Orators -- Greece; Oratory, Ancient; Speeches, addresses, etc., Greek -- History and criticism
Isaeus is our chief authority for the Attic Laws of inheritance.[156]
These laws were often arbitrary, and though they were to some extent
simplified by the fact that a man who had sons could not legally will his
property away from them, the intricacies of tables of consanguinity were
so complex that only a specialist could be expected to have a complete
mastery of them. There was no class of professional lawyers at Athens;
the Attic Laws were very largely framed by amateurs, of which we have
evidence in the number of recorded cases in which the proposers of laws
were prosecuted for illegality, _i.e._ for enacting laws contrary to
laws already established; and as the framing of them was a matter of
haphazard improvisation, so their interpretation was often a question of
the temper of the jury for the moment. No doubt some record of verdicts
was kept, but the Athenians had no great respect for precedent, or at any
rate could not make full use of it in the lack of professional judges who
should be experts in such matters. Thus there were great opportunities
for a man like Isaeus, who combined a minute knowledge of law and
procedure with skill in applying his knowledge; who could quote at will
either the law or precedent for departing from its letter, and, where
the wording of the law left any room for ambiguous interpretation, could
twist the meaning to one side or the other to suit his case.
The particular branch of law which Isaeus chose as his special
province was important owing to the large number of cases dealing with
inheritances which seem to have come before the Athenian Courts, and
these cases were often in themselves important owing to the religious
significance of the fact of inheritance. An Athenian desired to leave
behind him a male heir not only that his property might remain in the
family, but that the family might have a representative who should carry
on the private worship of the household gods, and in particular should
duly perform the funeral rites of the testator and offer all the proper
sacrifices at his grave. Heirship, therefore, carried with it certain
definite religious duties, and a man who had no child living usually
ensured the continuity of the family worship by adopting a son either in
his lifetime or by will.
Public-domain text, read in full here on John Shaqi.
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