Presentation on the history of the formation of the Athenian state. Presentation on the history of the formation of the Athenian state Description of the presentation presentation history of the state and law of ancient Athens on slides





The development of the ancient states differs from the Ancient Eastern ones in the following features: The development of the ancient states differs from the Ancient Eastern ones in the following features: more accelerated rates of decomposition of the primitive communal system; development of private property; expansion of slave exploitation. Free citizens in these countries offered stubborn resistance to the tribal nobility, who wanted to achieve their enslavement.


This led to the early elimination of debt slavery and led to the relative stability of small peasant farming. slavery in the ancient world lost the features of patriarchal slavery, which it had long retained in the countries of the Ancient East.


In Greece, those socio-economic and political structures that gave the ancient society a certain specificity are actively developing. These are: Those socio-economic and political structures that gave the ancient society a certain specificity are actively developing in Greece. These are: classical slavery, the system of monetary circulation and the market, the policy as the main form of political organization.


The state in Ancient Greece is formed in the form - POLIS - a community of free and full citizens. The state in Ancient Greece is formed in the form - POLIS - a community of free and full citizens. The policy is characterized by: a combination of a communal character and peculiar features that separate this community from tribal, family, territorial, etc.; it is based on the ancient form of property, which was simultaneously the property of the state (joint) and private property;


the owner of the main means of production - land - could only become a full member of the civil community; the owner of the main means of production - land - could only become a full member of the civil community; the supreme right to land (the right to own, use and dispose of it) was possessed only by a collective of citizens;


all citizens ideally had equal rights; all citizens ideally had equal rights; the presence of various governing bodies, but the supreme body in most of them was the people's assembly, which had the right to make a final decision on all major issues;


coincidence of political and military organization. (the citizen-owner was at the same time a warrior, ensuring the inviolability of the policy, and hence his property); coincidence of political and military organization. (the citizen-owner was at the same time a warrior, ensuring the inviolability of the policy, and hence his property); the economy was based on agriculture and cattle breeding, viticulture and horticulture; the basic principle of the economy is the idea of ​​self-sufficiency.


The main periods in the history of the Athenian state were: The main periods in the history of the Athenian state were: the first period - the emergence and formation of the Athenian slave state - VII - VI centuries. BC.; development of the Athenian state - V - IV centuries. BC.; crisis and decline of the Athenian state - IV - III centuries. BC.


The first step towards the formation of the Athenian state - Theseus' reforms: The first step towards the formation of the Athenian state - Theseus's reforms: the unification of separate tribal settlements into one with the center in Athens; the establishment in Athens of a central government; the people were divided into three groups (regardless of the existing division into tribes) into: - Eupatrides (noble); - geomors (farmers); - demiurges (artisans).


Archon Solon. 594 BC acted as an intermediary between the aristocracy and the demos and the legislator with the right to reorganize the state. Archon Solon. 594 BC acted as an intermediary between the aristocracy and the demos and the legislator with the right to reorganize the state. HIS REFORMS WERE LIMITED TO THE FOLLOWING:


defended Athenian citizens from the arbitrariness of usurers, protected Athenian citizens from the arbitrariness of usurers, freed them from enslavement through the reform of debt law - sisachphia .; canceled all debts; such obligations were prohibited, allowing to pledge the identity of the debtor; those who were in bondage to creditors received freedom; those sold into slavery are ransomed; divided all citizens into four categories depending on the size of their property (citizens of the first 3 categories could hold public office, the highest positions - archons, members of the Areopagus - only citizens of the 1st).


creates the Council of 400 - the highest governing body (dealt with issues of current management, including the preparation of cases for consideration in the national assembly). This body included only representatives of the first three categories (100 people from each tribe); creates the Council of 400 - the highest governing body (dealt with issues of current management, including the preparation of cases for consideration in the national assembly). This body included only representatives of the first three categories (100 people from each tribe); narrows the competence of the continuing existence of the Areopagus, which is reduced to control over the activities of the people's assembly and supervision over the observance of laws. determined the competence of the people's assembly, the highest organ of power. It:


resolved all issues related to the domestic and foreign policy of the state; resolved all issues related to the domestic and foreign policy of the state; elected officials; determined the amount of taxes and the procedure for spending public funds; declared war and signed peace treaties. Every Athenian citizen who had reached the age of 20 had the right to participate in the national assembly.


creates a people's court (or jury) - Gelie, which: creates a people's court (or jury) - Helie, who: had extensive judicial power; participated in the exercise of legislative power; supervised the election of officials.


The reforms of Cleisthenes (510 BC) finally eliminated the remnants of the tribal system. He: The reforms of Cleisthenes (510 BC) finally eliminated the remnants of the tribal system. He: introduced the division of the population on a territorial basis, while destroying the division of the population into 4 tribes (phyla), divided the territory of Athens into 10 territorial phyla, abolished the Council of 400 and created the Council of 500, consisting of representatives of 10 territorial phyla (500 people each) introduced ostracism ( the expulsion from the country of citizens who posed a danger to the state system by gaining excessive influence in the state).


The time of the highest power of Athens and the highest point in the development of democracy falls on the period of the reign of Ephialtes and Pericles (V centuries BC). The time of the highest power of Athens and the highest point in the development of democracy falls on the period of the reign of Ephialtes and Pericles (V centuries BC).


The reforms of Ephialtes (462 BC) affected the activities of the Areopagus: The reforms of Ephialtes (462 BC) affected the activities of the Areopagus: organized a trial of corrupt members of the Areopagus; the right to control the activities of the people's assembly was transferred to the gelie; the right to control officials and oversee the implementation of laws - the Council of 500 and the people's assembly were lowered the qualification for holding the post of archon.


the judicial powers of the Areopagus were reduced; the judicial powers of the Areopagus were reduced; the qualification for holding the position of archon was lowered. The Areopagus remained in charge of mainly religious functions, so the Areopagus was deprived of political power.


The reforms of Pericles boiled down to the following: The reforms of Pericles boiled down to the following: a fee was introduced when holding a public office; positions in public administration could now be taken by the poor and the poor; the role of the people's assembly, the Council of 500 and the heliei increased.


Thus, during the period of democracy, the central authorities and administration in Athens were: Thus, during the period of democracy, the central authorities and administration in Athens were: the people's assembly; Council 500; Helia; Areopagus; elected officials.


People's Assembly. People's Assembly. the right to participate in the national assembly - 18 years (exceptions: meteks, women and slaves); issued laws and decrees on private matters; elected officials; audited their activities; resolved issues of war and peace; discussed the food situation in the country.


Council 500. The members of the Council were elected by lot for a year from among the inhabitants who had reached the age of 30. The council was divided into 10 commissions; was engaged in the preparation of preliminary conclusions on issues that were considered at the people's assembly; listened to the reports of senior officials; exercised control over the observance of the decisions of the people's assembly.


The main features of Athenian law. The main features of Athenian law. The oldest source of law in Athens is custom. Already in the V - IV centuries. BC. laws become the main source of law in Athens. Even the resolutions of people's assemblies are considered laws. They contain general provisions.


Ownership. Significant development was received by private property, which was considered as property provided by the state. A significant amount of property belongs to the state. Individuals could rent such property with special permission from government agencies. Ownership. Significant development was received by private property, which was considered as property provided by the state. A significant amount of property belongs to the state. Individuals could rent such property with special permission from government agencies.


Obligation law. There are obligations from contracts and obligations from torts. Transactions are usually made in writing. Prior to Solon's reforms, failure to fulfill contractual obligations entailed the personal liability of the debtor, i.e. debt bondage. Obligation law. There are obligations from contracts and obligations from torts. Transactions are usually made in writing. Prior to Solon's reforms, failure to fulfill contractual obligations entailed the personal liability of the debtor, i.e. debt bondage. After the reforms of Solon, as a means of securing contractual obligations are: deposit, pledge, surety.

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Description of the presentation Presentation HISTORY OF THE STATE AND THE RIGHTS OF ANCIENT ATHENS on slides

HISTORY OF THE STATE AND LAW OF ANCIENT ATHENS Lecture-presentation Lecturer - Associate Professor KAZACHANSKAYA Elena

The development of ancient states differs from those of the Ancient East in the following features: a more accelerated rate of decomposition of the primitive communal system; development of private property; expansion of slave exploitation. Free citizens in these countries offered stubborn resistance to the tribal nobility, who wanted to achieve their enslavement.

In Greece, those socio-economic and political structures are actively developing that gave the ancient society a certain specificity. These are: classical slavery, the system of money circulation and the market, the policy - as the main form of political organization.

The state in ancient Greece is formed in the form - POLIS - a community of free and full citizens. The policy is characterized by: a combination of a communal character and peculiar features that separate this community from tribal, family, territorial, etc.; it is based on the ancient form of property, which at the same time was the property of the state (joint) and private property;

Only a full member of the civil community could become the owner of the main means of production - land; the supreme right to land (the right to own, use and dispose of it) was possessed only by a collective of citizens;

All citizens ideally had equal rights; the presence of various governing bodies, but the supreme body in most of them was the people's assembly, which had the right to make a final decision on all major issues;

Coincidence of political and military organization. (the citizen-owner was at the same time a warrior, ensuring the inviolability of the policy, and hence his property); the economy was based on agriculture and cattle breeding, viticulture and horticulture; the basic principle of the economy is the idea of ​​self-sufficiency.

The main periods in the history of the Athenian state were: the first period - the emergence and formation of the Athenian slave state - VII - VI centuries. BC e. ; development of the Athenian state - V - IV centuries. BC e. ; crisis and decline of the Athenian state - IV - III centuries. BC e.

The first step towards the formation of the Athenian state is the reforms of Theseus: the unification of separate tribal settlements into one whole with a center in Athens; the establishment in Athens of a central government; the people were divided into three groups (regardless of the existing division into tribes) into: - Eupatrides (noble); - geomors (farmers); - demiurges (artisans).

END VI. BC e. The situation that develops during this period is characterized by: a sharp inequality between the rich and the poor; state crisis; enslavement of a large number of free citizens for debts.

Archon Solon. 594 BC e. acted as an intermediary between the aristocracy and the demos and the legislator with the right to reorganize the state. HIS REFORMS WERE LIMITED TO THE FOLLOWING:

He protected Athenian citizens from the arbitrariness of usurers, freed them from enslavement through the reform of the law of debt - sisachphia. ; canceled all debts; such obligations were prohibited, allowing to pledge the identity of the debtor; those who were in bondage to creditors received freedom; those sold into slavery are ransomed; divided all citizens into four categories depending on the size of their property (citizens of the first 3 categories could hold public office, the highest positions - archons, members of the Areopagus - only citizens of the 1st).

Creates the Council of 400 - the highest governing body (dealt with issues of current management, including the preparation of cases for consideration in the national assembly). This body included only representatives of the first three categories (100 people from each tribe); narrows the competence of the continuing existence of the Areopagus, which is reduced to control over the activities of the people's assembly and supervision over the observance of laws. determined the competence of the people's assembly, the highest organ of power. It:

Resolved all issues related to the domestic and foreign policy of the state; elected officials; determined the amount of taxes and the procedure for spending public funds; declared war and signed peace treaties. Every Athenian citizen who had reached the age of 20 had the right to participate in the national assembly.

Creates a people's court (or jury) - Helia, which: had extensive judicial power; participated in the exercise of legislative power; supervised the election of officials.

The reforms of Cleisthenes (510 BC) finally eliminated the remnants of the tribal system. He: introduced the division of the population on a territorial basis, while destroying the division of the population into 4 tribes (phyla), divided the territory of Athens into 10 territorial phyla, abolished the Council of 400 and created the Council of 500, consisting of representatives of 10 territorial phyla (500 people each) the expulsion from the country of citizens who posed a danger to the state system by gaining excessive influence in the state).

The time of the highest power of Athens and the highest point in the development of democracy falls on the period of the reign of Ephialtes and Pericles (V centuries BC).

The reforms of Ephialtes (462 BC) affected the activities of the Areopagus: he organized a trial of corrupt members of the Areopagus; the right to control the activities of the people's assembly was transferred to the gelie; the right to control officials and oversee the implementation of laws - the Council of 500 and the people's assembly were lowered the qualification for holding the post of archon.

The judicial powers of the Areopagus were reduced; the qualification for holding the post of archon was lowered. The Areopagus remained in charge of mainly religious functions, so the Areopagus was deprived of political power.

The reforms of Pericles boiled down to the following: wages were introduced for holding public office; positions in public administration could now be taken by the poor and the poor; the role of the people's assembly, the Council of 500 and the heliei increased.

Thus, during the period of democracy, the central authorities and administration in Athens were: the people's assembly; Council 500; Helia; Areopagus; elected officials.

People's Assembly. the right to participate in the national assembly - 18 years (exceptions: meteks, women and slaves); issued laws and decrees on private matters; elected officials; audited their activities; resolved issues of war and peace; discussed the food situation in the country.

Council 500. The members of the Council were elected by lot for a year from among the inhabitants who had reached the age of 30. The council was divided into 10 commissions; was engaged in the preparation of preliminary conclusions on issues that were considered at the people's assembly; listened to the reports of senior officials; exercised control over the observance of the decisions of the people's assembly.

The main features of Athenian law. The oldest source of law in Athens is custom. Already in the V - IV centuries. BC e. laws become the main source of law in Athens. Even the resolutions of people's assemblies are considered laws. They contain general provisions.

Ownership. Significant development was received by private property, which was considered as property provided by the state. A significant amount of property belongs to the state. Individuals could rent such property with special permission from government agencies.

Obligation law. There are obligations from contracts and obligations from torts. Transactions are usually made in writing. Prior to Solon's reforms, failure to fulfill contractual obligations entailed the debtor's personal liability, that is, debt bondage. After the reforms of Solon, as a means of securing contractual obligations are: deposit, pledge, surety.

Marriage and family law. Features: monogamy; women lived separately from men; prohibited; marriage was considered obligatory; celibacy was condemned; a strict ban on incestuous marriages; marriageable age for the bride - 12 years, the groom - 15 years;

Marriage is a kind of contract concluded between the groom and the bride's guardian; dowry had approximately the same legal regime as in the East, but was not mandatory; the wife depended on her husband, was deprived of independence and was constantly under someone's guardianship (father, brother, husband, son; divorce was possible.

Criminal law. Types of crimes: state, against the family and morality, against the individual, military, property.

Types of punishments: death penalty (the convict chose the type of execution himself - a bowl of poison, a rope or a sword - within 3 days), sale into slavery (for robbery), fines, confiscation, exile, deprivation of civil and political rights.

Athenian criminal law also mentions mitigating or aggravating circumstances. Such as self-defense, complicity, etc.

Court and process. Gelieya was: the court of first instance for the most important cases of state and malfeasance, considered complaints against decisions of other courts, controlled the activities of officials, she had the right to final approval of decisions and laws adopted by the people's assembly.

Areopagus. His competence was as follows: he considered cases of premeditated murder, on behalf of the people's assembly, he investigated cases of state crimes.

Cases of unintentional crimes were considered by the court of ephetes. Property crimes - by the board of eleven. Separate archons considered litigation in family and inheritance cases, were in charge of religious matters and cases of criminal offenses.

View of Athens

Government of Athens

general characteristics

The Athenian state is a political organization of free citizens, which ensured the protection of their interests and the obedience of slaves.

Form of government - slave-owning democratic republic

The filling of public positions was based on the principles of election, urgency, collegiality, accountability, compensation , no hierarchy

The main organs of the Athenian state

People's Assembly- ecclesia. Only men (from 20 years old) participated in its work. Adopted laws, resolved issues of war and peace, elected officials, etc.

Council of five hundred - bule. The working body of the ecclesia. Any Athenian citizen aged 30 or over could be a member. He was elected by lot for 50 people from each of 10 fils.

College of Strategists(10 people) - carried out the supreme leadership and command of all the armed forces of Athens. They were elected by open vote.

College of Archons- consisted of 9 archons and a secretary. They were chosen by lot from each phylum. All archons passed two checks - dokimassia in the Council of 500 and helia. Considered religious, family affairs and questions of morality.

Heliea is the highest judicial body. Consisted of 6000 people. (600 from each phylum). They were elected archons annually by lot (from the age of 30).

Slave state in Sparta

Spaerta is a city in Greece in the Laconia region in the south of the Peloponnese peninsula, in the valley of the Evrotas river.

In ancient Greece, Sparta or Lacedaemon in the VI - I centuries. BC. was city-state.

A class slave-owning society developed in Sparta, which retained the remnants of the primitive communal system and the military organization of society.

SPARTA

The social structure of Sparta

The main social groups of the inhabitants of Sparta

Features of social position

Spartans

aristocracy

Gomei - full citizens, Spartans

All land in Sparta was considered property

state and was divided into sections

Parthenia - descendants of unmarried children

(clerks) handed over to the Spartans in

spartans

hereditary use without right

(people) according to Xenophon

alienation

Land allotments were transferred along with

Hypomeyons - impoverished or physically

slaves who work them

defective citizens, deprived for this part

According to the Laws of Lycurgus:

civil rights

Mofaki - children of non-gomes who received full

Spartan upbringing and therefore having

Pursued by luxury

some chance of getting full

It was forbidden to trade

citizenship

Not allowed for personal use

Neodamons - former helots (from among

Laoconian) who received incomplete citizenship

gold and silver

From the age of seven to old age

Perieki - free non-citizens (approx.

analogue of the Athenian meteks)

the Spartans were supposed to be engaged in military

Laoconian Helots- house slaves

they sometimes received freedom (and since

Peloponnesian War also and incomplete

citizenship)

Messenian Helots- constantly rebellious

crypto object*

cryptia

Kriptia (Greek κρυπτεία) is a punitive measure (beating), periodically organized by the Spartan slave state to intimidate the helots. Such raids on helots also served to educate the young Spartans themselves.

“This is how the cryptias happened. From time to time, the authorities sent young people who were considered the most intelligent to roam the neighborhood, providing them with only short swords and the most necessary food supply. During the day they rested, hiding in secluded corners, and at night, leaving their shelters, they killed all the helots they captured on the roads. Often they went around the fields, killing the strongest and strongest helots. Plutarch

In order to have a formally legal justification for killing helots, the ephors annually declared war on the helots.

SPARTA

Government of Sparta

Ancient Sparta - aristocratic military camp a state that, in order to suppress the huge mass of the forced population (helots), artificially restrained the development of private property and unsuccessfully tried to maintain equality among the Spartans themselves.

Government of Sparta

People's AssemblyApella is the supreme body of power. Spartans aged 30 and older participated in its work. Resolved issues of election of officials, participated in legislative activities, resolved issues of war and peace

head of state- two kings. They performed the functions of military leaders, were high priests.

The College of Ephors is the body of the Spartan oligarchy, which led all aspects of Spartan society. Five ephors were elected annually. She convened the Gerousia and the Appella, and resolved issues of domestic and foreign policy.

Council of Elders - gerousia. It consisted of 28 gerontes, elected for life from the Spartans who had reached the age of 60.

Law of Ancient Greece

Sources of law

Family law

Marriage is an agreement between heads of families.

Marriage was compulsory

Written law - Draco Laws (621 BC

The woman in the family occupied

subordinate position

Divorce for men was free, for

Property relations

women hampered

The power of the father over the children was

fairly extensive

The property was divided into movable and

immovable

inheritance law

Separate property and possession

Private property was considered a derivative

Legally, first

from the state

sons succeeded, with their

Commitment

the absence of a daughter. If there wasn't

direct heirs, then inherited

lateral relatives. Extramarital

children did not have the right to inherit.

From the contract (in writing)

By will - recognized if

Out of delict (oral)

the testator was of sound mind and

Means of ensuring the contract

not subjected to physical or

mental abuse, and if not

had legitimate male children. Not

Guarantee

had the right to bequeath

Types of contracts: purchase and sale, hire, loans,

minors, women,

Foster-son.

contract, loan, storage, partnership,

assignments, commissions.

Ancient states (Athens, Sparta,
Rome)
Europe's first political
societies developed in the Mediterranean countries
in the II-I millennium BC
Ancient society and ancient
statehood represented a new stage
common human history. Their novelty was
connected with the deep features of social and legal life and the entire socio-cultural structure of the European peoples.
Ancient society and ancient civilizations
formed on the shores of the Mediterranean

The development of state forms here took place against the backdrop of
colonization - at first military-commercial, then purely
aggressive - other areas of Europe, Africa,
Asia Minor (Sparta, Rome).
Imperial policy was an essential factor
activities of the authorities (Rome).
The state was built on the principles
democracy and civil freedom, combined with
special communal-polis political system
(Athens, Sparta, Rome during the Republic).
A special place belongs to the system of Roman law. It
became the basis for the subsequent formation and development
most systems of the world legal system, had
impact on the formation of the first legal
principles of international relations in general
of all modern legal thinking (Rome).

The formation of the Athenian policy

The Ionians who settled in coastal Attica were divided into 4
tribes: Geleonts, Argadei, Aigikoreys and Goplets, each with its own cult and other features.
The settlements are the centers of the four tribes. Unity
the new policy was provided mainly by a unified
military organization of the tribes.
Socially, each tribe consisted of
large clans, which, in turn,
were divided into 50-90 large families-kinds. Families in
randomly grouped into phratries special religious associations with their own
religious holidays and ceremonies.

The main temple of the Athenian polis

The phratries united into larger associations
- phyla.
Descendants of conquered Dionic tribes (feta)
were outside this organization, but recognized
almost equal; they could freely
engage in agriculture, trade and crafts,
they had their own self-governing associations fiasi and orgeons.
The management of the tribes was carried out by the kings basilei (basileus), whose power was not
hereditary.
The pritans held the supreme judicial power in
policy and the right to declare military mobilization.
The heads of families and clans played a special role: they
were entitled to collect their share of taxes,
command in his clan, even invite
king to his assembly.

Archon-eponym - set the rules
the life of the policy, was considered the "guardian of the family",
supervised the observance of fathers of families
their rights and obligations, acted as
"protector of the weak.
Basileus-archon - performed religious
priestly duties at festivities, was
also President of the Special Court of Chapters 4
fil (prytany) in cases of murder, oh
disobedience to the heads of the policy.
Polemarchus is a military commander in charge of
policy security
Council of the policy - bule.

social order in
Athens polis
7th-6th centuries - the state supplants the clan
organization
Groups of citizens (according to Theseus' reform):
1) eupatrides (noble)
2) geomors (farmers)
3) demiurges (artisans)

social order in
Athens polis
Full citizens - residents of Athens,
whose parents were citizens
Athens (rights and obligations, including the liturgy).
Meteki - living in Athens
state foreigners, citizens of other
Greek
policies
(absence
political rights).
Slaves - private, state.

Democratic State of Ancient Athens

The structure of Athenian democracy (V-IV centuries BC)
was the most remarkable achievement
traditions of all ancient statehood,
millennia later, continuing to attract
political attention. For the Ancients themselves
Athens it was a time not only stable in
the whole state order, but also a special
economic and cultural flourishing, active
foreign policy when Athens became
practically the center of the Mediterranean world.

The first stage (508-462 BC) is associated with
implementation of a policy aimed at
final overthrow
aristocratic domination and traditions
tribal structure.
The second stage (462-412 BC) was marked
further advancement of democracy (after
attempts by the oligarchy in 496 BC. in connection with
Persian invasion to take power into their own hands),
creation of legal principles for the activities of new
institutions based on the division of powers;

Solon (640-560 BC) refused
tyranny, but rigidly implemented reforms,
who were generally reorganized
government organization for over
a broad social basis that answered
the interests of the majority of the people.
Retaining for the aristocracy the exclusive
the right to occupy the highest state
positions, Solon gave to the aristocracy
property character. old four
categories of the population of Athens (eupatridams,
horsemen, zevgits and feta) was given
new meaning: citizens were enrolled in them
according to their income.

Solon's reforms

Land - sisachphia
-cancellation
debt bondage
-debt stones removed from the fields
- redemption of debtors at the expense of the state
-prohibited self-mortgaging for debts
-many peasants returned their
land
- set maximum size
land plot
- free sale is allowed
land
Political
1. Division of citizens by property
for ranks:
- five hundred - manufacturers in total
500 measures of products, both dry and liquid
-”belonging to riders”producers of 300 measures
-zeugites - produced 200 measures
- feta - less than 200 measures
2. Bodies of power and control:
- assembly of the people - passed laws
elected officials
-Council of four hundred - 100 people from
each phylum (tribe), all were elected
free from the first discharges, acted
on behalf of the congregation
- Heliea - jury - main court
body, oversight

The political system of Ancient Athens (VII century BC) after the reforms of Solon

Tip 400
Folk
meeting
College
archons
Areopagus
helia

The main powers were concentrated in the bodies
direct democracy - the People's Assembly and the Council
400.
Council of the Four Hundred - played a major role in the Athenian
state. It consisted of 400 citizens allocated for a year according to
100 people from each of the four phyla. This is the governing body
which could include citizens of 1,2 and 3 categories. Cooked
bills for the people's assembly.
Boulay (national assembly) considered the proposals of the Council
400 draft laws.
College of archons - 9 people. 3 chief archons (overseeing
internal management, "basileus" - the high priest, the court
religious affairs, "polemarch" - military power), six
archons (judicial functions).
Gelieia is a body of judicial power, citizens of all ranks.
Areopagus - an aristocratic judicial body, special cases
categories (conspiracies against democracy).

The People's Assembly was the institution of important
state-political decisions.
Special meetings were dedicated
religious, administrative,
international affairs.
The congregation had extensive
political but not unlimited
powers. Only in the meeting
made decisions about war and peace,
unions, appointment of representatives and ambassadors,
the announcement of mobilization and the number
called up annually for military service.
Financial laws were passed here,
customs regulations, a general
financial control.

Question #2

Law and justice in
Athens
state

Development of law and legislation

Athenian law developed largely on
on the basis of traditions, legal customs, and only then
already legislation.
The first historical legislator of Athens was a tyrant
Dracont. The Laws of Draco (about 621 BC) were
devoted mainly to the new organization of the court,
punishments for various violations of the sacred and
social order; in a socio-legal sense, they
sought to contain the spread of property
inequalities - and in this respect were quite similar to
laws of the first ancient Eastern rulers.

These laws abolished any privileges, including
among the tribal nobility, in the field of criminal
punishment. For almost any crime
for any, in particular theft, even the theft of vegetables
from the garden, Draco ordered to be executed by death.
Draco Laws (except those that were
devoted to punishments for murders and grave
crimes) were canceled by Solon at the beginning
6th century BC, which itself, in turn,
drafted vast new legislation,
dedicated to many issues of Athenian life
society.

Criminal Law of Ancient Athens

Qualification of crimes
Crimes against
personalities
State
crimes
-murder
-injuries
-slander
- insults
-bad attitude of children
to the elderly
parents
-cheating wife
- abduction of a girl
- betrayal of the state
-deception of the people
- an insult to the gods
-introduction
illegal
proposals in
popular assembly
- godlessness
- theft of the temple
property
Property crimes
-theft
-arson
-robbery
Punishment system:
-the death penalty
-deprivation of political and
civil rights
- confiscation of property
-fine
- robbers, robbers could be
sold into slavery
- the night thief could be killed
in place, but he could free himself
from punishment by paying the cost
things or return it
-Athenian citizens bodily
were not punished

Civil Law of Ancient Athens

Branches of law
Ownership
-ownership as actual
possession of property.
-property as possession
right of disposal.
-property "visible"
(land. house. livestock, slaves) and
"invisible" (money,
jewelry). capable
evade taxation
and confiscation
Law of Obligations
- commitments from contracts
- "mortgage" - pledge of land;
- contracts: purchase and sale,
loan, lease
movables and
real estate, personal
and etc.
- obligations from
harm (if
damage
property, personal injury).

Family and Inheritance Law in Ancient Athens

Family law:
Inheritance law:
-marriage was contracted
agreements between the groom and the head of the family
brides
- officially recognized
monogamous family
- divorce for a man was
officially free,
women are very difficult
- the woman could not on her own
name to make deals
-marriage between uncle and
niece, between brother and
sister
-right of succession
belonged to sons
- if there were no sons,
inherited daughtersnieces
- the father could deprive the children
inheritance

Trial in Athens (two
type):
1) "dike" process
2) "graph" process
The process of "dike" began on the application
the victim or his legal representative.
The plaintiff was personally interested in the outcome of the case. He,
usually seek financial compensation
damage. The plaintiff had the right at any time
terminate the process. had to pay legal fees
duty (case of causing harm, breaking
equipment, damage to livestock, rental data,
murder is a matter of private prosecution).

2) "graph" process
The "graph" process could start on the application
any citizen.
Plaintiff did not receive financial compensation
case of a positive decision.
However, the plaintiff, who won the case for non-payment
taxes, illegal use of someone else's
property, received part of the fine due
on the culprit. The plaintiff was required to bring the case to
end. The court fee was not paid.
Sycophants are professional complainers.
Cases: high treason, insulting the gods,
theft of temple property.

Question #3

State and law
Ancient Sparta

Spartan state

The Spartan state arose in the IX
century BC in the south of Hellas (peninsula
Peloponnese) and was the earliest and
most significant of
emerging polis states.
Sparta was in the territory
Laconics - closed three sides
mountains of fertile plains.

Formation of the Spartan state

The Spartan state as such arose in the 9th century.
BC. As a result of the merger of isolated tribal
communities - Achaean, who lived on the territory
Laconic and Dorian, invading in conquest.
The Dorians settled in Laconia were divided into three
tribe-clan: Illei, Domanei and Pamfiloi. Each
from the tribes it was divided into 9 phratries - religious and tribal associations with common festivities,
cults, internal self-government.

Form of the state of Sparta

Sparta was an example of a slave
aristocracy.
People's Assembly (apella) a decisive role in
did not play the political life of the country. It was convened
not more than once a month, participated in the meeting
Spartans who have reached the age of 30 and
retained their allotments (clerks). In case of emergency
circumstances, emergency meetings were called,
attended by representatives of the most
noble and influential families.

Folk
meeting
(apella)
2 archategs
(king)
Gerousia
(Advice
elders)
Helots
College
Eforov
Perieki

Spartan state

The Spartan state arose in the 9th century BC.
AD Sparta was an example of a slave
aristocracy.
People's Assembly (apella) - participated in
drafting legislation, could adopt or
reject bills proposed to him,
resolved issues of war and peace, alliance with other
states.
Voting in the assembly was primitive:
citizens dispersed in different directions, after
what the majority determined by eye or
voted with a shout.

Council of Elders (gerousia) - consisted of
28 prominent representatives of the Spartans
(geronts, elected by the people's assembly
for life and were irresponsible.
Gerousia discussed preliminary matters,
bills that should
considered in the popular assembly.
Gerousia also performed judicial functions,
dealt with criminal cases, mainly
state and serious crimes.
She was the tribunal for
trials against kings

Sparta had royal power (2 kings). It came
the result of the unification of the top of the nobility of the Achaeans and
Dorians. Kings passed power to their offspring
male line. They had large estates, were
required to attend sessions. Once every 9 years they
underwent religious tests. In peacetime
kings performed the functions of priests, were engaged in divination,
considered court cases on issues of marriage and family law, inheritance, adoption. Every
month, the kings swore an oath to the ephors and gerons to observe
the laws and customs of the country. The power of the king during the war
campaigns, when he was declared commander
absolute. However, the ephors watched him
actions, supervised the division of military booty.
Seeing miscalculations in the actions of the king, the ephors could
bring him to justice.

social order
Sparta is characterized by a long preservation
remnants of the primitive system and military organization
society.
Only had political rights
Spartans. Hypomeienes - ruined
Spartans.
Perieki - were personally free, political
did not enjoy the rights, but in other respects were
legal capacity. could acquire property and
make transactions. Carried out military service. So
side of the state over the perieks was installed
supervision carried out by special officials
persons.
Helots - representatives of the defeated tribes,
turned into state slaves. of their own land
they did not have, worked on the site provided
Spartia by the state. Cryptia - the killing of slaves.

The unity of the Spartans was ensured
joint lunches (sessions) and
group athletic exercises.
Citizens monthly paid in kind
contribution to the common boiler.
The regulation of the life of the Spartans did not concern
not only public but also private life.
Military affairs became their main occupation.
Contact with the outside world is practically
were excluded. The state was closed.
There was a clear division in Sparta
estates, administrative division according to
areas, there was a first-class army.

Fall of Sparta.
Over time, the power of Sparta faded. As a result, the victory
the Greek Peloponnesian War (431 - 404 BC) became for
disastrous Spartans. Sparta received a large indemnity
from Athens. Many Spartans died. The country turned out
exhausted. The arrogance of the Spartan commanders caused
discontent, hatred of the population of subject policies. Again
gold and silver coins appeared in Sparta, the Spartans
began to strive for enrichment, increased social
property inequality. The number of descended, lost
the land of the Spartans increased, and the number of companions in
sessions decreased.
The Spartan community of equals was moving towards sunset, its
the political and social structure could not withstand the pressure
commodity-money relations. Sparta lost her
independence, fell under the power of the Persians, then
Macedonians, and from 146 BC - Rome.

Literature

1.
Berger A.K. Political model of ancient Greek democracy.
M., 1996.
2.
Herodotus. History in nine books. M., 1993.
3.
Ancient Greece. Encyclopedic reference book. L. Adkins, R.
Adkins. Moscow: Veche, 2014.
4.
Ancient Greece, Ancient Rome. A. M. Bachyants. M., Iris-Press.
2012.
5.
Kurbatov A. A. Legal proceedings in archaic Athens //
State and law. 2014. No. 6.
6.
Fedorov K. G. Athens - the legal state of antiquity.
Krasnodar. 1991.
7.
Frolov V.V. Civilizations of Ancient Greece and Ancient Rome:
state-legal aspect. M., 2012.

Department of State History and Law

Electronic
visual
allowance
in the discipline "History of State and Law
foreign countries" prepared by Associate Professor
departments
Baykeeva
WITH.
E.,
senior
teacher Romanova I.V.
Discussed and approved at the meeting of the department
April 28, 2015, Protocol No. 22