Law and Order in Ancient Athens

Cover
Half-title
Title page
Copyright information
Dedication
Table of contents
Acknowledgments
List of abbreviations
Part One
	One: Informal Social Control and Its Limits
		1.1. Social Sanctions and the Economy of Reputation
			Social Sanctions: Definitions
			Social Sanctions in Action
			Some Practical Limits on the Power of Social Sanctions
			Ideological Limits on the Power of Social Sanctions
		1.2. Internalized Norms
		1.3. Self-Help and Private Discipline
			Private Discipline
			Self-Help
			Self-Help in Response to Nocturnal Theft and Violent Attack
			Self-Help in Response to Adultery and Fornication
			Self-Help Beyond the Household
		1.4. Settlement and Private Arbitration
	Two: Law Enforcement and Its Limits
		2.1. The Underenforcement of Athenian Statutes
			Reduced Probability of Prosecution and Enforcement of Judgments
			Uncertainty about Trial Outcomes
		2.2. Spheres of Enhanced Deterrence
			Economic Security
			Maintaining Order in Public Spaces
			Security from Theft
			Securing the Democracy
Part Two
	Three: The Expressive Effect of Statutes
		3.1. The Expressive Function of Law
			The Expressive Role of Law in Athens
		3.2. The Law Prohibiting Hubris and the Treatment of Slaves
			Legal Treatment of Slaves
			The Hubris Law in Context
			The Expressive Effects of the Law Against Hubris
		3.3. Homosexual Pederasty and the Prostitution Laws
			The Cultural Context of Pederasty
			The Athenian Prostitution Laws and Modern Interpretations
			The Expressive Effect of the Prostitution Laws
		3.4. Conclusions
	Four: Enforcing Norms in Court
		4.1. Norms in Court
			Treatment of Family and Friends
			Moderation in the Face of Conflict
			Honesty and Fair Dealing in Business Affairs
			Loyalty and Service to the City
			Norms of Private Conduct
			Legal Norms Unrelated to the Charge
		4.2. Enforcing Norms, Not Statutes
			Unpredictable Outcomes, Predictable Arguments
			Creating Incentives to Conform to Extrastatutory Norms
			Norm Enforcement, Ancient and Modern
		4.3. The Advantages of Athenian-Style Norm Enforcement
			Facilitating Informal Sanctions
			Compensating for Underenforcement of Statutes
			Maintaining the Fiction of a Limited State
	Five: Court Argument and the Shaping of Norms
		5.1. The Courts as Sites for Debating and Shaping Norms
		5.2. Case Studies
			Aeschines, Against Timarchus: Testing the Limits of Noble Pederasty
			Demosthenes’ Against Meidias and Against Conon: Debating Interpersonal Violence
			Lysias’ On the Death of Eratosthenes: Updating the Law on Self-Help
			Lycurgus the Norm Entrepreneur
	Six: Transitional Justice in Athens
		6.1. The Terror
			Accession of the Thirty and Judicial Murder
			The Creation of the 3,000 and Widespread Extrajudicial Killings
			Informers and Citizens’ Arrests
			Involuntary Exile, Massacre at Eleusis, and the Rise of the Democratic Opposition
			Forms of Collaboration
		6.2. “Reconciliation”
			The Terms of the Reconciliation Agreement
			Implementation and Resistance
		6.3. The Role of Legal Institutions in Reconciliation
			Courts and Collective Memory
			Courts and Collective Memory: Discrediting the Oligarchy
			Courts and Collective Memory: Constructing Unity
			Courts and Collective Memory: Praising the Amnesty
			Courts and Accountability
			Participation and Social Repair
Conclusion
Bibliography
Index