Zeus in Olympia
~ Contributions to literature:
- e.g, Homer’s ‘Iliad’ and ‘Odyssey’, Herodotus ‘Histories’
~ Theater
- e.g, playwrights such as Sophocles and Euripides
~ The Olympic Games, rooted in Greek culture, fostered unity among city-states
~ Greek religion and myths have served as both a unifying factor and a cultural ‘export’
6
Q
State in Ancient Greece
A
- The political landscape of Ancient Greece was characterised by various forms of government at various periods in history, e.g:
~ monarch in Mycenae
~ aristocracy followed by tyranny and democracy in Athens
~ militaristic oligarchy with two kings in Sparta
~ tyranny in Corinth and Syracuse - Importantly, the Greek colonisation meant the different systems spread across the region.
7
Q
Law in Ancient Greece
A
- Law in Ancient Greece varied by city-state.
- Athens developed a more democratic legal system that included public trials and juries (e.g. the trial of Socrates).
- Athens famously passed the first amnesty law in history (403 BC).
- But they also practised ostracism, whereby any citizen could be voted to be expelled from the polis for 10 years.
- In turn, harsh laws in Sparta ensured control over its populace and helots.
8
Q
Ancient Rome
A
Ancient Rome laid the groundwork for many aspects of modern civilisation, influencing law, governance, and social structure.
9
Q
History of Ancient Rome
A
- According to legends, Rome was founded in 753 BC by Romulus, a descendant of Aeneas and son of Mars.
- It was later governed by 6 other kings (7 total), until the establishment of the Roman Republic in 509 BC.
- The Republic was de facto ended by Jules Cesar when he became a dictator for life (44 BC) and ultimately transitioned to the Roman Empire in 27 BC, when Octavian Augustus became emperor.
- The empire lasted un 476 AD, with its eastern part (Byzantine Empire), lasting until 1453.
10
Q
Society in Ancient Rome
A
- Roman society was stratified consisting of:
~ patricians
~ equites
~ plebeians
~ freedmen
~ slaves - The class system influenced political power, wealth distribution, and social mobility, with patricians holding most power until reforms allowed for greater plebeian participation.
11
Q
Culture in Ancient Rome
A
- The culture of Ancient Rome was marked by the integration of Greek influences in art, literature, religion, and philosophy.
- As the empire grew, cultural syncretism soon started to include also other cultures, e.g. Egyptian (obelisks, cult of Isis) or Persian (cult of Mithras)
- Roman cultural achievements include advancements in architecture, such as the development of concrete, which enable the construction of enduring structures like the Colosseum, the Pantheum, or the aqueducts.
- Romans also left a major impact on poetry (Horace, Catullus), literature (Cesar, Cicero) and other arts.
12
Q
State in Ancient Rome
A
- The Roman state was characterised by a complex form of governance.
- As a Republic, it was governed by elected officials and the Senate.
- It later transitioned into an autocratic Empire under leaders like Augustus, Trajan or Marcus Aurelius.
- The emperor then had the majority of power (also religious, as pontifex maxmius), however the Senate and consuls continued to function.
12
Q
Law in Ancient Rome
A
- Roman law served as a model for modern legal systems, emphasising concepts such as justice, equity, and the rights of individuals.
- This is particularly visible in civil law systems and the Scots law.
- It heavily influenced the Canon Law (law of the Catholic Church), thus continuing its impact to the present day.
- The Twelve Tables, created in 450 BC, established fundamental legal principles.
- Various strands of the Roman Law were brought together under the Byzantine Emperor Justinian in Corpus Juris Civilis (529 and 534 AD).
13
Q
Antigone
A
The case of Antigone exemplifies the clash between individual morality and state laws in ancient society, highlighting the enduring relevance of legal dilemmas.
14
Q
The Case of Antigone
A
- Antigone (441 BC) is a tragedy by Sophocles (c. 497/496 - winter 406/405 BC).
- It portrays the conflict between religious and familial loyalty and civic and legal duty.
- Antigone’s defiance of King Creon’s edict, in burying her brother Polynices, sets the stage for a profound exploration of justice and law.
15
Q
Legal and Societal Implications
A
- Antigone’s actions raise questions about the limits of authority and individual rights.
- They also illustrate the oftentimes difficult balance between the law of the gods (natural law) and the law of the kings (positive law).
- It paves the way for discussions on civil disobedience and natural law.
