Ancient Greek and Roman Law Professor John Rothchild Examples of paper topics Paper topics selected by previous students: Literature and Law in Ancient Greece “Ancient Greece is replete with examples of how the written law developed with a strong literary influence. By exploring literature as a reflection of law rather than an isolated subject, the legal scholar may become more adept at his field.” The Meaning of Lawlessness in Ancient Athens “I submit that the concept of lawlessness could hold at least two concrete meanings for the ancient Athenians: (1) the breakdown of divine law or the law of the gods, and (2) the breakdown of civil law or the law of the polis, which might go hand in hand with a neglect of tradition and custom.” Let’s Make Democracy Popular Again: Putting Ourselves Back in Self-Government [argues for a federal law establishing a national referendum or initiative system, implemented using Internet technology, and modeled on the Athenian direct democracy] The Dangers of Direct Democracy: A Critical Analysis of Athenian Lawmaking during the Classical Period [a critique of the Athenian system of direct democracy from the standpoint of arriving at the correct decision, protecting of interests of the minority, and reflecting the true will of the majority] A Critique of Benjamin Constant’s “Liberty of the Ancients Compared with That of the Moderns” “I argue that Constant’s distinction, which I feel separates the two types of liberty into separate and distinct time periods according to the economies they serve, holds true only in general terms, failing to recognize some finer points that illustrate that the ancients did enjoy some of the liberty enjoyed by the moderns and the moderns currently enjoy some of the freedom enjoyed by the ancients.” The Roman Origins of Three Pillars of United States Jurisprudence: The Confrontation Clause, the Presumption of Innocence and the Writ of Habeas Corpus [identifies and discusses the Roman sources of these doctrines of US law] Polybius and the Origin of the Separation of Powers: Form versus Function “I will argue in this essay that the works of the ancient Greek historian, Polybius, played a centrally important role to the creation of a functioning system of government in the United States, that but for such writings the existence of such a system in our country
today would indeed be questionable, and finally that the import of Polybius’ works continue to be relevant to the operation of the American government to the present day.” Social Values as Reflected by Differences in Greek and Roman Law [discusses “how some aspects of the methods of performing justice” under the Athenian and Roman trial systems “can be seen to reflect the differences in these ancient societies themselves, linking their ideas on how trials should be run with their general views on the role of society”] Athenian Versus American: The Legal Standing Requirement argues that “ancient Athenian dike standing requirements could provide a better, less complicated form of standing requirement for the modern American legal system’ Civil Disobedience in Ancient Athens “Here I will attempt to discern the view of ancient Athenians on civil disobedience.” Mob Law: A Study in Direct Democracy [argues against using modern technology to implement direct democracy on a national scale in the US] Slave Law of Ancient Rome and Early America: A Comparative Analysis “This paper will comparatively analyze the slave law of early America (1750-1865) with that of Ancient Rome, particularly the Roman Empire.” Some other paper topic ideas: Federalist No. 55 states: “Had every Athenian citizen been a Socrates, every Athenian assembly would still have been a mob.” To what extent did the Athenian Ekklesia behave like a mob? Is the history of the Ekklesia a good argument against direct democracy? Evaluate the influence of the Athenian constitution and Athenian history on the Framers’ thinking, by reference to the Federalist Papers. Compare the system of checks and balances under the Athenian or Roman constitution with that under the U.S. Constitution. Analyze the evolution of checks and balances from Solon’s constitution, through Ephialtes’s reforms, and through the Roman Republic and Empire. The Athenian liturgy as a tax system. The graphe paranomon and legislative immunity are diametrically opposed institutions: liability of a legislator for anything he proposes, vs. legislative immunity. How does each make sense in the context of its own constitution?
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Compare the Athenian system of public cases being brought by any citizen who wished, with the modern idea of private attorneys general, and the limitations imposed by the standing requirement. Compare modern qui tam actions with reward actions, like phasis and apographe. Citations of Roman Law by the U.S. Supreme Court.
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