The Rule of Law as the Measure of Political Legitimacy in the Greek City States

  title={The Rule of Law as the Measure of Political Legitimacy in the Greek City States},
  author={Mirko Canevaro},
  journal={Hague Journal on the Rule of Law},
  • Mirko Canevaro
  • Published 11 May 2017
  • Law, History
  • Hague Journal on the Rule of Law
This paper explores how a conception of the rule of law (embodied in a variety of legal and political institutions) came to affirm itself in the world of the ancient Greek city states. It argues that such a conception, formulated in opposition to the arbitrary rule of man, was to a large extent consistent with modern ideas of the rule of law as a constraint to political power, and to their Fullerian requirements of formal legality, as well as to requirements of due process. The article then… 

The Rule of Law and the Rule of Men: History, Legacy, Obscurity

  • J. Sempill
  • History
    Hague Journal on the Rule of Law
  • 2020
The distinction between “the rule of law” and “the rule of men” is still in use, after more than two and a half thousand years. It is well known that Aristotle’s aphorism extols government according

Language and Rule of Law in Classical Athens

Concern about the quality of laws did not begin in the Modern Age, nor was the Enlightenment the only period in which reflection on legislation flourished. As a matter of fact, the topic of

Living with the Rules: Gender and the Rule of Law in Herodotus’ Histories

What does “the rule of law” mean to an ancient historian, Herodotus? This paper uses modern legal theories and a sociological model to consider how he presents the concept in his Histories. The

“Living as One Wishes” in Athens: The (Anti-)Democratic Polemics

IN THE LONG-RUNNING DEBATE about Greek political ideals and the extent of individual liberty in the Athenian democracy, scholars have taken numerous positions, not infrequently founded upon

Formation of the Idea of Natural Law in Ancient Greece and Ancient Rome

The article analyzes the formation of the idea of natural law, which has an important theoretical and applied significance, as it makes it possible to better understand the essence of law, its

Judicial Independence Under Authoritarian Rule: An Institutional Approach to the Legal Tradition of the West

The autonomy of legal institutions is put on the most severe test when they are under attack by other organs of the state. The article discusses the Western legal tradition from an institutional

Athens and the Rule of Law: An Essay in Honour of Martin Krygier

  • P. Pettit
  • Law, History
    Hague Journal on the Rule of Law
  • 2019
Classical Athens is often held up as a model of the rule of law. But while it did give law central and significant role in its public life, it did not have the institutional resources needed to

“Fear (not)!” – Emotion and Ethics in Deuteronomy

Fear is an emotion that is often expressed in a bodily reaction and that frequently leads to a concrete action. It is thus notsurprising that the conceptualization of fear in the book of Deuteronomy

You Say it Best When You Say Nothing At All: “[the Rule of Law]”

In this paper, I consider the way that ‘the Rule of Law’ is, or is not, deployed in both theoretical conceptions and apex courts' decisions. Where many early Rule of Law conceptions did not use ‘the

Adeia in Fifth-Century Athens

Abstract This article discusses the rationale of adeia (immunity) in the fifth-century Athenian legal system. It argues that adeia was designed to grant a temporary suspension of the effect of a law



Democracy, Solidarity, and the Rule of Law: Lessons from Athens

This Article applies lessons from democratic Athens of the fifth and fourth centuries B.C.E. to shed light on contemporary theories about the rule of law, popular constitutionalism, and transitional

The Authority of Law: Essays on Law and Morality

This book is concerned with the nature of law and its relation to morality, concentrating on the proper moral attitude of a citizen towards the law of his country. The author begins by presenting a

The Shape of Athenian Law

Unlike its predecessors, this systematic survey of the law of Athens is based on explicit discussion of how the subject might be studied; and it incorporates topics like the democratic political

On the Rule of Law: History, Politics, Theory

The rule of law is the most important political ideal today, yet there is much confusion about what it means and how it works. This 2004 book explores the history, politics, and theory surrounding

The Rule of Law and the Importance of Procedure

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like

The History and Elements of the Rule of Law

This Public Lecture, delivered at the Singapore Academy of Law, provides an overview of the history and elements of the rule of law. I begin with a definition of the rule of law, and I elaborate on

Mass and Elite in Democratic Athens: Rhetoric, Ideology, and the Power of the People

This book asks an important question often ignored by ancient historians and political scientists alike: Why did Athenian democracy work as well and for as long as it did? Josiah Ober seeks the

Ancient and Modern Conceptions of the Rule of Law

  • Sara Forsdyke
  • Law, History
    Ancient Greek History and Contemporary Social Science
  • 2018
This chapter provides a definition of the contested concept of the rule of law and suggests that it consists of three components: legal supremacy, legal equality and legal certainty. The chapter

The Litigious Athenian

The democratic revolution that swept Classical Athens transformed the role of law in Athenian society. The legal process and the popular courts took on new and expanded roles in civic life. Although

Ancient Greek tyranny : a new phenomenon or a new name for an old phenomenon?

The standard view of Greek tyranny is that it was a unique phenomenon in the ancient Greek world, representing neither continuity nor a long-lived institution. The turannoi are generally described as