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Women in the Law Courts of Classical Athens

Women in the Law Courts of Classical Athens

Author: Konstantinos Kapparis
Publisher: Edinburgh University Press
ISBN: 9781474446730

Published In: November 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781474446754

AU$65.50

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Explores the intersection of gender with important aspects of Athenian society such as citizen status, social values and beliefs, class, economic capacity and legal standing
Discusses how different groups of women, such as citizens, metics, alien and native sex workers, and slaves interacted with law enforcement and the extent to which these groups had access to key institutions in the Athenian Democracy
For the first time throws some light upon several fascinating fragments, like the two speeches Against Aristagora, or the case against Timandra
Discusses the recent suggestion of a "witch-hunt" in 4th century Athens

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.

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.

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