"The Discovery of the Fact draws on expertise from lawyers, historians of philosophy, and scholars of classical studies and ancient history, to take a very modern perspective on an underexplored but essential domain of ancient legal history. Everyone is familiar with courts as adjudicators of facts. But legal institutions also played an essential role in the emergence of the notion of the fact, and contributed in a vital way to commonplace understandings of what is knowable and what is not. These issues have a particular importance in ancient Greece and Rome, the first western societies in which state law and state institutions of dispute resolution visibly play a decisive role in ordinary social and economic relations. The Discovery of the Fact investigates, historically and comparatively, the relationships among the law, legal institutions, and the boundaries of knowledge in classical Greece and Rome. Societies wanted citizens to conform to the law, but how could this be insured? On what foundation did ancient courts and institutions base their decisions, and how did they represent the reasoning behind their decisions when announcing them? Slaves were owned like things, and yet they had minds that ancients conceded were essentially unknowable. What was to be done? And where has the boundary been drawn between questions of law and questions of fact when designing processes of dispute resolution?"-- Provided by publisher.
"This volume assembles papers from a seminar in which speakers were invited to respond to the robust historical landscape here described ... The volume as whole, however, seeks to make two substantial claims, for ancient legal history as a domain for the study of the history of knowledge and, recursively, for the relevance of questions of historical epistemology to ancient legal history."--ECIP Introduction.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Introduction : The Discovery of the Fact / Clifford Ando Were the Ancient Greeks Epistemic Democrats? / Daniela Cammack The Legal Construction of the Fact, between Rhetoric and Roman Law / Nicolas Cornu Thénard Legal Knowledge in Gortyn: Debt Bondage and the Liability of Slaves in Gortynian Law / David M. Lewis Free in Fact? : Legal Status and State in the Suits for Freedom / Nicole Giannella Gossip, Slander, Hearsay, Truth : Oral Evidence in Athenian Courts / Esther Eidinow Truth and Athenian Court Verdicts / Adriaan Lanni The Certainty of Documents : Records of Proceedings as Guarantors of Memory in Political and Legal Argument / Clifford Ando Fact as Law: An Archaeology of Legal Realism / Pierre Thévenin.
Source of Description
Description based on online resource; title from digital title page (viewed on September 09, 2020).
Available in Other Form
Print version: Discovery of the fact (Conference) (2016 : University of Chicago) The discovery of the fact Ann Arbor : University of Michigan Press, 2020.