This article argues that attention to the expressive function of law suggests that the Athenian laws prohibiting former prostitutes from active political participation may have had a much broader practical impact than previously thought. By changing the social meaning of homosexual pederasty, these laws influenced norms regarding purely private conduct and reached beyond the limited number of politically active citizens likely to be prosecuted under the law. Some appear to have become more careful about courting in public while others adopted (...) a conception of chaste pederasty that would not run afoul of the law. The prostitution laws may also have provoked resistance among a particular subset of elites, the apragmones, contributing to this group's deliberate disengagement from public affairs. (shrink)

Este artículo explora el potencial persuasivo de los imperativos y las preguntas en los discursos de Esquines y Demóstenes. Los imperativos tienen una fuerza directiva volitiva en que invitan a la audiencia a tomar medidas, ya sea bloqueando al adversario del orador para que no haga una declaración o votando en contra de él. El uso de una alta concentración de preguntas retóricas en momentos específicos en los discursos se convierte en una herramienta poderosa: tanto al articular un ataque implacable (...) contra el oponente, como al no dar al público un respiro en el cual considere defectos en la posición del hablante. (shrink)

This article argues we can better interpret key aspects of Plato's Phaedo, including Socrates' cryptic final words, if we read the dialogue against the background of Greek manumission. I first discuss modes of manumission in ancient Greece, showing that the frequent participation of healing gods (Apollo, Asklepios, and Sarapis) reveals a conception of manumission as “healing.” I next examine Plato's use of manumission and slavery as metaphors, arguing that Plato uses the language of slavery in two main ways: like real (...) slavery, metaphorical slavery could be good, if it reflected a natural hierarchy, or bad, if it entailed an inversion thereof. Accordingly, metaphorical manumission from good and bad “slavery” are shown to be bad and good, respectively. Finally, I reread Plato's Phaedo, showing that Socrates, a willing “slave” of the gods, seeks the “manumission”/healing of his soul. It is in exchange for his complete “manumission,” attainable only through the death of his body, that Socrates offers a cock to the healing/manumission god Asklepios. (shrink)

Current discussions of hermeneutical injustice, I argue, poorly characterise the cognitive state of victims by failing to account for the communicative success that victims have when they describe their experience to other similarly situated persons. I argue that victims, especially when they suffer moral wrongs that are yet unnamed, are able (1) to grasp certain salient aspects of the wrong they experience and (2) to cultivate the ability to identify instances of the wrong in virtue of moral emotions. By moral (...) emotions I mean emotions like indignation that reflect an agent’s ethical commitments and bear on her ethical assessments. Further, I argue that victims can impart their partial understanding of the wrong they suffer to others who are not similarly situated by eliciting moral emotions such as pity that are tied to broad notions of justice and fairness. (shrink)

Speeches and persuasion dominate Plato’s Crito. This paper, paying particular attention to the final passage in the dialogue, shows that the focus on speeches, persuasion and allusions to many other elements of rhetoric is an integral part of Plato’s severe criticism of democracy, one of the main points of the Crito. Speeches allow members of a democracy – represented in our dialogue by Crito – firstly to break the law for self-interested reasons while considering themselves still to be law-abiding citizens, (...) and secondly to feel that they are in a tolerant society preferring logos/persuasive speech above bia/compulsion. Socrates counters Crito’s speeches with speeches of his own, not only to defeat him at his own game, but also to make him aware how dangerous the game is. Real knowledge is preferable to speeches, but a democracy without speeches and rhetoric is doomed. (shrink)

Many of Menander's comedies are structured according to a rape plot pattern in which a young Athenian citizen usually rapes and impregnates a female citizen prior to the opening of the play. In most cases, the rape leads to a happy ending: the marriage of the rapist and victim. This casual treatment of rape is striking because in all other respects Menander's plays are not only scrupulously faithful to Athenian law, they also use Athenian legal and social norms as their (...) own generic conventions. Although the rape of a female citizen was a serious oense in Athenian law, potentially punishable with death, and a flagrant violation of the norms of Athenian citizenship, Menandrian comedy never morally or legally problematizes rape. This study considers how the comedies neutralize the potential legal signicance of rape and what this tells us about Athenian law and the ideology of democratic citizenship. It argues that by portraying a neutral form of rape, Menander's comedies implicitly articulate those factors which had the potential to bring "rape" within the purview of Athenian legal discourse. Menandrian Comedy's strategic fidelity to the norms of Athenian citizenship also tells us something about the gender ideology of Athenian democratic citizenship, that is, the ways in which relations between the sexes support and sustain civic relations between men in Athenian political culture and democratic ideology. While Menander's romantic plots uphold the laws of citizen marriage, they do not passively enact the legal constructs. In one common variant of the rape plot, the gendered construction of citizenship embedded in Athenian law is specically conjoined to democratic norms. In this type of play, a wealthy young citizen rapes and eventually marries the daughter of a seemingly poor citizen. By using rape to generate matrimonial unions between the rich and the poor, these plays extend democratic norms into the social arena. The formation of marriages across class lines disrupts the eects of intergenerationality in reproducing social and economic inequalities. (shrink)

This paper seeks to give a more precise grounding to the question of relevance in Athenian forensic argument with a specific focus on the speeches delivered by Aeschines and Demosthenes in the case On the Crown. I argue that in Athenian litigation relevance can be determined quite precisely by the specific terms of the accusation, and that the litigants are well aware of this standard and take care to make their arguments relevant or to justify them if they may appear (...) to be “outside the issue.” Because all the issues specified in the accusation are legally relevant, the distinction commonly drawn between legal and political arguments has no place in a discussion of relevance. The effect of this rule of relevance, I argue, is not to promote fairness but to increase the advantage enjoyed by the plaintiff. I conclude with a few observations on the Athenian view of law which, I suggest, was considerably broader than ours. (shrink)

Normal 0 21 false false false PT-BR X-NONE X-NONE MicrosoftInternetExplorer4 Le concept de loi socratique a depuis toujours été l´objet decontroverses, principalement en raison des tentatives pour expliquerson attitude lors de son jugement, son emprisonnementet son exécution. Toute la difficulté de concilier entreeux les différents textes sur la philosophie et la vie de Socrate,naturellement ressort à propos des circonstances de sa condamnationet de sa mort. Si, dans l´état actuel de notre documentation,il paraît impossible d´apporter une solution définitive,néanmoins une possibilité d´en (...) atténuer les contradictions résidedans l´examen du fonctionnement de la méthode socratiqueà partir de ses fondements: le dialogue comme moyend´un accord, non seulement entre les citoyens d´Athènes,mais entre ceux-ci et le propre ordre universel, lequel se dessineda la recherche humaine de la justice et du bien commun. (shrink)