The shape of Athenian laws

Classical Quarterly 48 (01):93- (1998)
The title is unashamedly plagiarized from Stephen Todd's excellent book, The Shape of Athenian Law. The plagiarism is slightly misleading, however, since my interest is in law as enactment while Todd's title expresses his interest in law as system . The issue I wish to address is the formulation of written laws in Athens during the late archaic and classical period, specifically the balance between procedural and substantive law. Substantive law deals with rights, obligations, offences, etc. Its role is to define behaviour which is required, allowed, or prohibited. These are what Hart terms ‘primary rules’. Procedural law, on the other hand, deals, as the name suggests, with the administration of justice, that is with jurisdiction, process, etc. Hart's term for these is ‘secondary rules’. The two cannot be separated quite as neatly as I have suggested, of course. A procedural law can scarcely avoid mentioning the offences or rights whose punishment or protection it regulates, while a substantive law may need to address issues such as jurisdiction. This is therefore an issue of orientation, not a simple binary division. However, as a broad basis for classification it is of value
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1093/cq/48.1.93
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

Our Archive

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 36,609
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

Add more citations

Similar books and articles

Seeing Shape: Shape Appearances and Shape Constancy.D. J. Bennett - 2012 - British Journal for the Philosophy of Science 63 (3):487-518.
The Perception of Shape.David H. Sanford - 1983 - In Carl Ginet & Sydney Shoemaker (eds.), Knowledge And Mind: Phil Essays. Oxford University Press.


Added to PP index

Total downloads
21 ( #303,014 of 2,303,874 )

Recent downloads (6 months)
3 ( #201,593 of 2,303,874 )

How can I increase my downloads?

Monthly downloads

My notes

Sign in to use this feature