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Scaife, edd.</name></authority>			</publicationStmt>			<seriesStmt>				<title>D&#275;mos: Classical Athenian Democracy</title>				<respStmt>					<resp>						<persName>C.W. Blackwell, ed.</persName>					</resp>				</respStmt>			</seriesStmt>			<sourceDesc>				<p>File created electronically.</p>			</sourceDesc>		</fileDesc><encodingDesc> <refsDecl>		<p></p> </refsDecl></encodingDesc><profileDesc><langUsage><language id="en">English</language><language id="la">Latin</language><language id="grc">Greek</language></langUsage></profileDesc><revisionDesc>	<change>		<date>March 16, 2003</date>		<respStmt>			<name>Christopher W. Blackwell</name>			<resp>Initial xml markup for Demos</resp>		</respStmt>		<item>Initial XML markup</item>	</change></revisionDesc></teiHeader><text lang="en"><body><div0 type="Summary" id="summary" n="summary"><head>Summary</head><p>This glossary consists of excerpts from <bibl primary="NO">S.C. Todd, <soCalled>Glossary,</soCalled> in P.A. Cartledge <term>et al.</term>, <title>Nomos: Essays Athenian law, politics and society</title> (Cambridge, 1990)</bibl>, selected by Michael de Brauw (University of Texas at Austin). Todd&#8217;s complete glossary (with some changes) also appears in <bibl primary="NO"><title>The Shape of Athenian Law</title> (Oxford, 1993)</bibl>. This excerpted selection was first published electronically as part of the online discussion series <soCalled>Athenian Law in its Democratic Context,</soCalled> organized by Adriaan Lanni and sponsored by Harvard University&#8217;s <xref type="url" n="http://chs.harvard.edu">Center for Hellenic Studies</xref>.</p></div0><div0 type="section" id="agoranomos" n="agoranomos"><head>agoranomos</head><p><emph>agoranomos</emph>, <term>agoranomoi</term> &#183; Lit. <soCalled><name type="site" n="agora">agora</name>-regulator(s)</soCalled>: public officials attested in a large number of Greek <term>poleis</term>; their duties consisted of supervising the commercial aspects of the <name type="site" n="agora">agora</name>.</p><p>Greek: <foreign lang="grc">a)gorano/mos, a)gorano/moi</foreign>.</p></div0><div0 type="section" id="aidesis" n="aidesis"><head>aidesis</head><p><emph>aidesis</emph> &#183; Because homicide in Athenian law was a matter for private prosecution, the relatives of the dead man, as prosecutors, were under certain circumstances permitted or expected to grant pardon (<term>aidesis</term>) to his killer. Once this had been done, the killer was immune from further prosecution. (The derivation of the term is unclear: it is certainly connected with the verb <term>aideomai</term> <soCalled>to feel shame, awe or respect;</soCalled> <bibl primary="NO" n="LSJ"><term>LSJ</term></bibl> notes that the verb can be used to mean <soCalled>to respect another&#8217;s misfortune</soCalled> and thus <soCalled>to be reconciled to him;</soCalled> but unlike English <soCalled>reconciliation,</soCalled> <term>aidesis</term> is only used to denote the action of the wronged party.) </p><p>Greek: <foreign lang="grc">ai)/desis</foreign>.</p></div0><div0 type="section" id="anakrisis" n="anakrisis"><head>anakrisis</head><p><emph>anakrisis</emph> &#183; A preliminary hearing before the public official within whose court a case will later be heard (for the role of the presiding official within a lawcourt, see sv. <xref type="xref" n="law_glossary@arkhon"><term>arkhon</term></xref>). Lit., <soCalled>examination,</soCalled> but it should not be equated with the inquisitorial instruction of civil-law systems: an Athenian public official had very restricted discretion; and unlike an arbitrator (see sv. <xref type="xref" n="law_glossary@diaitetes"><term>diaitetes</term></xref>), his function was not to settle the case. </p><p>Greek: <foreign lang="grc">a)na/krisis</foreign>.</p></div0><div0 type="section" id="antidosis" n="antidosis"><head>antidosis</head><p><emph>antidosis</emph> &#183; Lit. <soCalled>a giving in exchange.</soCalled> A man who was nominated to perform a liturgy could avoid this duty if he could name another citizen who was richer and better qualified to perform the task. If the man challenged agreed that he was richer, he had to take over the liturgy; if he claimed to be poorer, then the challenger could insist on an exchange of all their property to test the claim&#8212;in which case the challenger would himself perform the liturgy as the new owner of the (putatively) greater estate. This process of exchange was called <term>antidosis</term>. The advantage of the system from the viewpoint of the democracy was that it encouraged the rich to be suspicious of each other, instead of being hostile towards the state; but although we know of several challenges, there is no attested case in which the exchange was completed. </p><p>Greek: <foreign lang="grc">a)nti/dosis</foreign>.</p></div0><div0 type="section" id="apagoge" n="apagoge"><head>apagoge</head><p><emph>apagoge</emph>, pl. <term>apagogai</term> &#183; Lit. <soCalled>dragging away,</soCalled> i.e., to the appropriate magistrate. Summary arrest was permitted against certain categories of criminal, such as thieves and highwaymen, if they were caught <term>ep&#8217; autophori</term>&#8212;red handed. If the accused admitted his guilt before the magistrate he was promptly executed; only if he claimed to be innocent was he put on trial. See also sv. <xref type="xref" n="law_glossary@ephegesis"><term>ephegesis</term></xref>.</p><p>Greek: <foreign lang="grc">a)pagwgh/</foreign>.</p></div0><div0 type="section" id="apographe" n="apographe"><head>apographe</head><p><emph>apographe</emph> &#183; Lit. <soCalled>a (written) list</soCalled>: a catalogue of some or all of the property of a man in debt to the state. The state took no initiative in the confiscation of property: this was left either to private individuals or else, it appears, to local deme&#8217;s officials. The term <term>apographe</term> is used to describe the list itself, the process of denunciation, and any judicial hearing arising out of the case. See also sv. <xref type="xref" n="law_glossary@phasis"><term>phasis</term></xref>. </p><p>Greek: <foreign lang="grc">a)pografh/</foreign>.</p></div0><div0 type="section" id="apophasis" n="apophasis"><head>apophasis</head><p><emph>apophasis</emph> &#183; Lit. <soCalled>a showing forth, declaration.</soCalled> A procedure newly instituted around the middle of the <dateRange from="-399" to="-300">fourth century</dateRange>: either on the invitation of the <xref type="xref" n="assembly">ekklesia</xref> or on its own initiative, the <xref type="xref" n="areopagus">Areiopagos</xref> could investigate any matter involving public security and present a report (<term>apophasis</term>) to the <xref type="xref" n="assembly">ekklesia</xref>, recommending particular action, for instance the prosecution of a named individual. (<xref type="xref" n="apophasis">Apophasis is the subject of a Demos article</xref>.) </p><p>Greek: <foreign lang="grc">a)po/fasis</foreign>.</p></div0><div0 type="section" id="apragmon" n="apragmon"><head>apragmon</head><p><emph>apragmon</emph>, pl. <term>apragmones</term> (adj.); <term>apragmosune</term> (abstract noun) &#183; Lit. <soCalled>one who does not conduct business</soCalled>: a person who refrains from taking part in public affairs. It can be either a positive or a negative characteristic, depending on the attitude of the speaker (<soCalled>philosophical contemplation</soCalled> or <soCalled>political irresponsibility</soCalled>). For the opposite characteristic, see sv. <xref type="xref" n="law_glossary@polupragmon"><term>polupragmon</term></xref>.</p><p>Greek: <foreign lang="grc">a)pra/gmwn, a)pra/gmones; a)pragmosu/nh</foreign>.</p></div0><div0 type="section" id="areiopagos" n="areiopagos"><head>Areiopagos</head><p><emph><xref type="xref" n="areopagus">Areiopagos</xref></emph> &#183; The ancient and originally aristocratic council of <placeName key="Athens">Athens</placeName>; its membership comprised those who had completed a term as one of the nine <xref type="xref" n="archons">archons</xref>. Its powers had been severely restricted by the democratic reforms of <name type="person">Ephialtes</name> in the <dateRange from="-469" to="-460">460s BCE</dateRange>, which left it as little more than the main court for cases of homicide; in the <dateRange from="-399" to="-300">fourth century</dateRange> however other powers were added, most notably <xref type="xref" n="apophasis">apophasis</xref>.</p><p>Greek: <foreign lang="grc">*)/areios pa/gos; *)/areos pa/gos</foreign>.</p></div0><div0 type="section" id="arkhon" n="arkhon"><head>arkhon</head><p><emph>arkhon</emph>, pl. <term>arkhontes</term> (participle acting as a noun), Eng. <xref type="xref" n="archons">archon</xref> or arkhon &#183; Lit. <soCalled>one who is in authority.</soCalled> Used in three senses: loosely, to refer to any Athenian public official; more strictly (usually a collective plural) to describe the <soCalled><xref type="xref" n="archons">nine arkhons</xref></soCalled>; specifically, as the title of the senior of the <xref type="xref" n="archons">nine arkhonships</xref>. These were still the titular chief magistrates of <placeName key="Athens">Athens</placeName>, but their real authority had been severely restricted ever since they began to be appointed by lot, apparently in the <dateRange from="-489" to="-480">480s</dateRange>. They retained however an honorific position, particularly in the administration of justice: or instance, former <xref type="xref" n="archons">arkhons</xref> became members of the <xref type="xref" n="areopagus">Areiopagos</xref> for life; and during their year of office they processed the litigation presented to the most important of the <term><xref type="xref" n="lawcourts">dikasteria</xref></term>, and presided over trials held there, although in this capacity they were by now little more than non-voting (and non-speaking) chairmen. The three senior <xref type="xref" n="archons">arkhons</xref> each had a specific title and competence: the <term>arkhon</term> (the eponymous official of <placeName key="Athens">Athens</placeName> who gave his name to the civil year) heard cases involving family and inheritance matters of citizens; the <term>arkhon basileus</term> (lit. <soCalled>king arkhon</soCalled>) presided over religious matters, including sacrilege and homicide; the <term>polemarkhos</term> (lit. <soCalled>war arkhon,</soCalled> but by now all his military functions had been handed over to the <term>strategoi</term>) dealt with family and inheritance cases involving metics and apparently cases involving certain other privileged foreigners also. The other six arkhons were called <term>thesmothetai</term> (sing. <term>thesmothetes</term>: originally perhaps <soCalled>establisher of judgements</soCalled> rather than <soCalled>maker of laws</soCalled>); they heard those public cases, and perhaps also some private ones, which did not fall within the competence of the three senior arkhons or of other named officials. </p><p>Greek: <foreign lang="grc">a)/rxwn, a)/rxontes</foreign>.</p></div0><div0 type="section" id="astunomos" n="astunomos"><head>astunomos</head><p><emph>astunomos</emph>, pl. <term>astunomoi</term> &#183; Lit. <soCalled>one who regulates (affairs within) the <term>astu</term> (the built-up area of <placeName key="Athens">Athens</placeName>).</soCalled> A board of public officials charged with the general supervisory duties which we associate with the police. Unlike the police, however, they did not undertake the investigation of crime. Nor were they much concerned with the arrest or punishment of accused or convicted criminals: this role was played by the <xref type="xref" n="law_glossary@eleven">Eleven</xref>. </p><p>Greek: <foreign lang="grc">a)stuno/mos, a)stuno/moi</foreign>.</p></div0><div0 type="section" id="atimia" n="atimia"><head>atimia</head><p><emph>atimia</emph> (abstract noun) &#183; Lit. <soCalled>loss of <term>time</term>, honour.</soCalled> In early archaic <placeName key="Athens">Athens</placeName>, <term>atimia</term> seems to have meant outlawry, the total deprivation of all rights, such that a citizen could kill an <term>atimos</term> (pl. <term>atimoi</term>: person suffering from <term>atimia</term>) without committing an offence or apparently incurring blood-guilt. Well before the classical period, however, <term>atimia</term> had already been restricted in its scope to mean the loss of some or all of a man&#8217;s active rights as a citizen. Such <term>atimia</term> could be partial or total; it could be imposed permanently by a court, or it could be the (theoretically) temporary result of an unpaid debt to the state, a condition which would automatically terminate if the debt were ever paid off. A man subject to total <term>atimia</term> could not appear in certain public places, could not take part in public life, and could not appear in court. If he broke any of these bans, he was liable to <xref type="xref" n="law_glossary@apagoge"><term>apagoge</term></xref> and death. But he did retain his private rights as a citizen: to kill him would be murder; he was not formally exiled; and he continued to own his property&#8212;though his lack of the capacity to sue may have made it difficult procedurally to defend these rights, and many may have found life under such restrictions so intolerable that voluntary exile seemed preferable. A man subject to partial <term>atimia</term> lost either a particular right or rights, or else the power to exercise his rights in a particular situation: for instance, the ability to bring certain types of prosecution. </p><p>Greek: <foreign lang="grc">a)timi/a</foreign> (loss of <foreign lang="grc">timh/</foreign>).</p></div0><div0 type="section" id="basileus" n="basileus"><head>basileus</head><p><emph>basileus</emph> See sv. arkhon.</p><p>Greek: <foreign lang="grc">basileu/s</foreign>.</p></div0><div0 type="section" id="boule" n="boule"><head>boule</head><p><emph>boule</emph> &#183; Lit. <soCalled><xref type="xref" n="council">council</xref>.</soCalled> The democratic <xref type="xref" n="council">council</xref> of 500 men, appointed annually by lot from among citizens aged at least thirty, and with severe restrictions on repeated membership. Its chief function was to prepare the agenda for meetings of the <xref type="xref" n="assembly"><term>ekklesia</term></xref>, and to undertake certain routine administrative duties, in particular that of co-ordinating the activities of numerous boards of minor officials; but it had also certain independent judicial powers, mainly but not only in cases of limited importance: in some cases of <xref type="xref" n="law_glossary@eisangelia"><term>eisangelia</term></xref>, the <term>boule</term> could decide whether to refer the trial to the <xref type="xref" n="assembly">ekklesia</xref> or to a <term>dikasterion</term>.</p><p>Greek: <foreign lang="grc">boulh/</foreign>.</p></div0><div0 type="section" id="boulomenos" n="boulomenos"><head>(ho) boulomenos</head><p><emph>(ho) boulomenos</emph> &#183; Lit. <soCalled>anyone who wishes.</soCalled> Whereas prosecution in a <term><xref type="xref" n="law_glossary@dike">dike</xref></term> could only be brought by the aggrieved party, in a <xref type="xref" n="law_glossary@graphe">graphe</xref> or other public case it could be brought by any qualified person (which normally meant any Athenian citizen who was not himself <xref type="xref" n="law_glossary@atimia"><term>atimos</term></xref>). </p><p>Greek: <foreign lang="grc">o( boulo/menos</foreign>.</p></div0><div0 type="section" id="diadikasia" n="diadikasia"><head>diadikasia</head><p><emph>diadikasia</emph> &#183; Lit. <soCalled>judgement (contested) between</soCalled>: a dispute between two people who each claim the same thing, in particular a contested inheritance. </p><p>Greek: <foreign lang="grc">diadikasi/a</foreign>.</p></div0><div0 type="section" id="diaitetes" n="diaitetes"><head>diaitetes</head><p><emph>diaitetes</emph>, pl. <term>diaitetai</term> &#183; An arbitrator. Throughout the history of Athenian law, it had always been open for litigants to arrange arbitration (<term>diaita</term>) on a private basis: in theory, the decision of a private arbitrator was binding, presumably because the litigants had voluntarily contracted to accept it. There was also, however, a system of public arbitration, introduced <date value="-400">c. 400 BCE</date>: every hoplite (or possibly every citizen), in the year that he ceased to be eligible for military service at the age of 59, had to serve as public arbitrator; and every <xref type="xref" n="law_glossary@dike">dike</xref> (private dispute) was allocated by lot to one of them for an attempt at preliminary resolution. In such cases arbitration was compulsory (litigants were obliged to attend) but it was not binding (a dissatisfied litigant could refuse to accept the verdict: see sv. <xref type="xref" n="law_glossary@ephesis"><term>ephesis</term></xref>). According to <name type="ancientAuthor">Aristotle</name>, the job of the arbitrator (private or public) is unlike that of the <term>dikastes</term> in several respects: he should try to reconcile the parties before imposing a solution; he has the discretion to bring in a decision mid-way between the demands of the litigants; and in his judgement he should look to epieikeia (<soCalled>equity,</soCalled> but see further sv. <xref type="xref" n="law_glossary@epieikeia"><term>epieikeia</term></xref>) rather than to <xref type="xref" n="law_glossary@dike">dike</xref> (<soCalled>justice</soCalled>). </p><p>Greek: <foreign lang="grc">diaithth/s, diaithtai/</foreign>.</p></div0><div0 type="section" id="diamarturia" n="diamarturia"><head>diamarturia</head><p><emph>diamarturia</emph> &#183; A formal presentation of a witness (<term>martus</term>) whose evidence serves to compel the public official before whom it is presented either to act in a certain way, or (more commonly) to desist from so acting. As a result of the introduction of <xref type="xref" n="law_glossary@paragraphe"><term>paragraphe</term></xref> around <date value="-400">400</date> BCE, the scope of <term>diamarturia</term> was soon rapidly restricted: after <date value="-380">380</date> BCE, its only attested use is in inheritance cases, where a legitimate son could have a claim by a more remote relative quashed on the grounds that the case was not actionable; to re-open the case, the rival claimant would have successfully to prosecute the witness by <xref type="xref" n="law_glossary@pseudomarturion"><term>dike pseudomarturion</term></xref>.</p><p>Greek: <foreign lang="grc">diamarturi/a</foreign>.</p></div0><div0 type="section" id="dike" n="dike"><head>dike</head><p><emph>dike</emph>, pl. <term>dikai</term> &#183; A concept of wide scope: <soCalled>justice,</soCalled> <soCalled>good order,</soCalled> <soCalled>judgement.</soCalled> But it can also refer to the process by which a just settlement is determined, thus <soCalled>a lawsuit,</soCalled> <soCalled>a trial,</soCalled> and even <soCalled>the case which one pleads</soCalled> or <soCalled>the penalty which one has to pay.</soCalled> In the sence of <soCalled>lawsuit,</soCalled> <term>dike</term> can be used either generically, to refer to any type of indictment, or else (more commonly) in a semi-technical sense, to denote the older <soCalled>private suit</soCalled> (which only the aggrieved party or his immediate or his immediate personal representatives could bring) as opposed to the newer <soCalled>public suit</soCalled> (<xref type="xref" n="law_glossary@graphe"><term>graphe</term></xref>), which could be brought by any citizen in good standing; it should however be noted that the category of public procedure was broader than that of <xref type="xref" n="law_glossary@graphe"><term>graphe</term></xref>, and included a number of extraordinary procedures which were not themselves <term>graphai</term>, see for instance svv. <xref type="xref" n="law_glossary@apagoge"><term>apagoge</term></xref>, <xref type="xref" n="law_glossary@apophasis"><term>apophasis</term></xref>, <xref type="xref" n="law_glossary@eisangelia"><term>eisangelia</term></xref>, <xref type="xref" n="law_glossary@euthunai"><term>euthunai</term></xref>, <xref type="xref" n="law_glossary@phasis"><term>phasis</term></xref>.</p><p>Greek: <foreign lang="grc">di/kh, di/kai</foreign>.</p><p>Note: It seems that these indictments in Athenian law were only allowed if use of the dike or <xref type="xref" n="law_glossary@graphe"><term>graphe</term></xref> procedure against a particular offence was authorised by statute; whether the defendant&#8217;s alleged behavior fell within the terms of this offence could of course be a matter for debate. An indictment was normally described as a dike (or <xref type="xref" n="law_glossary@graphe"><term>graphe</term></xref>, as appropriate), qualified by the name of the offence, usually in the genitive case: thus <term>graphe hubreos</term>, a public indictment for <term>hubris</term>. </p></div0><div0 type="section" id="diomosia" n="diomosia"><head>diomosia</head><p><emph>diomosia</emph> &#183; A special oath taken in cases of homicide: in all other cases the litigants alone swore the <term>antimosia</term> (lit. <soCalled>oath [of two people] against each other</soCalled>); in homicide cases all the witnesses had to join in the oath of their principals, which was for this reason known as the <term>diomosia</term> (lit. <soCalled>oath between [more than two people]</soCalled>). </p><p>Greek: <foreign lang="grc">diwmosi/a</foreign>.</p></div0><div0 type="section" id="dokimasia" n="dokimasia"><head>dokimasia</head><p><emph>dokimasia</emph>, pl. <term>dokimasiai</term> &#183; An investigation held either by the <xref type="xref" n="council"><term>boule</term></xref> or in a court, to test whether a man was formally qualified either to hold the public office to which he had been appointed or else to exercise a privilege to which he was laying claim. <term>Dokimasiai</term> were of various types, and were for the most part held in advance: no public official, whether elected or appointed by lot, could hold office without having passed his <term>dokimasia</term>; and newly enrolled citizens, whether by birth or by naturalisation (uncommon), were among those similarly tested. In these cases a man who was rejected suffered disqualification but no further penalty; a public speaker however (see sv. <xref type="xref" n="law_glossary@rhetor"><term>rhetor</term></xref>) could be challenged to undergo a retroactive <term>dokimasia</term> before a court, and this had more of the nature of a regular trial, in that if convicted he would apparently be punished. </p><p>Greek: <foreign lang="grc">dokimasi/a, dokimasi/ai</foreign>.</p></div0><div0 type="section" id="eisangelia" n="eisangelia"><head>eisangelia</head><p><emph>eisangelia</emph>, pl. <term>eisangeliai</term> &#183; Lit. <soCalled>public announcement, laying of information</soCalled>: a form of public indictment broadly corresponding to impeachment in the USA. It was available for use against any public official during or after his term of office (he would normally be suspended from office for the duration of the trial) or against any political leader who had made a public proposal. It seems that the case could be brought either directly to the <xref type="xref" n="assembly"><term>ekklesia</term></xref> or else to the <xref type="xref" n="council"><term>boule</term></xref>, and that the final hearing would take place either before the <xref type="xref" n="assembly"><term>ekklesia</term></xref> or (more commonly, and in every known case after <date value="-360">360</date> B.C.) before a <term><xref type="xref" n="lawcourt">dikasterion</xref></term>.</p><p>Greek: <foreign lang="grc">ei)saggeli/a, ei)saggeli/ai</foreign>.</p></div0><div0 type="section" id="ekdosis" n="ekdosis"><head>ekdosis</head><p><emph>ekdosis</emph> &#183; Lit. <soCalled>giving forth</soCalled>: the ceremony at which the <term><xref type="xref" n="law_glossary@kurios">kurios</xref></term> of a betrothed bride gave her into the hand of her new husband. Marriage in Athenian law took one of two forms, either by <term><xref type="xref" n="law_glossary@engue">engue</xref></term> and <term><xref type="xref" n="law_glossary@ekdosis">ekdosis</xref></term> or else (if a man died leaving his daughter with no <term><xref type="xref" n="law_glossary@kurios">kurios</xref></term> to give her away, and no heir to his property) by the <term>epidikasia</term> of the <term>epikleros</term>.</p><p>Greek: <foreign lang="grc">e)/kdosis</foreign>.</p></div0><div0 type="section" id="ekklesia" n="ekklesia"><head>ekklesia</head><p><emph><xref type="xref" n="assembly">ekklesia</xref></emph> &#183; The public <xref type="xref" n="assembly">assembly</xref> of <placeName key="Athens">Athens</placeName>, held usually on the <name type="site" n="Pnyx">Pnyx</name>, at which all adult male citizens were formally entitled to attend, vote, and speak. </p><p>Greek: <foreign lang="grc">e)kklhsi/a</foreign>.</p></div0><div0 type="section" id="eleven" n="eleven"><head>(the) Eleven</head><p><emph>(the) Eleven</emph>; Gk. <term>hoi hendeka</term> &#183; A board of public officials responsible for the state prison of <placeName key="Athens">Athens</placeName>. The majority of <xref type="xref" n="law_glossary@apagoge"><term>apagogai</term></xref> were brought before them, and they were in charge of all executions. </p><p>Greek: <foreign lang="grc">oi( *(/endeka</foreign>.</p></div0><div0 type="section" id="emporike" n="emporike"><head>emporike</head><p><emph>emporike</emph> <term>dike.</term>, pl. <term>emporikai dikai</term> &#183; A case involving <term>emporoi</term>, traders who import goods (especially the extra grain which was needed to feed the population of <placeName key="Attica">Attica</placeName>). Because of the urgency of the trade, such cases had rapid and privileged access to the courts; but it is not clear whether the term <term>emmenos</term>, commonly used to describe them, should be interpreted to mean that the case must be completed within a month (the traditional view), or (as has recently been argued) that there was an opportunity every month to initiate such cases; it is uncertain also whether such litigation could take place only during the summer months or only during the winter months. It is possible that other special rules may have applied in these cases. </p><p>Greek: <foreign lang="grc">e)mporikh\ di/kh, e)mporikai\ di/kai</foreign>.</p></div0><div0 type="section" id="endeixis" n="endeixis"><head>endeixis</head><p><emph>endeixis</emph>, pl. <term>endeixeis</term> &#183; A procedure closely related to <xref type="xref" n="law_glossary@apagoge"><term>apagoge</term></xref>. The precise significance of the term is disputed: traditionally it was thought to be a denunciation made before a public official who would then himself arrest the culprit; but it may instead have been used by the plaintiff in some cases as a voluntary preliminary to <xref type="xref" n="law_glossary@apagoge"><term>apagoge</term></xref>.</p><p>Greek: <foreign lang="grc">e)/ndeicis, e)ndei/ceis</foreign>.</p></div0><div0 type="section" id="engue" n="engue"><head>engue</head><p><emph>engue</emph>, pl. <term>enguai</term>; <term>enguetes</term> &#183; A surety: the <term>engue</term> is the thing which is pledged as security, and the <term>enguetes</term> the person who pledges or commits himself as a pledge. Such sureties were used in a range of legal contexts: to guarantee the payment of a fine or the appearance of a defendant (particularly a foreigner) in court; and as a deposit payable to those who contracted from the state the right to collect taxes or to operate mining concessions. But the most notable use of <term>engue</term> was as the necessary prelude to <term><xref type="xref" n="law_glossary@ekdosis">ekdosis</xref></term> in the regular Athenian form of marriage, corresponding to (but much stronger than) the modern engagement. </p><p>Greek: <foreign lang="grc">e)ggu/h, e)ggu/ai; e)gguhth/s</foreign>.</p></div0><div0 type="section" id="ephesis" n="ephesis"><head>ephesis</head><p><emph>ephesis</emph> &#183; Refusal to accept the decision of an official or a court of first instance, combined with a demand for the dispute to be resolved by a higher authority. For instance, <name type="person">Solon</name> in the <dateRange from="-599" to="-590">590s</dateRange> is said to have introduced <soCalled>ephesis to the dikasterion</soCalled> as a curb on the summary jurisdiction of public officials; and from their introduction in c. <date value="-400">400</date> B.C., the decisions of public arbitrators were similarly subject to <term>ephesis</term>. <term>Ephesis</term> is traditionally translated <soCalled>appeal,</soCalled> but this can have misleading connotations. An appeal in English law is brought on the initiative of a dissatisfied litigant (in criminal cases, a convicted defendant) after the court of first instance has decided against him/her; it is his/her duty to persuade the appellate court to reverse the decision, and s/he becomes in a sense the plaintiff in the process. In <placeName key="Athens">Athens</placeName>, there were at least some situations in which <term>ephesis</term> could take place before the lower authority had reached a decision; it was the duty of the original plaintiff, not of the dissatisfied litigant, to persuade the court to act (that it, the court was retrying the case from scratch and not reviewing a decision already made); and it is possible that in the case of Solonian <term>ephesis</term>, this referral was automatic and did not depend on an initiative taken by one of the two litigants. </p><p>Greek: <foreign lang="grc">e)/fesis</foreign>.</p></div0><div0 type="section" id="epieikeia" n="epieikeia"><head>epieikeia</head><p><emph>epieikeia</emph> &#183; <name type="ancientAuthor">Aristotle</name> says that it is the function of the <term>dikastes</term> (juror/judge) to judge according to <term><xref type="xref" n="law_glossary@dike">dike</xref></term> (<soCalled>justice</soCalled>), but that the <term><xref type="xref" n="law_glossary@diaitetes">diaitetes</xref></term> (arbitrator) should make his decision according to <term>epieikeia</term>. It is conventional therefore to translate <term>epieikeia</term> as <soCalled>equity,</soCalled> since this is a standard and convenient way to describe <soCalled>fairness</soCalled> or <soCalled>natural justice</soCalled> as opposed to the strict application of legal rules. There are however certain problems here. <soCalled>Equity</soCalled> in English law can mean simply <soCalled>fairness,</soCalled> but it is also the name given to the system of law developed originally by the Court of Chancery (the Lord Chancellor&#8217;s court), to provide relief in cases where to apply the rules of the common law would have seemed manifestly unfair. <soCalled>Equity</soCalled> in this sense is itself a body of rules; it is found only in countries which base their legal system on the common law; and it is clearly not what <name type="ancientAuthor">Aristotle</name> is talking about. It should indeed be noted that <name type="ancientAuthor">Aristotle</name>&#8217;s statement of theory receives little acknowledgment in Athenian practice: when a litigant in an extant speech pleads for the application of natural justice in his favour, he characteristically describes this as <term><xref type="xref" n="law_glossary@dike">dike</xref></term> and not as <term>epieikeia</term>.</p><p>Greek: <foreign lang="grc">e)piei/keia</foreign>.</p></div0><div0 type="section" id="epikleros" n="epikleros"><head>epikleros</head><p><emph>epikleros</emph> (fem. adj. acting as noun), <term>epiklerote</term> (abstract noun) &#183; An <term>epikleros</term> was the daughter of a man who died leaving no male heir; she was not his heiress, but possession of his estate went together with her hand in marriage. This system of inheritance is described as the <term>epiklerate</term>: for further details, see sv. inheritance; and for comparison, see sv. <xref type="xref" n="law_glossary@engue"><term>engue</term></xref> and sv. <xref type="xref" n="law_glossary@ekdosis"><term>ekdosis</term></xref>. (The etymology of <term>epikleros</term> is unclear: it may possibly mean <soCalled>one to whom the property pertains,</soCalled> but more likely is <soCalled>one who pertains to the property.</soCalled>) </p><p>Greek: <foreign lang="grc">e)pi/klhros, e)pilkhrw/th</foreign>.</p></div0><div0 type="section" id="euthune" n="euthune"><head>euthune</head><p><emph>euthune</emph>, normally pl. <term>euthunai</term> &#183; Lit. <soCalled>the action of setting straight.</soCalled> Every public official at <placeName key="Athens">Athens</placeName> had to undergo at the end of his term an examination of his conduct in office. If he had handled public money, he had to present his accounts (<term>logoi</term>, pl.); in all cases he had to seek approval of the way he had used his powers (<term>euthunai</term> properly so called, but the term <term>euthunai</term> came also to be applied to the whole process of audit, <term>logoi</term> included). The examination was conducted by boards of <term>logistai</term> (pl.) and <term>euthunoi</term> (pl.), as appropriate; but any private citizen could bring a charge at any stage during the proceedings. </p><p>Greek: <foreign lang="grc">eu)qu/nh, eu)/qunai</foreign>.</p></div0><div0 type="section" id="exegetes" n="exegetes"><head>exegetes</head><p><emph>exegetes</emph>, pl. <term>exegetai</term> &#183; Lit. <soCalled>interpreter.</soCalled> A group of officials who expound the proper procedure in situations which raise unusual questions of religious law. Their activity is attested in several cases, all of homicide; and in each case they are responding to an inquiry by an individual by an individual rather than as expert witnesses before a court. In one case they offer also to advise a litigant, implying that this was something more than their regular function of interpreting the law. </p><p>Greek: <foreign lang="grc">e)chghth/s, e)chghtai/</foreign>.</p></div0><div0 type="section" id="graphe" n="graphe"><head>graphe</head><p><emph>graphe</emph>, pl. <term>graphai</term> &#183; Lit. <soCalled>a writing</soCalled>; hence, <soCalled>a written indictment,</soCalled> cf. Eng. <soCalled>writ.</soCalled> This was the name given to the new <soCalled>public</soCalled> form of ordinary prosecution introduced apparently by <name type="person">Solon</name> in the <dateRange from="-599" to="-590">590s</dateRange>. Its characteristic was that the indictment could be brought by any qualified citizen (<term><xref type="xref" n="law_glossary@boulomenos">ho boulomenos</xref></term>), whereas the older <term><xref type="xref" n="law_glossary@dike">dike</xref></term> procedure could be brought only by the injured party. <term>Graphai</term> and other public procedures appear to have given rise to higher penalties, and thus to have rewarded a successful plaintiff much more heavily than did <term>dikai</term>; but they were also considerably more risky: a plaintiff in a public suit who failed to obtain 20 per cent of the votes of the jury could expect to suffer a heavy fine and possibly also other penalties (e.g. at least partial <term><xref type="xref" n="law_glossary@atimia">atimia</xref></term>). </p><p>Greek: <foreign lang="grc">grafh/, grafai/</foreign>.</p></div0><div0 type="section" id="klepsudra" n="klepsudra"><head>klepsudra</head><p><emph>klepsudra</emph> &#183; Lt. <soCalled>water-stealer.</soCalled> A water-clock, used to regulate the length of the proceedings in legal cases. It consisted of a bowl of water with a small hole near the base, such that the hole could be stopped or opened as desired: normally two such bowls were used, the one being allowed to empty its contents into the other, and then vice versa, to measure the passage of time. In any category of case, a set number of bowls-full was allocated to each speaker, but the flow of water was stopped for the reading of laws and the testimony of witness. </p><p>Greek: <foreign lang="grc">kleyu/dra</foreign>.</p></div0><div0 type="section" id="kurios" n="kurios"><head>kurios</head><p><emph>kurios</emph> &#183; Lit. <soCalled>master,</soCalled> <soCalled>lord,</soCalled> or in certain contexts <soCalled>sovereign.</soCalled> An Athenian woman had to be represented in legal transactions by a male relative, who was described as her <term>kurios</term>: in the case of an unmarried girl or widow who had returned to the house of her family, this would normally be her father or (failing him) her brother or paternal uncle, but it could even be her adult son. A married woman was represented by her husband, but it appears that her agnatic <term>kurios</term> did retain certain rights: for instance, the reversion of her dowry. Confusingly, the term <term>kurios</term> was also used to denote the owner of property or the master of a household, and there are contexts in which the two uses might conflict: a married son, for instance, would be <term>kurios</term> of his wife; but his father may still be <term>kurios</term> of his household. </p><p>Greek: <foreign lang="grc">ku/rios</foreign>.</p></div0><div0 type="section" id="logographos" n="logographos"><head>logographos</head><p><emph>logographos</emph>, pl. <term>logographoi</term> &#183; Lit. <soCalled>speech-writer</soCalled>: specifically, a professional writer of speeches for litigants to deliver in court. It has recently been argued that the <term>logographos</term> did not normally write the speech so much as help the litigant to prepare it, but this view is contested. </p><p>Greek: <foreign lang="grc">logogra/fos, logogra/foi</foreign>.</p></div0><div0 type="section" id="nomos" n="nomos"><head>nomos</head><p><emph>nomos</emph>, pl. <term>nomoi</term> &#183; Lit. a <soCalled>norm,</soCalled> in the sense both of <soCalled>custom</soCalled> and of <soCalled>law.</soCalled> <term>Nomos</term> is often contrasted, especially in <dateRange from="-499" to="-400">fifth-century</dateRange> Greek thought, with <term>phusis</term> (lit. <soCalled>nature</soCalled>); the latter represents underlying reality, and the former denotes the patterns by which men try to shape this. In this sense <term>nomos</term> is normally translated <soCalled>convention.</soCalled> </p><p>Greek: <foreign lang="grc">no/mos, no/moi</foreign>.</p></div0><div0 type="section" id="nomothesia" n="nomothesia"><head>nomothesia</head><p><emph>nomothesia,</emph> <term>nomothetes</term>, pl. <term>nomothetai</term> &#183; <term><xref type="xref" n="legislation">Nomothesia</xref></term> is the process of enacting laws (of general and/or permanent validity). After <date value="-403">403</date> BCE, this was taken out of the hands of the <term><xref type="xref" n="assembly">ekklesia</xref></term> and given to the <term>nomothetai</term>, in order to provide a check on the passage of reckless <xref type="xref" n="legislation">legislation</xref>. The precise arrangements for the process seem to have been revised several times during the <dateRange from="-399" to="-300">fourth century</dateRange>; but it is notable that the <term>nomothetai</term> were a body selected by lot from among the panel of eligible <term>dikastai</term>. Their function was to hear in detail (but not apparently to discuss) the arguments for and against any proposed legislative change, and to make a final and authoritative decision. They could however only act when requested to do so on the initiative of the <term><xref type="xref" n="assembly">ekklesia</xref></term>.</p><p>Greek: <foreign lang="grc">nomoqesi/a; nomoqe/ths, nomoqe/tai</foreign>.</p></div0><div0 type="section" id="nothos" n="nothos"><head>nothos</head><p><emph>nothos</emph>, pl. <term>nothoi</term> &#183; Lit. <soCalled>a bastard.</soCalled> In the classical period, Athenian <xref type="xref" n="citizenship">citizenship</xref> was confined to those born of citizen parents on both sides. The child of an unmarried union between citizen and non-citizen was clearly illegitimate, and had rights neither of inheritance nor of <xref type="xref" n="citizenship">citizenship</xref>. The status of the child of unmarried citizen parents is less clear: such a person was clearly a <term>nothos</term> without rights of inheritance, but it is disputed whether s/he was or was not a citizen. It is possible, though less certain, that the word <term>nothos</term> was used to describe the child of a mixed marriage even in those contexts (e.g. before <date value="-450">450</date> BCE) where such a marriage was legally permissible, even though such a child might have full rights to inheritance as well as to <xref type="xref" n="citizenship">citizenship</xref>. </p><p>Greek: <foreign lang="grc">no/qos, no/qoi</foreign>.</p></div0><div0 type="section" id="oikos" n="oikos"><head>oikos</head><p><emph>oikos</emph> &#183; A household: the word can be used to describe people or family property or a building, or all three together. The term is rarely used in the formulation of Athenian statutes, but the concept seems to play an important r&#244;le not only in family but in <xref type="xref" n="citizenship">citizenship</xref> law: see svv. <term><xref type="xref" n="law_glossary@kurios">kurios</xref></term>, <term><xref type="xref" n="law_glossary@nothos">nothos</xref></term>.</p><p>Greek: <foreign lang="grc">oi)=kos</foreign>.</p></div0><div0 type="section" id="paragraphe" n="paragraphe"><head>paragraphe</head><p><emph>paragraphe</emph> &#183; A counter-indictment, in which the defendant charges the plaintiff with bringing an illegal prosecution. The procedure was invented (or possibly re-organised) around <date value="-400">400</date>, to help those threatened with charges which broke the Amnesty: the latter had been imposed under Spartan supervision to protect former supporters of the <xref type="xref" n="thirty tyrants">Thirty Tyrants</xref>, the oligarchic junta of <dateRange from="-404" to="-403">404/3</dateRange> which had been overthrown by the democratic restoration of <dateRange from="-403" to="-402">403/2</dateRange>. <term>Paragraphe</term>, however rapidly extended its scope: for the defendant, it seems to have had the advantage that it was itself a prosecution; whereas the older procedure of <term><xref type="xref" n="law_glossary@diamarturia">diamarturia</xref></term> simply served to block a particular claim by the plaintiff, <term>paragraphe</term> enabled the defendant to turn the tables, becoming himself the prosecutor and (if successful) imposing a penalty on his opponent. </p><p>Greek: <foreign lang="grc">paragrafh/</foreign>.</p></div0><div0 type="section" id="paranomon" n="paranomon"><head>(graphe) paranomon</head><p><emph>(graphe) paranomon</emph> &#183; A public indictment against the proposer of a new <term>psephisma</term> (decree), charging that his proposal is unconstitutional (lit. <soCalled>against the law</soCalled>): One of the most extensively documented of all Athenian legal procedures, and one of the most overtly political: the prosecutor might claim for instance that the bill had been proposed without the necessary formalities; but many of the extant <term>graphai paranomon</term> are directed against honorary decrees, and in these the prosecutor regularly bases his case on the claim that the honour is itself undeserved. The procedure could be employed against proposals both before and after they had been voted on by the <term><xref type="xref" n="assembly">ekklesia</xref></term>. Until <date value="-403">403</date> B.C., it was apparently used without discrimination against both <term>nomoi</term> (laws) and <term>psephismata</term>; but in that year a formal distinction was for the first time drawn between the two types of statute (see sv. <term><xref type="xref" n="law_glossary@nomos">nomos</xref></term>, <xref type="xref" n="legislation">Legislation</xref>). The old procedure of <term>graphi paranomon</term> was retained for use against <term>psephismata</term>; but a new parallel procedure, the <term>graphi nomon me epitedeion theinai</term>, was felt to be required for use against unconstitutional (lit. <soCalled>inexpedient</soCalled>) <term>nomoi</term>.</p><p>Greek: <foreign lang="grc">grafh\ parano/nwn</foreign>.</p></div0><div0 type="section" id="phasis" n="phasis"><head>phasis</head><p><emph>phasis</emph> &#183; Lit. <soCalled>a showing forth, declaration</soCalled>: denunciation of a man who is illegally withholding property which belongs to the state. Unlike the related (and much better attested) procedure of <term><xref type="xref" n="law_glossary@apographe">apographe</xref></term>, <term>phasis</term> was apparently directed against the person rather than the property. </p><p>Greek: <foreign lang="grc">fa/sis</foreign>.</p></div0><div0 type="section" id="polupragmon" n="polupragmon"><head>polupragmon</head><p><emph>polupragmon</emph>, pl. <term>polupragmones</term> (adj.); <term>polupragmosune</term> (abstract noun) &#183; Lit. <soCalled>one who conducts much business,</soCalled> i.e. <soCalled>too much.</soCalled> Usually pejorative in the eyes of the speaker. The <dateRange from="-499" to="-400">fifth-century</dateRange> Athenian empire was according to its opponents the product of cooperative Athenian <term>polupragmosune</term>; on an individual level, the term has overtones of <soCalled>officious</soCalled> and <soCalled>busybody.</soCalled> </p><p>Greek: <foreign lang="grc">polupra/gmwn, polupra/gmones</foreign>.</p></div0><div0 type="section" id="probole" n="probole"><head>probole</head><p><emph>probole</emph>, pl. <term>probolai</term> &#183; Lit. <soCalled>a throwing forward.</soCalled> A preliminary accusation, which an intending plaintiff could bring before the <term><xref type="xref" n="assembly">ekklesia</xref></term> (<xref type="xref" n="assembly">Assembly</xref>) rather than directly to a <term><xref type="xref" n="lawcourt">dikasterion</xref></term> (<xref type="xref" n="lawcourt">court</xref>). This vote of the <term><xref type="xref" n="assembly">ekklesia</xref></term> had no formal effect: it did not bind a successful plaintiff to continue his action in court, nor apparently did it prevent him from doing so if unsuccessful; it imposed no penalty either on plaintiff or on defendant. It did however strengthen the hand of the successful plaintiff: after the manner of a straw poll, it showed which way the wind was blowing. We hear of <term>probole</term> being used in disputes which arise at festivals, and also against sycophants and against political leaders (presumably) who have allegedly deceived the people with false promises. </p><p>Greek: <foreign lang="grc">probolh/, probolai/</foreign>.</p></div0><div0 type="section" id="pseudomarturion" n="pseudomarturion"><head>(dike) pseudomarturion</head><p><emph>(dike) pseudomarturion</emph> &#183; Lit. <soCalled>(prosecution concerning) false witness</soCalled>: a private indictment against a <term>martus</term> (<soCalled>witness</soCalled>). This is by its nature a secondary action, brought against a man who has been a witness in previous legal proceedings, and charging him with having given a false or illegal testimony. </p><p>Greek: <foreign lang="grc">di/kh yeudomarturiw=n</foreign>.</p></div0><div0 type="section" id="sukophantes" n="sukophantes"><head>sukophantes</head><p><emph>sukophantes</emph>, pl. <term>sukophantai</term> (noun); <term>sukophantein</term> (verb) &#183; A term of disputed etymology and disputed meaning, used pejoratively to describe an officious litigant. Conventionally transliterated as <soCalled>sycophant</soCalled> or <soCalled>sykophant,</soCalled> but the English adjective <soCalled>sycophantic</soCalled> derives from a later, post-classical development in the meaning of the word. </p><p>Greek: <foreign lang="grc">sukofa/nths, sukofa/ntai; sukofantei=n</foreign>.</p></div0><div0 type="section" id="sunegoros" n="sunegoros"><head>sunegoros</head><p><emph>sunegoros</emph>, pl. <term>sunegoroi</term> &#183; Most commonly, a person who appears in court to speak on behalf of a litigant. Lit <soCalled>speaker together with,</soCalled> thus at least in theory preserving the rule that litigants could not be represented by advocates: the <term>sunegoros</term> was officially the supporting speaker. The word is also used to describe a speaker appointed to represent the state, normally as prosecutor; but the overwhelming majority even of public prosecutions were brought by private individuals.</p><p>Greek: <foreign lang="grc">sunh/goros, sunh/goroi</foreign>.</p></div0></body></text></TEI.2>
