Tag Archives: Greek law

A meeting of laws in ancient Egypt

Start screen Synallagma

In December 2009 I started my blog on legal history, and every year I look back in particular to see how far I succeeded in “spanning centuries and continents”, a phrase I used in an early post. The number of gaps and omissions is perhaps not as large anymore as I had feared, but some subjects and themes seem to escape my attention, or they are definitely outside my range. This week I encountered a subject which reminded me how historians can avoid a subject not only for some sound technical reasons, but also like a kind of elephant in the room, very visible but nevertheless almost not to be mentioned. When studying Roman law we long to see its influence everywhere in the Roman world, but there is a state of mind in the Roman world we do not often mention, the awe of the Romans for Greek culture. A redesigned website about contracts in Greek law can perhaps help to put the balance right. Ancient Greek law seldom figures here, another reason to look at this interesting project.

Ancient Greek law

How should one approach ancient Greek law? Even when I did not dare to write about it here I have been aware of the very useful Nomoi portal for this vast subject, hosted at Simon Fraser University, The Digital Classicist Wiki gives you a fair idea of digital projects concerning Classical Antiquity. For the latest news you can often reckon on the marvellous Ancient World Online blog (AWOL) which figured here prominently in a 2016 post about journals for ancient legal history. In a post about inscriptions I did mention projects on the rim of the Roman empire, but in fact all countries around the Mediterranean and in the Near East form the territories of Classical Antiquity. I did not hesitate to mention papyri in that post, too.

In the project in the middle of this contribution a lot of themes come together: Greek law, inscriptions, papyri and Ptolemaic Egypt. The very title of the project Synallagma. Greek Contracts in Context goes with an explicit reference by its creator, Uri Yiftach (Tel Aviv University) to its earlier title, “Greek law in Roman times”, a phrase which indeed suggested Greek law is only a footnote or at its best a lesser relative of Roman law. Synallagma means originally mutual exchange. In the user guide and introduction Yiftach explains the working of this database with some 6,000 legal documents. With twelve fields you are able to filter for your specific search question. In the advanced search mode you can add search fields at will. In the overview of results the locations of documents, mainly in Egypt, take pride of place. Among the strengths of the Synallagma database are not only the references to the main overviews of inscriptions and papyri, but they will even directly link to them. You will see for example an embedded screen with information from Papyri.info, an aggregator of the main papyrological databases. These databases bring you to images, too.

A very useful function is the clauses section which distinguishes the elements of a contract. In the start screen you can select from twelve contract categories. You can set the presentation of search results in various orders. Thus it is easy to ascertain for example the first occurrence of a cheirographon in 247 BCE, and its latest in the eighth century CE, or to filter for contracts with women as one of the parties involved, in 1220 items. The drop down menu for gender includes also a couple, groups and forms of incorporation. Acts of sale dominate with 2820 items, followed by petitions and applications. some 2,500 items, nearly 1,600 lease contracts, and nearly 1,400 loans and deposits. The sum is higher than the total of 6,000 items, and one can readily assume the petitions concern all kind of contracts. There are 420 laws and decrees.

From Greek law to the Roman empire

P.Rain Cent. 166 - image Österreichische Nationalbibliothek, Vienna

P. Rain. Cent. 166 – image Österreichische Nationalbibliothek, Vienna

I was intrigued by the testamentary dispositions (235 items) in the Synallagma database. When I saw two of them stem from Ravenna in the sixth century CE I could not help being greatly interested from the perspective of Roman law. Alas the first, P.Ital.-01-00004-and 5, dated 552-575, and P.Ital. 01-00006 from 575 did not show up correctly at first in Synallagma. At Papyri.info only P.Ital. 1.4-5 (ChLA 17.653) is present. P.Ital I refers to the edition by Jan-Olof Tjäder, Die nichtliterarischen lateinischen Papyri Italiens aus der Zeit 445-700  (Lund 1955). In the Trismegistos database (TM) P. Ital. 1-6 (ChLA 2.714) is recorded as a Latin text in Greek script. ChLA stands for Chartae Latinae Antiquiores, and you can search for items in ChLA using an online database.

Synallagma notes two other documents from Ravenna. The first is P. Rain. Cent. 166 / ChLA 45.1346 = P. Ital I 10 = TM 35870, a Latin act of sale from the sixth or seventh century CE, digitized at Vienna. Another act of sale from 151 CE (SB 6 304, TM 18822) in a papyrus held at Giessen which turns out to be a wax tablet, written in Latin with passages in Greek script. You can read about it online in a study by Hans Georg Gundel, Antiker Kaufvertrag auf einer Wachstafel aus Ravenna (Giessen 1960). Papyri.info has a checklist for the most used editions and their abbreviations. I have on purpose expanded some of these references to papyri, but in fact I left much more out as you can check yourself.

Logo Trismegistos

Recently appeared a volume of essays with the title Ravenna: its role in earlier medieval change and exchange (London 2016), edited by Judith Herrin and Jinty Nelson, now put online in open access by the School of Advanced Study in London. Simon Corcoran contributed an article on ‘Roman law in Ravenna’ (pp. 163-198) and looked also at the evidence of papyri. Trismegistos makes it very clear that many hundred papyri stem from Ravenna, but only 70 are dated later than 400 CE.

One of the few quibbles I have with Synallagma is the absence of a possibility to save your results. No doubt such features are present for those who register with the project, and do not stay content with the guest access I used. You can frown on me for leaving Synallagma so quickly for the lures of papyrological databases, and eventually even for Roman law, but we should admit Synallagma inspires you to check such resources and link them with your own favorite subjects.

As for linking places with objects I cannot help adding here a link to Peripleo, the latest jewel in the crown of the Pelagios initiative. It offers nothing less than an interactive map where you can click on modern and ancient locations to find objects from Classical Antiquity associated with them. Miraculously there is no direct entry for Ravenna, but in one of its supporting resources, the Pleiades gazetteer, it is present, clearly a case of oversight. You might feel sometimes almost sick from manoeuvring from one site to another, but did scholars not use to work with piles of books in front of them to find their way? By patiently combining and comparing information, and as often as possible looking at projects or studies with a very particular search angle such as Synallagma, you can build slowly and cautiously but also consistently. Hopefully such resources will surprise you also every now and then with insights that help you decisively.

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Democracy in ancient Athens

These weeks one of the books I am reading discusses the first democracy. Last year Antoon van Hooff, a scholar who taught at Nijmegen, published Athene. Het leven van de eerste democratie [Athens. The life of the first democracy] (Amsterdam 2011; third impression 2012). Although aimed at a Dutch public, Van Hooff shows not only British scholars know how to write about Classical Antiquity for the largest possible audience. Reading his study I realized it would be interesting to look at new sources and publications on ancient democracy. In this post I am happy to benefit from the riches offered at The Ancient World Online – abbreviated as AWOL – by Charles Jones of the Institute for the Study of the Ancient World (New York University), a blog offering a wealth of information on new projects and publications in this vast field. Here I take the liberty of choosing rather at random postings in 2012 at this veritable treasure trove.

Pioneering democracy

Dēmos: Classical Greek Democracy is a project led by Christopher W. Blackwell which figured at AWOL in March 2012. Van Hooff mentions it in his book, too. This project aims at creating an online encyclopedia about the Athenian democracy. The project website is part of the Stoa Consortium. Among the features are translations of ancient Greeks texts, and notably a series of lectures given at the Center for Hellenic Studies of Harvard University on “Athenian Law in its Democratic Context”. Michael de Brauw contributes a glossary of Athenian legal terms.

In July 2012 Jones published a notice about another project led by Blackwell for a new edition of the papyrus with the so-called Constitution of the Athenians of Aristotle (London, British Museum, Pap. 131). Images of this papyrus can be viewed at a website of the Furman University, Greenville, South Carolina. The accompanying website brings you much more, including the classic commentary by J.E. Sandy and word lists.

Ostrakon with the name of Cimon

Ostrakon with the name of Cimon, 486 or 461 BC – Athens, Ancient Agora Museum

In the ostracism, the procedure to ban people whose power the Athenians wanted to curb, ostraca were used, potsherds with the names of politicians to be banned. These potsherds are among the most visually speaking objects concerning the Athenian democracy. Van Hooff does not fail to tell again the touching story of Aristeides – reported by Plutarch – who helped an opponent to write his name on a ostrakon. In January 2012 AWOL reported briefly on the new Berliner Papyrusdatenbank where you will also find ostraca from the collections of the Staatliche Museen Berlin. In June 2012 Jones wrote about a project of the universities of Halle, Jena and Leipzig for cataloguing and digitizing their papyri and ostraca. Ostraca are found elsewhere, too, not only in Athens. Roger S. Bagnall and Giovanni Raffall have published ostraca from Trimithis, an Egyptian village. At AWOL I found an announcement of the digital version of the edition by Hélène Cuvigny of ostraka found at Didymoi in Egypte.

Greek inscriptions can be found also online in the digital version of the Inscriptiones Graecae and other source editions, a project of the Packhard Humanities Institute. You can find the Inscriptiones Graecae also separately in a digital version provided by the Berlin-Brandenburgische Akademie der Wissenschaften. Ostraca are in particular present in the section Kerameikos III, Inschriften, Ostraka, Fluchtafeln, from the edition by Werner Peek (Berlin 1941; reprint 1974). The website of the Center for the Study of Ancient Documents at Oxford offers an extensive selection of online resources concerning classical epigraphy. At Duke University you will find an online list of editions of papyri, ostraca and tablets. In the section on ostraca and tablets you will find a great variety of texts. I did not immediately spot an edition of ostraka from Athens. Among the editions and studies are Mitteilungen aus dem Kerameikos. I. Ostraka, Alfred Brückner (ed.) (Athens 1915), Ostraka, Mabel L. Lang (ed.) (Princeton N.J., 1990; The Athenian Agora, 25), Stefan Brenne’s study Ostrakismos und Prominenz in Athen: attische Bürger des 5. Jahrhunderts. v. Chr. auf den Ostraka (Vienna 2001), and Ostrakismos-Testimonien, I: Die Zeugnisse antiker Autoren, der Inschriften und Ostraka über das athenische Scherbengericht aus vorhellenistischer Zeit, 487-322 v. Chr., Peter Siewert et alii (eds.) (Stuttgart 2002). Van Hooff remarks that ostracism was exercised in Athens only fifteen times between 487 and 417.

Imagining ancient Athens is made easier by a new virtual tour of the Acropolis, a website announced at AWOL on November 1, 2012. In his announcement Jones point also to the information about the geography of ancient Athens gathered at Pleaides, a website of his own institute and the Ancient World Mapping Center (University of North Carolina at Chapel Hill).

Digital Antiquity

A lot of websites and blogs cover current research in the field of Classical Antiquity. The Digital Classicist is one of these blogs, which will lead you to several partner projects. For the congress calender of this blog I can find information for ancient history at websites such as Ius Civile and Compitum. In fact the versatile use of information technology in many forms should gain your admiration for the perseverance and great creativity of scholars studying ancient societies. Those scholars devoting also time to creating attention for such inventive projects on their blogs merit our gratitude for their efforts! In this short post I have only shown a few examples of much more which you can discover and enjoy for yourself and others. Even finding your road and choosing the means of transportation in Classical Antiquity is not forgotten. The ORBIS website of Stanford University will help you gaining insight into aspects of daily life which have relevance for legal history, too.

As for reading about the Athenian democracy, Van Hooff rightly reminds his readers that exactly this particular form of democracy has not always inspired modern Western democracies. One of the merits of revisiting familiar stamping grounds is to get more conscious of the different possible approaches to the Classics during the centuries. The twentieth century saw a number of shifts in attention and perspectives. Two decades ago appeared Christian Meier’s Athen. Ein Neubeginn der Weltgeschichte [Athens. A new start of the world’s history] (Berlin 1993). Classical Antiquity still has the power to be a mirror for contemporary society, and this is surely not restricted to works by British or American scholars.

A new forum on ancient Greek law

Logo of the DEGRIAC Forum

This week I received information from Emiliano J. Buis (Buenos Aires) about a new platform for the study of ancient Greek law, the Grupo de Trabajo sobre Derecho Griego Arcaico y Clásico y sus Proyecciones, abbreviated DEGRIAC. The new platform for the study of archaic and classical Greek law and its influence has been launched by the Instituto de Investigaciones en Historia del Derecho, the National Research Institute on Legal History in the capital of Argentina. The objective of this research group is to study ancient Greek law in its original sources and their impact from several disciplines. Buis teaches both at the law faculty and the Department of Classics of the Universidad de Buenos Aires. Theoretical aspects will get attention, too, in view of the historiography on ancient Greek law. One of the aims is to look at the laws of ancient Greek city states in a diachronic way and to study the tensions between aiming at justice and actual juridical practice in Athens and other cities. The DEGRIAC group invites scholars to participate, but first of all ideas, suggestions and help are welcome. You can reach Emiliano Buis in his function of coordinator at the mail address degriac@gmail.com. Good luck to this initiative from Argentina!