Cultural Histories of the Ancient World – serie

The definitive book on judicial review in Athens from the 5th through the 4th centuries BCE.The power of the court to overturn a law or decree—called judicial review—is a critical feature of modern democracies. Contemporary American judges, for example, determine what is consistent with the Constitution, though this practice is often criticized for giving unelected officials the power to strike down laws enacted by the people's representatives. This principle was actually developed more than two thousand years ago in the ancient democracy at Athens. In Control of the Laws in the Ancient Democracy at Athens, Edwin Carawan reassesses the accumulated evidence to construct a new model of how Athenians made law in the time of Plato and Aristotle, while examining how the courts controlled that process. Athenian juries, Carawan explains, were manned by many hundreds of ordinary citizens rather than a judicial elite. Nonetheless, in the 1890s, American apologists found vindication for judicial review in the ancient precedent. They believed that Athenian judges decided the fate of laws and decrees legalistically, focusing on fundamental text, because the speeches that survive from antiquity often involve close scrutiny of statutes attributed to lawgivers such as Solon, much as a modern appellate judge might resort to the wording of the Framers. Carawan argues that inscriptions, speeches, and fragments of lost histories make clear that text-based constitutionalism was not so compelling as the ethos of the community. Carawan explores how the judicial review process changed over time. From the restoration of democracy down to its last decades, the Athenians made significant reforms in their method of legislation, first to expedite a cumbersome process, then to revive the more rigorous safeguards. Jury selection adapted accordingly: the procedure was recast to better represent the polis, and packing the court was thwarted by a complicated lottery. But even as the system evolved, the debate remained much the same: laws and decrees were measured by a standard crafted in the image of the people. Offering a comprehensive account of the ancient origins of an important political institution through philological methods, rhetorical analysis of ancient arguments, and comparisons between models of judicial review in ancient Greece and the modern United States, Control of the Laws in the Ancient Democracy at Athens is an innovative study of ancient Greek law and democracy.

Traces how the day has served as a key organizing concept in Roman culture—and beyond.Recipient of the Charles J. Goodwin Award of Merit from the Society for Classical StudiesHow did ancient Romans keep track of time? What constituted a day in ancient Rome was not the same twenty-four hours we know today. In The Ordered Day, James Ker traces how the day served as a key organizing concept, both in antiquity and in modern receptions of ancient Rome. Romans used the story of how the day emerged as a unit of sociocultural time to give order to their own civic and imperial history. Ancient literary descriptions of people's daily routines articulated distinctive forms of life within the social order. And in the imperial period and beyond, outsiders—such as early Christians in their monastic rules and modern antiquarians in books on daily life—ordered their knowledge of Roman life through reworking the day as a heuristic framework.Scholarly interest in Roman time has recently moved from the larger unit of the year and calendar to smaller units of time, especially in the study of sundials and other timekeeping technologies of the ancient Mediterranean. Through extensive analysis of ancient literary texts and material culture as well as modern daily life handbooks, Ker demonstrates the privileged role that "small time" played, and continues to play, in Roman literary and cultural history. Ker argues that the ordering of the day provided the basis for the organizing of history, society, and modern knowledge about ancient Rome. For readers curious about daily life in ancient Rome as well as for students and scholars of Roman history and Latin literature, The Ordered Day provides an accessible and fascinating account of the makings of the Roman day and its relationship to modern time structures.