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Women in the Law Courts of Classical Athens


ISBN13: 9781474446730
Published: November 2022
Publisher: Edinburgh University Press
Country of Publication: UK
Format: Paperback (Hardback in 2021)
Price: £24.99
Hardback edition , ISBN13 9781474446723



Despatched in 8 to 10 days.

  • Explores the intersection of gender with important aspects of Athenian society such as citizen status, social values and beliefs, class, economic capacity and legal standing
  • Discusses how different groups of women, such as citizens, metics, alien and native sex workers, and slaves interacted with law enforcement and the extent to which these groups had access to key institutions in the Athenian Democracy
  • For the first time throws some light upon several fascinating fragments, like the two speeches Against Aristagora, or the case against Timandra
  • Discusses the recent suggestion of a "witch-hunt" in 4th century Athens

Konstantinos Kapparis challenges the traditional view that free women, citizen and metic, were excluded from the Athenian legal system. Looking at existing fragmentary evidence largely from speeches, Kapparis reveals that it unambiguously suggests that free women were far from invisible in the legal system and the life of the polis.

In the first part of the book Kapparis discusses the actual cases which included women as litigants, and the second part interprets these cases against the legal, social, economic and cultural background of classical Athens. In doing so he explores how factors such as gender, religion, women’s empowerment and the rise of the Attic hetaira as a cultural icon intersected with these cases and ultimately influenced the construction of the speeches.

Subjects:
Roman Law and Greek Law
Contents:
Introduction
i. Women and the Legal System of the Athenian Democracy: Why is it important?
ii. The intersection of the law with the lives of women.
iii. Sources
iv. Modern literature
PART 1:Cases involving women litigants
Lysias, To Antigenes, On the Abortion
Lysias, On the daughter of Antiphon
Hypereides, Against Aristagora aprostasiou, (two speeches)
Deinarchos, That the daughters of Aristophon are not heiresses
or, Diamartyria that the daughter of Aristophon is not an heiress
Pericles, In Defense of Aspasia, for Impiety
[Demosthenes] 40, To Boiotos on his mother’s dowry
Hypereides, Against Demetria, apostasiou
Lysias, Against Diogeiton: A mother’s compelling speech
Deinarchos, Synegoria to Hegelochos, for the Epikleros, or Against Hegelohos, Synegoria on behalf of the Epikleros
Deinarchos, Against Hedyle, apostasiou
Lysias, To Lais
[Deinarchos], Dispute between the priestess of Demeter and the Hierophant
Lycurgus, On the Priestess
Deinarchos, For an Epikleros: For the Daughter of Iophon
Euboulides, Against the sister of Lakedaimonios, for Impiety
Hypereides, In Defense of Mika
Apollodoros, Against Neaira
Lysias, For Nikomache
Menekles, Against Ninos the Priestess, for Impiety.
Lysias, On the daughter of Onomakles
Isaios 3, On the Estate of Pyrrhos
Lysias, Against Philonides for Rape
Hypereides, In Defense of Phryne
Lysias, On the daughter of Phrynichos
Isaios , To Satyros, on behalf of the epikleros.
Antiphon 1, Against the Stepmother
Demosthenes, Against Theoris, for Impiety
Hypereides, To Timandra
PART 2
Chapter 1. Women’s participation in the Athenian justice system
1.1. Women’s access to the various layers of the justice system
1.2 Representation versus exclusion
1.3. Not all women are the same
1.4. Conclusions
Chapter 2. Judicial processes involving women.
2.1 An overview of processes and procedures in the Athenian Justice System
2.2. Women and politics
2.3. Citizenship and immigration violations
2.4. Prosecutions for religious offenses
2.5. Economic disputes.
2.6. Violent crime
2.7. Personal responsibility before the law
Chapter 3. Gender as a factor in the construction of the argument
3.1. Gender stereotypes as a factor in trials involving both men and women: An introduction
3.2 The dutiful wife and mother
3.3. The indecent women of Athens
3.4. The poisoner and the witch
3.5. Images of the body and sexuality
3.6. A woman with a past
3.7. Conclusions
Chapter 4. Women’s Empowerment, Social Groups and the Justice System
4.1. Introduction
4.2. The Citizen woman in the Athenian polis
4.3. The Metic woman in the Athenian polis
4.4. The working women of Athens: legal implications.
4.5. Conclusions
Chapter 5. Conclusions
Appendix: The main laws affecting the lives of Athenian women.
The law on marriage
The law on the epidikasia of citizen and metic epikleroi
The law on the epidikasia of a poor epikleros
The Periclean citizenship law
The laws prohibiting mixed marriages between Athenians and non-Athenians
The law on divorce
The laws on adultery affecting women
The laws on succession and inheritance directly affecting women
The social network: the laws requiring of the archon to protect women, children and orphans from abuse of their person or property.
All priests and priestesses are equally responsible under the law.