A Commentary on Selected Speeches of Isaios by Brenda Griffith-Williams

By Brenda Griffith-Williams

In A remark on chosen Speeches of Isaios, Brenda Griffith-Williams bargains a clean perception, obtainable to non-Greek readers, into 4 disputed inheritance circumstances from the Athenian courts within the 4th century B.C. the single entire English language statement on Isaios (Wyse, 1904) displays a unfavourable view of the Athenian felony method as one during which the judges, who had no felony education, might be simply outwitted by way of an unscrupulous speechwriter with out regard for the reality. via addressing the complicated interaction of actual, criminal, and rhetorical matters within the chosen speeches, Brenda Griffith-Williams identifies the strengths and weaknesses of every speaker's case and provides a extra balanced review of Isaios's paintings.

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If the rites are not properly performed or are performed by the wrong person, no relation is 66 Pace Rhodes (2004), 146: “[Isa. ” 67 See, especially, pp. 95–96. 68 Baynes v. Hedger and others [2008] EWHC 1587 (Ch) (14 July 2008), a claim under the Inheritance (Family and Dependants) Act 1975. The published judgment includes a section headed ‘Any other relevant matters including conduct’. 69 For a modern discussion of the relationship between custom and law, see Hart (1994), 44–48. 70 This led to a strong obligation on the childless Hindu to adopt, so that an heir would be in place to carry out the funeral rites.

General introduction 23 to be more convinced by one party’s case than the other’s. It might, of course, be in the interest of a litigant, especially one with a weak case, to adduce evidence of doubtful relevance, and to exaggerate its probative force. 74 So it would hardly be surprising if some of the Athenian dikastai were sometimes taken in, or if they were on occasions swayed by a logographer’s appeals to their emotions rather than their intellect, but that is no reason to conclude that cases in the Athenian courts were regularly decided on moral rather than legal grounds, or that modern legal systems, with their greater professionalism, are necessarily superior.

3, which Wyse adduces in support of the supposed bias of the dikastai in favour of kinship, suggests no more than that they were suspicious of wills because of the numerous forgeries produced in court: “Why do they vote in some dikastēria for kinsmen rather than wills? ” The verbal echoes of Isa. 41 may suggest that this line of reasoning had become commonplace in inheritance speeches. 22. ” Fuller v Strum [2001] EWCA Civ 1879 (7 December 2001). Cf. Isa. ” 52 §9 Wills Act 1837, as amended; discussed by Sawyer (1998), 77–108.

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