Women in the Law Courts of Classical Athens

Women in the Law Courts of Classical Athens

by Konstantinos Kapparis
Women in the Law Courts of Classical Athens

Women in the Law Courts of Classical Athens

by Konstantinos Kapparis

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Overview

Konstantinos Kapparis challenges the traditional view that free women, citizen and metic, were excluded from the Athenian legal system. Looking at existing fragmentary evidence largely from speeches, Kapparis reveals that it unambiguously suggests that free women were far from invisible in the legal system and the life of the polis.

In the first part of the book Kapparis discusses the actual cases which included women as litigants, and the second part interprets these cases against the legal, social, economic and cultural background of classical Athens. In doing so he explores how factors such as gender, religion, women’s empowerment and the rise of the Attic hetaira as a cultural icon intersected with these cases and ultimately influenced the construction of the speeches.


Product Details

ISBN-13: 9781474446730
Publisher: Edinburgh University Press
Publication date: 12/05/2022
Series: Intersectionality in Classical Antiquity
Pages: 288
Product dimensions: 6.14(w) x 9.21(h) x (d)

About the Author

Konstantinos Kapparis is Professor of Classics and Director of the Center for Greek Studies at the University of Florida.

Table of Contents

Introduction; i. Women and the Legal System of the Athenian Democracy: Why is it important?; ii. The intersection of the law with the lives of women; iii. Sources; iv. Modern literature; PART 1: Cases involving women litigants; Lysias, To Antigenes, On the Abortion; Lysias, On the daughter of Antiphon; Hypereides, Against Aristagora aprostasiou, (two speeches); Deinarchos, That the daughters of Aristophon are not heiresses; or, Diamartyria that the daughter of Aristophon is not an heiress; Pericles, In Defense of Aspasia, for Impiety; [Demosthenes] 40, To Boiotos on his mother’s dowry; Hypereides, Against Demetria, apostasiou; Lysias, Against Diogeiton: A mother’s compelling speech; Deinarchos, Synegoria to Hegelochos, for the Epikleros, or Against Hegelohos, Synegoria on behalf of the Epikleros; Deinarchos, Against Hedyle, apostasiou; Lysias, To Lais; [Deinarchos], Dispute between the priestess of Demeter and the Hierophant; Lycurgus, On the Priestess; Deinarchos, For an Epikleros: For the Daughter of Iophon; Euboulides, Against the sister of Lakedaimonios, for Impiety; Hypereides, In Defense of Mika; Apollodoros, Against Neaira; Lysias, For Nikomache; Menekles, Against Ninos the Priestess, for Impiety; Lysias, On the daughter of Onomakles; Isaios 3, On the Estate of Pyrrhos; Lysias, Against Philonides for Rape; Hypereides, In Defense of Phryne; Lysias, On the daughter of Phrynichos; Isaios , To Satyros, on behalf of the epikleros; Antiphon 1, Against the Stepmother; Demosthenes, Against Theoris, for Impiety; Hypereides, To Timandra; PART 2: Chapter 1. Women’s participation in the Athenian justice system; 1.1. Women’s access to the various layers of the justice system; 1.2 Representation versus exclusion; 1.3. Not all women are the same; 1.4. Conclusions; Chapter 2. Judicial processes involving women; 2.1 An overview of processes and procedures in the Athenian Justice System; 2.2. Women and politics; 2.3. Citizenship and immigration violations; 2.4. Prosecutions for religious offenses; 2.5. Economic disputes; 2.6. Violent crime; 2.7. Personal responsibility before the law; Chapter 3. Gender as a factor in the construction of the argument; 3.1. Gender stereotypes as a factor in trials involving both men and women: An introduction; 3.2 The dutiful wife and mother; 3.3. The indecent women of Athens; 3.4. The poisoner and the witch; 3.5. Images of the body and sexuality; 3.6. A woman with a past; 3.7. Conclusions; Chapter 4. Women’s Empowerment, Social Groups and the Justice System; 4.1. Introduction; 4.2. The Citizen woman in the Athenian polis; 4.3. The Metic woman in the Athenian polis; 4.4. The working women of Athens: legal implications; 4.5. Conclusions; Chapter 5. Conclusions; Appendix: The main laws affecting the lives of Athenian women; The law on marriage; The law on the epidikasia of citizen and metic epikleroi; The law on the epidikasia of a poor epikleros; The Periclean citizenship law; The laws prohibiting mixed marriages between Athenians and non-Athenians; The law on divorce; The laws on adultery affecting women; The laws on succession and inheritance directly affecting women; The social network: the laws requiring of the archon to protect women, children and orphans from abuse of their person or property; All priests and priestesses are equally responsible under the law; Select Bibliography.
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