Excerpt from Evidence in Athenian Courts
Our materials for constructing the history of the law of evidence are comparatively limited The evidentiary oath constitutes the sole excep tion, for its history can be traced with considerable certainty. But even here there are serious gaps. We are at a loss to know how the evidentiary oath degenerated into the formal and almost meaningless party oath sworn by both parties to a suit when the pleadings were filed, or how it came to be extended to witnesses.4 But the reason for the provision requiring evidence to be written, the origin of arbitration, and the nature of the original jurisdiction of magistrates which survived in the dvdxpwce present questions that can be answered only by conjecture. And there are many other cases where the practice of the Orators can be thor oughly understood only in the light of history, which unfortunately we are not able to reconstruct.
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This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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This is a learned, keen and vigorous essay dealing with the subject of Evidence in Athenian Courts from the standpoint of English law. (...) Writers on the theory and practice of evidence wherever considered or used, will find this work valuable. And practitioners had better not turn their backs on an account of classics which goes into the human nature of art in the way indicated by the following description of how Greek speech writers served their clients who were conventionally supposed to use their own language about their own cases. --Charles E. Grinnell, American Law Review 42 (1948) 946
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Paperback. Condition: New. Print on Demand. This book delves into the evidentiary practices of ancient Athenian courts, an intriguing subject often overlooked in broader studies of legal history. The author meticulously examines a wide range of primary sources, including speeches of prominent Athenian orators, to reconstruct the evidentiary rules and procedures of the time. A central focus of the work is the concept of hearsay and its treatment in Athenian courts. Various exceptions to the hearsay rule are explored, such as dying declarations, statements about family history, entries in account books, and admissions of parties. The author also sheds light on other aspects of Athenian evidentiary practice, including the competency of witnesses and the use of extrajudicial depositions. Through a comprehensive analysis of these evidentiary practices, the book offers valuable insights into the development of legal systems and the historical evolution of evidentiary principles, demonstrating the sophistication and complexity of ancient Athenian jurisprudence and its enduring influence on modern legal systems. Forgotten Books publishes hundreds of thousands of rare and classic books. This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. The digital edition of all books may be viewed on our website before purchase. print-on-demand item. Seller Inventory # 9781334655913_0
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PAP. Condition: New. New Book. Shipped from UK. Established seller since 2000. Seller Inventory # LX-9781334655913
Quantity: 15 available