The procedure of Demosthenes’ Against Leptines: How to repeal (and replace) an existing law

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Abstract

This article reassesses the public action against an inappropriate law in the context of the Athenian nomothesia procedures. It argues that this action could be used 1) against the proponent of a law that had been enacted without following the correct procedures, or without repealing contradictory laws, or 2) against a contradictory law within the nomothesia procedure to enact a new one. It sheds new light on the importance of the plaint in Athenian legal procedure, on the role of presiding magistrate at the anakrisis, and on the concerns that shaped the procedure of nomothesia.
Original languageEnglish
Pages (from-to)39-58
Number of pages20
JournalJournal of Hellenic Studies
Volume136
DOIs
Publication statusPublished - 13 Dec 2016

Keywords

  • Athenian nomothesia
  • Leptines
  • judicial review
  • Demosthenes

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