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

Mirko Canevaro

doi:10.1017/S0075426916000045

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

Research output: Contribution to journal › Article › peer-review

Abstract / Description of output

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 language	English
Pages (from-to)	39-58
Number of pages	20
Journal	The Journal of Hellenic Studies (JHS)
Volume	136
DOIs	https://doi.org/10.1017/S0075426916000045
Publication status	Published - 13 Dec 2016

Keywords / Materials (for Non-textual outputs)

Athenian nomothesia
Leptines
judicial review
Demosthenes

Access to Document

10.1017/S0075426916000045

The procedure of Demosthenes’ Against Leptines: how to repeal (and replace) an existing law
© The procedure of Demosthenes’ Against Leptines: how to repeal (and replace) an existing law. / Canevaro, Mirko. In: Journal of Hellenic Studies, Vol. 136, 2016.
Accepted author manuscript, 359 KB

Cite this

@article{d98273a076f24a03a92fdb0db3be73f6,

title = "The procedure of Demosthenes{\textquoteright} Against Leptines: How to repeal (and replace) an existing law",

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.",

keywords = "Athenian nomothesia, Leptines, judicial review, Demosthenes",

author = "Mirko Canevaro",

year = "2016",

month = dec,

day = "13",

doi = "10.1017/S0075426916000045",

language = "English",

volume = "136",

pages = "39--58",

journal = "The Journal of Hellenic Studies (JHS)",

issn = "0075-4269",

publisher = "Cambridge University Press",

}

TY - JOUR

T1 - The procedure of Demosthenes’ Against Leptines

T2 - How to repeal (and replace) an existing law

AU - Canevaro, Mirko

PY - 2016/12/13

Y1 - 2016/12/13

N2 - 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.

AB - 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.

KW - Athenian nomothesia

KW - Leptines

KW - judicial review

KW - Demosthenes

U2 - 10.1017/S0075426916000045

DO - 10.1017/S0075426916000045

M3 - Article

SN - 0075-4269

VL - 136

SP - 39

EP - 58

JO - The Journal of Hellenic Studies (JHS)

JF - The Journal of Hellenic Studies (JHS)

ER -