FREE ESSAY ON GREEK LAW

GREEK LAW

Greek law evolved as a necessary means by which to regulate society's behavior. What had
up until then been left up to the whims of each individual to handle on his or her own
was now a product of fair and sensible legal procedure. It can be argued that there was a
great need for such a show of order in that there existed little or no conformity when it
came to retribution. As Greek law continued to be established, it also became a
fundamental part of other areas of life, branching out into political and social
implications. In essence, the implementation of Greek law was instrumental in determining
that the legal process only takes on its full meaning in a broadly political context
(Foxhall).
I. SUMERIAN INTRODUCTION TO THE CONCEPT OF LAW
Prior to the Sumerians introduction of the concept of law, the Greeks followed no
organizational legal system whatsoever. The ancient Greek population was much more
abundant than the Sumerian population. They had large plots of land essentially keeping
people separated from one another, there was no real need for the establishment of laws.
As the population grew, so did the need for legal regulation. The Sumerians were
frightfully aware of the fact that the primary manner by which people were handling their
legal disputes was by method of killing. They determined that this was no longer an
acceptable behavior for what was to be considered a civilized society of people.
Inevitably, the Sumerian ended up with four legal principles:
1. Lex Talions
2. Mediation
3. Legal Inequality
4. Conjunction of Murder and Accidental Death
What was established as the first recognized law came from the fact that revenge played a
big role in society's unruliness. As it stood, a person who killed as a means by which to
solve a legal dispute was immediately exiled. Secondly, the Sumerians saw the merit of
asking advice from those wiser than the average man, and so it was implemented that an
arbitrator would be sought out in times of disagreement. However, this person was not an
agency of the state. This method of intervention proved to be quite beneficial for the
Greeks. The Greeks were not bound by any law to follow the wise man's advice but did so
out of logic, common sense, and at times-- respect. For the Greeks, law was what
separated men from animals (and from women) and was the basis of civilization (Burt).
II. EGYPTIAN RESPONSE
Egypt, like all the other ancient civilizations, created law in the image of its own
beliefs and needs (Hibbitts). The Egyptians did not readily accept the Greek connotation
of what they felt a legal system symbolized. They were more interested in remaining
within their own society's framework and utilizing whatever form of law they considered
appropriate for them. The Egyptians had a concrete legal system with five major areas:
1. Authoritarian
2. Collective
3. Contract Law
4. Legal Equality
5. Criminal Law
They were not very innovative when it came to establishing anything close to the Greek
way of law. There was a definite difference between what the Greeks deemed necessary
within the confines of legal obligation and what the Egyptians viewed to be the same.
III. HEBRAIC MORAL OBLIGATION
The Hebraics believed they had a moral obligation to at least recognize the concept of
law. They were not as disciplined as the Greeks when it came to implementing a legal
system. They were still in tuned to the necessity of civilized law. It can be argued that
moral obligation is a considerable force to be reckoned with in light of the pressure it
places upon one's conscience. It is for this very reason that the Hebraics pursued the
aspect of legalities in the first place. It is not easy to assess as to whether there
exists a role for law in moral matters (McTeer). While one might interpret their desire
to live as a morally righteous people as being self-sacrificing, the Hebraics were also
very aware of 
how integrating some little bit of legal responsibility being morally rightous. The
Hebraics realized without a doubt, reasoning (Keenan) can be a significantly powerful
motivator, working its silent magic to effect change and establish action. One can also
argue that it is not difficult to understand the connection between the moral obligation
they experienced and the manner in which they implemented the concepts of law. As Keenan
described, truths are easily dismissed if they prove uncomfortable or inconvenient to
follow.
IV. HELLENICS
The Greeks were responsible for influencing many great civilizations. The Hellenics were
one civilization that gathered a tremendous amount of benefit from this influence. In
fact, most Political Theorists consider these two civilaztion (the Greeks and Hellenics)
to be nearly identical. They demonstrated strengths every bit as prominent as the Greeks.
It can be argued that the development of Hellenism was a historical episode given to
modify the whole future of the human race. Inasmuch as Alexander created a civilization
characteristically as strong as he, the Hellenics stood tall and proud, abiding by a
common system of politics and law. This arrangement was quite reminiscent of the early
Greek legal system. It adopted a conformity that was perfectly fitting for the newly
established civilization (Hallsall).
The Greek influence on the Hellenics was more than apparent, in many aspects of their
society, including politics and law. Some of these areas were language, art, and
literature. Alexander felt very strong in regards to commonality in relation to the law.
Ultimately, a society with all the good of the Greeks, but still with their own
individuality would be euphoric. He accomplished this goal with the creation of
Hellenism. Alexander had created a universal empire as well as a universal culture. His
empire perished at his death, but its central idea survived-that of the municipal freedom
of the Greek polis within the framework of an imperial system (Halsall).
V. CLASSICAL PERIOD
As the Classical period began, so too did the greatest political and cultural heights
(Anonymous) for Athens. The democratic system was in full swing, which was inclusive of
what one would characterize as a variously developed system of justice. All other aspects
of society had progressed to the point of being particularly well established, such as
architectural, philosophical and literary components. Under this democratic system of
justice, Pericles was instrumental in forging ahead to ensure its strength. For as much
as politics was a part of the framework of the Greek 
legal process, it came under great fire during the classical period. At once, Athens,
Sparta, and Thebes all competed for Greece's political dominance during the 4th century.
Not only did that upset the pre-established legal process that had long been set into
place, but it also changed a lot of feelings and attitudes towards justice. The end of
the Classical period brought with it Alexander's death, as well as the continuation of
Greek law-- as it had been rescued from the ravages of war.
VI. ROMAN PERIOD
The Roman period brought with it a time of opposition when it came to the legal system
and what it was supposed to represent. Indeed, the Romans were at a crossroads with
regard to the constant oppression of over taxation. In their attempts to escape from the
burdens (Anonymous) of unfair economic obligation, it was clear that they did not
appreciate the laws. Another aspect of taxation laws that were not looked very highly
upon was the fact that any person or persons who fell short of their personal tax debts
became the responsibility of the tax collector. After time, those taxes that still
remained in debt were calculated and distributed to all who still had their own late
taxes to pay. Henceforth the financial responsibility for fugitives was placed upon the
community, on which, in the last 
analysis, the responsibility for the satisfactory performance of all liturgies rested
(Anonymous).
Indeed, the Roman empire was one of law unfair preference and favoritism in which the
Romans preferred a more argumentative approach. It was not long before such lack of
thought was brought out into the open, establishing the fact that the royal economy was
being supplemented by the very people who could least afford to contribute to it. Because
people were terrified of the consequences that came with delinquent taxation, the Roman
period was one that reflected a considerably negative legal essence. When it came to
money and finances, people felt abused and discarded. They were forced to strengthen the
imperial budget in spite of the fact that it placed a significant burden upon them. The
survival of many such declarations suggests that many learned the rules of Roman
administration and sought, through the use of official documents, to manipulate the
system as far as possible to their advantage (Anonymous).
VII. CHRISTIAN PERIOD
Plato always sought out justice. As much as the original Greek legal process aspired to
achieve such status, it can be said that its integrity was 
compromised through the centuries. Because of Plato's law and Aristotle's politics,
groups of politically active people wanted a fuller understanding of issues of justice
and the relationships among the individual, law, and politics (Anonymous).
The Christian period represented what was lost long ago to the original concept of law.
Cicero and Augustine were instrumental in informing the people of the importance of
judicial procedure. They began demonstrating how its existence was significant to
everyone involved in the process. In particular, Cicero exhibited an unashamed defense of
private property and economic individualism as part of a theory of state (Wood).
Law has evolved into some different branches. It affects many people, and has numerous
interpretations. But as you look back over these civilizations, it is clear how important
a role it has played. Regardless of the civilization or time period.
Bibliography
Nelson. Western Political Thought. Prentice Hall Publishing, 1996. London.
Anonymous (1996, no month). Classical period. University of Pennsylvania Museum of
Archaeology and Anthropology,
http://www.museum.upenn.edu/greek_world/Land_time/Classical.html
Anonymous (1996, January). Collected Papers of Naphtali Lewis Hanson.
gopher://gopher.lib.virginia.edu/00/alpha/bmcr/v96/96-6-1
Foxhall, L.; Lewis, A.D.E. (no date). Greek law in its political setting: Justifications
not justice. http://www.oup-usa.org/docs/0198140851.html
Halsall, Paul (1999, January). Ancient Greece to 146 B.C. Ancient History Sourcebook.
Hibbitts, Bernard J. (no date). Ancient Law Seminar. University of Pittsburgh School of
Law, http://www.law.pitt.edu/hibbitts/ancient.htm
Keenan, James F.; Kopfensteiner, Thomas R. (1998, March). Moral theology out of Western
Europe. Theological Studies, vol. 59, pp. 107(29).
McTeer, Maureen A. (no date). A Role for Law in Matters of Morality,
http://journal.law.mcgill.ca/abs/40mcteer.htm