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CLA160H1 (43)

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Jacqueline Brunning

Jan. 28, 2013 Lawmaking - all kind of different communites - law making= rule making - code of behaviour, members of particular group to follow… many of the behaviours are implicit. - share values, ethics and customs shaping behaviours. - law making proper in the sense of actually sitting down and deal with deviant behaviour comes about result of conflicts and transgression in commonly held values and norms - studying ancient law codes give us sense of what problems were encountered - different problems are important to solve. - law code- civil: related to private affiars of citizens ex. inherience law, property, family laws. - criminal: crimes, and action countered to public rules (state governs) - as of appearance of sophistifated political structure, appearance of law codes and many years of development and organization took place in society. - seeing law code written down, it’s a clue tht a long process of negotiating rules have already taken place. - it’s the identity of the authorities* (individuala or group) and how long and in what basis that person or group was authoritative) - in greek mind, ultimate authority figure wa Zeus* - Hesiod (works and days) he talks about this. prime law giver and deals out retribution to act unjustly - he talks about DIKE** (rights and justice) which Zeus dispenses to whom governed and personfied as a goddess who sits on his right hand indentify whos ciminal and whos right. - hesiod particularly talks about his association with his brother Perses. - good and bad is how Hesiod sees how it works and how Zeus is in charge of everything and that right always wins at the end (this is however an assumption) - since dike/justice came directly from zeus, judgements/law stands from this divine justice. - words were the same. Zeus as ultimate law giver view human law giver with the same power - ratifiying treaties conform oath where they promised to zeus to uphold the laws. - fine to break a law was paid into the temple tresury (an offering to zeus)- not just against human laws but also divine laws of justice - fornara 25, zeus guards sanctity of the law code and other gods are other invoked (formanar 33) invokes apollo. - more human level, certain institution of las are credited to heroic law givers of the distance past - historical figure lived about sense, set heroic law givers ae traditional fairytale givers occupied legndary roles (wise men, dively appointment man, man solving social//political conflicts) - in this category falls LYCURGOS* and theres many versions of his life. - significant sotries about him… because so many sotries circulated about his life. when modern historians came along, in the 18-19th C, they dcided that it was made up. -_- so, he was tended to be regarded as a composite hero who invented out of other stories and he wasn’t real. - at Sparta, he had a hero shrine… thus spartan believed he was an important figure. - have to look at what the spartans value and how he was the original lawgiver. wheterh actual or not, he was important and things credited to him gave clues about themsleves. - what it mean to be spartan and constitution which the great hero has set up- born into and buying into-- being spartan- giving mentality and values and underlying culture helping explain their choices and actions in the later years. - according to aristotle, lycrus was conteporary IPHITOS* and help set up treaty to allow olympic games to be held in peace and security. thus, greeks set aside their fights to participate their panhellenic games. - he associated one of those important marking points in history. - Lycurgos… lived HERACLIDAI (1100 BC)… dates were different as well. - some historians associate with kings with sparta (herodotus was one of them)EURYSTHENIDS AND PROCLIDS* - but he doesn’t appear on the king list. meaning that he didn’t rule as a king himself. - instead, the story is that sparta was lawless and dangerous in time and newly arrived wer ein place but no public institution to govern the new realm. - oth wanted to control the state individually. trying to work for tyranny causing problem and constant fighting. - he was caught up on royal feuding. trying to get out of the constant fighting, he left and set up great wondering aroudn the world. (fixture of the heroic story) - because heros travel. thus he did too. on his journey he visited Crete and visited king minos (who built the labrinyth). he also visited homer in ionia (asia minor) and found about stories of heroes, visited egpty, lybia. egtpy (ancient wisdom) and they had a lot to offer with statecrat, knowedlge and secret wisdom. and far as lybria. as far west as any human being had every gone. thus he visited all the far ends and visite the wisemans of that day - importance of that story is that this is a hero story. activity of a hero and also idea of traveling and acquring knowedlge with real greeks living in the greek arahci pierod. - setting up colonies in new places coming to meet strange people. - we see this in herodotus (who travelled to egtpy, mespotamia) reciting his story to different polis. - it’s a patter nof heoric patterns and real greeks. thus, historical - whats the pattern do? increase someone's authority. getting wise- elevate person into a status of philsoopher of being mystical and being widely traveled. your'e authority goes up and status goes up in the world. having a travel makes him a greater law giver. - when he turned to sparta, he was the only person possibly able to remedy the situation and repari and set up the state and round up peacefully. - not uniformly acceptable and violence… but eventually his reforms went out and set up spartan… swear oath to follow his law and departed vountary exile. this meant spartan continue and never return. - because he never returned, he was able to say he was a hero and venerated with divine honors. Herodotus tells us few things: - before this, sprtan worst govern and no dealing with strangers. but changed to good government - connection to crete (law from king minos) association with royal family (nephew being king) and priestess pondering wehtehr he was a god or a man… changed all the laws and established affairs. - ephors leading magistrates, the equivalent of the senate* in every greek states Great Rhetrahow spartan imagine its been set up Helots Homoioi spartan army Syssitia those are the mass halls. reforming the war making of the spartan. famous set up where full spartans train for war and lived in commons- lived in the mass hall, the syssitia Agoge training- boy… where the brutality went on Sparta tryign to take over messinia. because it was ecnomically advantagous. and at the same time, citizens were greedy and their arugments of controlling the goods tore the state up. so messinia subjeugated as helots (surf population, endagered slaves) strict control developed over the spartans. full citines were to have no distinction with wealth between them the Homoioi (equals) removed trapping of wealth in order to stop state to be torn apart by competition. citizens want to coempte, being the best warrior was how to display their best. thus, they trained for war their whole entire life. spartan lived in sparta and ate at the mass hall. thus education, family life, private and public wealth were radically altered over time. this took a long time. sparta in 7th C produced extremely expensive luxtury and metal wares (in gaul, france, switzerland). eviednce of the poetry, women in sparta enjoyed luxtury items such as assessories, hair, and jewlery. development of sparta later on, that wasn’t an instant change. this is one of the things shcolars talk about the spartan merage. these are more part of the story . story of what sparta was… didn’t just stop at lycrugos but continued on. constructing the past from themsleves. thus, you don’t gt sprtans until you get to the classicla period. this is where 'spartan's appear on the scene. getting to that point wasa long development process. conqurent with developments of sparta were dfiferent in greek worlds, like athens. Aristotle- Politics 408-409 BC - text of the roginal homocide law by draco 621 BC. this law code as of constituional setup, hoocide law is concenred with sepcific things happening at athens its not a philosophical exercise in an ideal law. - it gives penalities and note that the basis of this law was in clan govenrnance. - frequent reference to faily members taking control of the si
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