Writing Greek Law

American Journal of Philology 130 (3):457-458 (2009)
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Abstract

For three decades Michael Gagarin has been recognized as one of the foremost authorities on the development of written law in archaic Greece, thanks in part to several important articles but especially due to his monographs from the 1980s, the exhaustive study of Draco's homicide law, and his seminal book, Early Greek Law. Particularly in the latter work, Gagarin pioneered the examination of early Greek law as a subject for which the insights of legal anthropology could prove useful, and he steered the scholarly conversation on the topic away from the legal formalist and normativist approaches that had prevailed in much of the earlier literature, especially in Continental scholarship. Gagarin emphasized the informal nature of dispute settlement before written law and demonstrated the important role played by the pressure of public opinion in the early poleis. Additionally, Gagarin argued that there was no law in any real sense before the advent of written law, as there were no means to "recognize" what was a law and what was not. While neither his conclusions nor his methods have met with universal acclaim, there can be little doubt of the influence of Gagarin's ideas on the study of early Greek law.

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