Study Questions 1 GC - Rajpreet Bal 214923783 Sept 26th...

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Rajpreet Bal 214923783 Sept 26 th , 2016 Faculty of Liberal Arts & Professional,York University Law and Morality In Literature and Culture AP/HUMA 1825 – 2016-2017 David Cohen’s Study of Law in Ancient Greece 1. There are many features of the institution of law that we take for granted today, which were absent in the ancient Athens. Today we have developed a legal system, where we depend on our federal system. In the ancient Athens the people used to depend on the people of the city, so there was no government. "Athenian litigation by its very nature seldom depended upon arguments about statutory interpretation or legal doctrine"(Cohen,1995, p.61). There were very few laws that were written down and most laws were customs and were controversial. Laws today help us protect our rights and freedoms. If someone has committed a crime in Canada, they have committed the crime against the state. In ancient Athens, when a crime was committed, they had committed the crime against the person, not the state. "Athenian citizens, as women, slaves, foreigners, and certain social outcasts were excluded"( Cohen,1995, p.64). During Athens time, men had power over everything, but in today's society there are women rights and equality rights, so no one is excluded. Nowadays there is a procedure in order for a trial to occur, such as having a judge, jury, and a lawyer. Back in the days it was the "values of the mass courts of untrained citizen-judges"( Cohen,1995, p.87). It was up to the citizens to decide who won. It was based upon reputation and popularity. When one decided who would win, they would think to themselves "who was the best for society, or who is going to build my power, and/or who is better." There was no formal training due to the fact they had no laws written down. All of these trials were civil trials. During these rapid trials, there were no deliberations, people in the city did not have time to deliberate on what they thought they had to decide in a little bit of time. The Athens was a society "where prosecution is only by private initiative, where everyone knows that individuals seek revenge and pursue feuding relations through the courts, where there is no cross-examination of witnesses or expert evaluation of evidence, where the trial is of extremely limited duration and confined to two opposing speeches..."( Cohen,1995, p.105). Character was subjective, no one would know who was telling the truth or who was lying. There was no hearsay evidence which could have determined that the statement that was made by the witness is true or not. These days we have something called cross-examination, which is very important during a trial. In Athens time there was no cross-examination, so the people of the city did not find out what the alter motive was and what were the facts. It also included not having any objections in

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