2016 ISSEI conference, Łódź What’s Not New in the New Europe

What’s Not New in the New Europe: Ancient Answers to Modern Questions

A workshop at the ‘What’s New in the New Europe? Redefining Culture, Politics, Identity’ conference organized by The International Society for the Study of European Ideas and the University of Łódź, 11-15th July 2016, Łódź, Poland. Chair: Jakub Filonik ([email protected])

Introduction: Crisis has as long a history as the records that reveal to us the life of past societies. A number of the issues that now constitute ‘Europe at the crossroads’, as it is commonly seen in 2016, were present in antiquity, sometimes in quite similar but sometimes in utterly different forms. Back then, people likewise faced numerous threats to their life and livelihood, and felt the need to defend the social and political entities that defined them. They lived in a world of constant economic crises, wars, destruction of entire cities, migration, and social instability. The remedies for these pressing issues and their causes were the subject of public deliberation and theoretical reflection, in a constant search for a more stable and viable political order.

Rather than simply idealizing the ‘wisdom of the Greeks’, this workshop seeks to identify those of the ancient experiences that can be fruitfully compared with the challenges lying ahead of modern Europe, along with their causes and proposed solutions. How, then, did the Greeks deal with their own crises? Given their political assumptions and realities, what would they have made of the ‘European experience’ today, and would their solutions be acceptable to us? Is there anything in particular in their answers that should now be followed or, to the contrary, avoided? The three main themes which emerge from these questions form the basis of our three panels.

Panels – summary: In the first panel, ‘Crisis and society’, which discusses societal instability and its socio- political outcomes, our keynote speaker, Lene Rubinstein confronts the life of modern refugees, particularly women and children, with their ancient counterparts. She explores the abuse such individuals and groups faced in ancient and investigates the emergence of political institutions of democratic developed with the aim of protecting them. Brenda Griffith-Williams extends such comparisons to all migrants to examine the taxation of groups politically unrepresented in Athens and today due to their inability to vote, and discusses various forms of prejudice against them. Christian Thomsen explores the way in which the Greek world after 323 BCE changed from the community of citizens to that of inhabitants, where citizen status was no longer crucial to people’s shared identities, and tries to distinguish the reasons behind this change. Valentina Arena compares three ancient civilizations – those of the Near East (Hurrian and Hittite), archaic Greece, and Rome at the turn of the republic and Principate – and the way they approached societal crises linked to debt slavery through public discourse reflected in literary tradition. Finally, Georgina White debates whether Athenian liturgies, a form of private support for the state and communal activities, can serve as a model for contemporary ‘philanthrocapitalism’, and discusses its limitations.

The second panel, ‘(Never-)ending wars’, is focused around the ubiquity of wars in the ancient Greek world along with the cultural changes that accompanied them and the proposed solutions to end various military conflicts, ancient and modern. Aleksandra Porada asks in her

1 2016 ISSEI conference, Łódź What’s Not New in the New Europe paper what is it that makes people rebel, and discusses the various answers to this question put forward by ancient authors by comparing them with theories in contemporary social sciences. Janek Kucharski discusses modern war legislation with reference to individuals who claimed to have had no choice during the short and bloody rule of a military junta of the so-called ‘Thirty’ in late 5th-century BCE Athens, asking about the extent of personal responsibility and the possible consequences of disobedience at that time. Anthi Dipla looks into the representation of women in the visual arts at the time of the Peloponnesian War, and investigates how the prevalent ideas about societal relations and gender roles may have changed as a response to military conflicts and social instability. Joanna Janik explores the ideas propounded by the 4th-century BCE thinker for joint military expeditions and the common identity of all Greeks forged in opposition to the ‘barbarians’, and examines their possible implications for political discourse and practice. Lastly, Andrea Scarpato discusses the extent to which the idea of solidarity and international law can be successfully employed in interstate relations, based on a new interpretation of the dealings between Hellenistic empires.

The third and last panel, ‘Redefining fundamentals’, explores ideological response to crisis and change and conceptual (re)foundations of the societies experiencing them. Mirko Canevaro asks whether we should extrapolate the modern pluralistic vision of democratic deliberation to ancient Greek , where unanimity and consensus in public decision- making were crucial factors in political thinking and practice. Jakub Filonik discusses the key differences between the ancient Greek and modern conceptualizations of freedom in a and their role in emphasizing people’s identities in political . Michał Bizoń explores the extent of the ‘political’ in Plato’s Republic and how his concepts of degeneration of constitutions, freedom, and soul may be relevant to modern political thinking. In the finale, Michał Zacharski investigates the notion of mens rea (‘guilty mind’) in various modern legal systems and identifies the problems it entails by comparing it to the conceptions of intentionality present in the laws of ancient Athens.

See the following pages for a list of abstracts (in alphabetical order of authors’ surnames) and a separate list of the main sources and references to each paper on p. 12.

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Keynote Speaker: Lene Rubinstein (Royal Holloway, UoL)

Female and child refugees: an Athenian perspective

According to UNHCR statistics, children under 18 made up 51% of the world's refugees in 2014. UNICEF, drawing on figures from Eurostat, noted that no fewer than 214,000 children under 18 sought asylum in the European Union between January and September 2015. In Sweden alone, 24,000 unaccompanied children claimed asylum in 2015. The vulnerability of child refugees entering the EU is increasingly being recognized as a problem. For example, in October 2015, the UNHCR voiced its concern that women and child refugees travelling through Europe are facing a high risk of abuse and violence, including sexual violence, and various initiatives to address this issue are being developed jointly by UNHCR and UNICEF.

In the context of the current European refugee crisis, the relatively high proportion of the refugees constituted by women and children is a new development. Until quite recently the vast majority of refugees arriving in Europe were men of fighting age, while unaccompanied women and children made up a very large proportion of the refugee populations in areas closer to the zone of conflict, where they have, in the whole, remained rather less visible to the general public in Europe and North America.

A similar problem arising from the invisibility of female and child refugees affects the study of migration and population displacement in the ancient Greek world. Our literary sources, especially historiography and oratory, tend to focus overwhelmingly on male refugees and exiles. Given the prominent part in Greek warfare that was played by male exiles and refugees of fighting age, this emphasis is of course not surprising. However, it is important to be aware that our evidence for the activities and conditions of male refugees provides only a part of a much larger and more complex picture.

This paper explores the literary evidence for women and child refugees in the classical Greek world, especially those who were sent to neighbouring cities for safety as part of systematic evacuations, and who were often unaccompanied by male relatives. The literary evidence will be complemented by a survey of funerary monuments commemorating non-citizens who died in Athens, and it will be argued that this body of inscriptions may throw further light on the phenomenon. The vulnerability of women and child refugees in the ancient Greek world was arguably even more serious than in modern Europe. In addition to the risk of physical abuse and mistreatment, female and child migrants also faced a very real risk of kidnapping and subsequent enslavement. This risk applied to adult immigrants, too, but women and children were particularly exposed because of their lack of legal capacity.

It will be suggested that some of the Athenian institutions (including that of the immigrant’s ‘patron’, or prostates) and procedures that applied to resident aliens make particularly good sense if it is taken into account that a considerable number of refugees were females and minors who were not accompanied by adult male relatives who could act as their ‘guardian’ (kyrios).

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Valentina Arena (UCL – London) Freedom from debts: a Near Eastern Song, a Greek story, and a Roman tale

Throughout the Mediterranean ancient societies experienced slavery as a result of debt, and all tried to fight it in favour of its abolition. This paper focuses on three ancient societies, the Near Eastern society of the second millennium BCE, the archaic Greek world of Solon, and the community of early Rome, and investigates their ancient narratives concerning the abolition of debt bondage. Arena takes as her starting point the Hurrian poem entitled ‘Song of Release,’ composed in the mid-2nd millennium BCE, which Hittite scribes recorded in a bilingual Hurrian-Hittite edition. Following current scholarship on the subject, she compares it with the Greek texts concerning the tradition on Solon’s seisachtheia (cancellation of all private and public debts) and the narrative in the historical works on Rome by Livy and Dionysius of Halicarnassus about the struggle of the orders and the fight against nexum. Bearing in mind the different nature of these documents, this paper considers the elements of commonality between these discourses on the abolition of debt bondage in the hope of showing their shared oral nature in the formation of these traditions. By appreciating this dimension of these accounts, Arena argues, it is possible to read these traditions as moments of public discourse with a distinctive trait of exemplarity, which, in turn, allows us to interpret them as a moment of political reflection on how to deal with a situation of social and civic unrest. Most importantly, however, this paper attempts to identify the conceptual articulation of the notion of freedom as elaborated in these contexts and tries to assess its value in the modern political world.

Michał Bizoń (Jagiellonian – Kraków) Plato's democratic burlesque, or on reason and freedom. With an authorial postscript on civilizational brinkmanship

In this paper Bizoń discusses Plato’s political philosophy, focusing primarily on the Republic with references to the Apology, Statesman, and Laws. His main thesis is that Plato’s Republic, although containing crucial political insights, should be read ethically and not politically. He begins with a succinct interpretation of Plato's Ideal Constitution in Republic III-VII, discusses the constitutional arrangement, and compares it with genuine contemporary constitutional solutions. Next, he examines Republic VIII-IX and Plato’s description of the degeneration of constitutions, focusing on his description of the Democratic Soul and the concomitant notion of freedom. By contrasting it with what we know about Athenian democracy, Bizoń assesses the validity of Plato’s criticism of this political system. Finally, he discusses references to the Republic in Aristotle and later authors, as well as critical responses to Plato’s political thought and their possible relevance to the Republic. He then discusses the implications of his main thesis for the use of Plato in modern political theory. In reading the Republic ethically he focuses on Plato’s notion of the soul as a constitution and on his concept of freedom, and discusses the philosopher’s own notion of freedom and its democratic counterpart which he criticized. He relates the latter to modern liberal concepts and to the problem of slavery, both ancient and modern. Bizoń also considers the notion of reason and its function in the constitutions discussed by Plato, as well as the way in which its malfunction leads to their degeneration. Finally, he demonstrates how the Republic can be read politically, by discussing the description of the degeneration of constitutions, relating it to modern cases of power shifts and regime change, especially those motivated by

4 2016 ISSEI conference, Łódź What’s Not New in the New Europe ideology. The degeneration of constitutions also involves revealing insights about social relations, particularly between the individual and the community, as well as between individuals in positions of power. Bizoń relates these issues to the notion of freedom discussed previously, and concludes the paper with the notion of civilizational brinkmanship.

Mirko Canevaro (Edinburgh) Majority rule vs. consensus: the practice of deliberation in the Greek poleis

Ancient Greek democracy, and Athenian democracy in particular, is probably the most famous historical example of deliberative democracy. In this paper Canevaro, through a discussion of the relevant procedures and the underlying ideas about democratic decision making, explores how decisions were actually made in the day-to-day business of democratic deliberation in Athens and in the other democratic Greek city-states. Scholars have often identified the Greek polis (city-state) as the first example of majority rule (e.g. Ruzé 1984, 1997, Pitsoulis 2011, Maffi 2012). This is in line with the common modern understanding of democracy as the rule of the majority, and those who subscribe to this understanding often use the Greek example as the beginning of a genealogy of democratic government (e.g. Flaig 2013; whatever the criticisms of this notion, cf. Downs 1957, Arrow 1963, Woodruff 2005, Ober 2008). This has had far-reaching effects, and has sometimes excluded the Athenian model from discussions of alternative models of deliberation, and of democracy (e.g. Graeber 2013). Others have used Greek democracy as a historical example to oppose to modern European trends towards consensus or consociational democracy (e.g. Flaig 2013 and Schwartzberg 2013). In this paper, Canevaro reviews the evidence for the decision-making process in Greek Assemblies, and shows that for the most part decisions were made unanimously or near-unanimously. He then discusses the Athenian evidence and describes the procedures and institutions that favoured open debate and fostered the formation of consensus, arguing that consensus-based forms of deliberation were a key element of Greek decision making, which secured the cohesion of Greek communities as well as the synthesis of widely-spread knowledge highlighted by Ober (2008) as a key advantage of democracy.

Anthi Dipla (EAP & OU Cyprus) An ‘idyllic’ world against war atrocities: images of elegance, escapism and liberation in the midst of the Peloponnesian War

Dipla’s presentation explores the impact of the Peloponnesian War, fought between Athens and Sparta at the end of the 5th century BCE, on the society of classical Athens, as reflected in the images of women in the popular art medium of vase-painting. During the war greater emphasis seems to be placed on themes related to women. In some particular cases solemn wives(?) are depicted being accosted and courted like hetairai (courtesans). Conversely, sumptuous brides are shown being adorned by love gods at wedding scenes. These images may be explained by the absence of men, owing to war losses, and the consequent emancipation of women who took charge of the household and broke free from social seclusion prevalent at that time. Dipla focuses on the special case of the Meidias Painter who paints women with voluptuous bodies, in elegant clothing, assuming graceful poses and gestures. Divine, heroic or mortal women are being seduced by Erotes (ephebe love gods), or even abducted by their suitors, adorned to be wedded, cuddling with lovers, or just idling on their own in an idyllic natural setting (a garden?). Coupled with the painter’s luxurious drawing, the gilded and elaborate

5 2016 ISSEI conference, Łódź What’s Not New in the New Europe details, the Meidias Painter’s works reveal a sensuous and flirtatious rather than menacing mood. The paper shows how the Meidias Painter, his associates and his contemporaries, in vase-painting, as well in major painting and sculpture, presumably cater for the Athenians’ need to seek relief from the sombre realities of the raging war, engaging in a fantasy world of love adventures in a paradisiac environment. This study is supplemented by parallel consideration of evidence from the contemporary comedies of Aristophanes that comment on the political and social situation of the time and on the need to end the crisis resulting from the war. An escapist tendency may be attested in modern European countries undergoing political and/or financial crisis, or even war, such as Greece. In the wake of a civil war, a military junta, political corruption and eventually severe financial crisis, Greek popular media, such as TV and magazines – the equivalent of ancient vases in some sense – have witnessed a boom in fashion and lifestyle reports and shows around the glamorous lives of celebrities, as well as series depicting romantic stories set in luxurious or idyllic settings. On the other hand, recent conflicts in Europe, such as in former Yugoslavia, or even in the Near East, causing an influx of immigrants to Europe, have deprived many traditional families of their male head, so that previously secluded women may appear more emancipated and liberated within less than a generation.

Jakub Filonik (Warsaw) Conceptualizing freedom, ancient and modern: identity as a distancing factor

The citizens of classical Athens have been credited with the invention of the abstract idea of ‘freedom’ (Raaflaub). Throughout the period of Athenian democracy (5th-4th century BCE), the notion of ‘freedom’ and the status of a ‘free person’ were arguably the lens through which Athenians perceived their own posited uniqueness. These concepts were opposed to everything that was considered threatening to Athenian citizens and their socio-political identity, and in relation to which they regarded themselves as superior. The ‘freedom of the Athenians’ was thus contrasted with everything (presented as) ‘un-free’, ‘non-democratic’, and simply ‘non-Athenian’, and as such had its vital role in addressing the prevailing norms, particularly in response to uncertainty and change. Based on the analysis of speeches delivered publicly on various occasions in classical Athens, Filonik’s paper discusses the function of such concepts in the political rhetoric of Athenian democracy. It examines ‘freedom’ as both an alienating factor and a unifying principle in Athenian political discourse and its contextualization in military conflicts and power politics. It also explores the ways in which the concept of a ‘free person’ was exploited in court speeches, used as the ultimate normative value term intended to describe whatever the speaker argued to be ‘(un)worthy of a free person’ or ‘(im)proper in interactions with the free’. In these analyses, Filonik addresses questions about the extent to which such concepts played upon the popular morality of Athenian citizens and how ancient speakers-politicians stretched the boundaries of the commonly accepted norms in an attempt to reinterpret their audiences’ political and civic identities. The paper also explores whether the Athenian concept of freedom can be taken for a sister notion of the modern liberal, post-totalitarian, and inclusivist idea of personal liberty. May there be something we have in common with the Athenians after all, when it comes to our posited cultural superiority over those whom we do not expect to cherish the same set of ‘core democratic values’?

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Brenda Griffith-Williams (UCL – London) The ‘tyranny’ of taxation without representation: the status of metics in classical Athens and of migrants in modern Europe

Immigrants come to Europe, or migrate within Europe, for various reasons. Many work and pay taxes in their host countries, but have to wait many years before becoming eligible for citizenship. Quoting the American Revolutionary slogan, ‘Taxation without representation is tyranny’, François Crépeau, UN Special Rapporteur on the Human Rights of Migrants, argued in a BBC radio interview that migrants should be allowed to vote. Migration policies, he said, are made by citizens with no idea of migrants’ experience; and politicians, driven by the views of their electorates, have no incentive to deal with the migration ‘crisis’ facing Europe in 2016 so long as migrants remain politically marginalized. Athens officially welcomed immigrants (metics), and valued their contribution to the economy. The status of metic was considered (by Athenian citizens) a privilege, and applied equally to all immigrants regardless of their origin or reasons for migration. Metics performed military service, and, if they were rich enough, paid the same taxes as citizens. Additionally, every metic paid a fixed-rate ‘metic’s tax’. They had almost no chance of acquiring Athenian citizenship, an honour granted only very exceptionally to anyone of non-Athenian blood; and falsely pretending to be a citizen was an offence punishable with enslavement. Yet, as the orator Lysias argued, some metics – including his own family – embraced the values of the Athenian democracy, behaving better than the anti-democratic citizens who oppressed them. The Athenian metoikia, which systematically discriminated between immigrants and citizens, is clearly not a positive model for modern democracies whose stated policy aim is integration. But, in the 21st century as in antiquity, attitudes to migration are ambivalent and migrants, whether ‘legal’ or ‘illegal’, often face prejudice or suspicion. Exploring the evidence from classical Athens, limited as it is, may help us better understand some of the ‘problems’ associated with migration today.

Joanna Janik (Jagiellonian – Kraków) Isocrates and the barbarians: a classical topos and the Panhellenic ideology

The idea of a Panhellenic military expedition against Persia appears regularly in Isocrates’ writings and may be presented as one of the most important political concepts discussed in his work. One would expect the image of the barbarian to play a crucial part in the writer’s reasoning, yet Isocrates tends to use well-known topoi in his own way, sometimes modifying their original meaning. In promoting Panhellenism, Isocrates obviously refers to the Greeks’ negative opinion of Persia, but he does not build his argument on the clear-cut opposition between West and East; the emphasis is put on the beneficial results the concerted action would bring to the Greeks. Isocrates seems to be interested mainly in demonstrating principles of the ‘common good’, while the ‘barbarian’ cliches are used merely as a tool to persuade other Greeks to unite. He certainly does not share Herodotus’ passion for depicting differences between Greek and Persian ways of living, although he is always ready to employ the Herodotean paradigm when speaking of Greek politics, especially the quality of leadership. The idea of war with Persia was employed by Isocrates as a remedy for the political crisis among Greek city-states, but his pragmatic remarks about the advantages of peace in Hellas were never seriously taken into consideration by his contemporaries, and when the war finally began it totally changed Greek political reality and put an end to the world known to Isocrates. In the 21st century, facing political crisis and rhetoric based on oppositions rooted in

7 2016 ISSEI conference, Łódź What’s Not New in the New Europe stereotypes (West/Others, West/Islam) we may profit from Isocrates’ pragmatism in his view of Greek politics. Remembering that war is hardly ever a remedy, we should not forget that it is the agreement between city-states and proper hierarchy of values (common good instead of particular interests), not the clash of civilizations or a crusade against the East, that constitute the foundation of Isocrates’ idea.

Janek Kucharski (Silesia – Katowice) He was just following orders (Lysias 12.25): an ancient Greek archetype of modern war crime legislation

The trials of Adolf Eichmann, of the American troops from Charlie Company responsible for the My Lai massacre, and of the prison guards from Abu Ghraib, had one thing in common: the accused did not deny the facts, but claimed to have acted in obedience to superior orders. Such a defence in each case was deemed unacceptable on the basis of the consensus worked out during and directly after the Nuremberg Trials: an individual cannot disclaim personal responsibility as long as ‘a moral choice was in fact possible to him’ (4th Nuremberg Principle). The Nazis tried at Nuremberg were not the first to invoke the respondeat superior principle, though they were the first to whom its validity was consistently denied. Its earliest historical instances go back to Classical Greece. At the turn of the 5th and 4th centuries BCE Athens had to deal with the legacy of a short-lived oligarchic junta, known as the Thirty Tyrants, which took over the city following the defeat in the Peloponnesian War (404-403 BCE). In such circumstances Eratosthenes, one of the Thirty, was brought to account for the death of the metic (immigrant) Polemarchus, and sought his defence in the plea of superior orders. The result of the trial is unknown. The respondeat superior principle is swiftly dismissed by the prosecutor (Lys. 12.25-27), but his is the only report on the matter we possess. Kucharski’s paper attempts to put its validity to the test by looking closely at the circumstances of Polemarchus’ death, at Eratosthenes’ role in the ‘purge of metics’ (Buck 1998: 74), his position in the power struggles among the Thirty (Xen. Hell. 2.3), and at the possible sanctions (or lack thereof) he may have faced upon refusal to comply (cf. Pl. Apol. 32c-d). Though hardly acceptable by modern standards, his defence may indeed reveal that even those implicated in the highest degree could eventually find themselves unwilling accomplices in the terror they themselves have established.

Aleksandra Porada (SWPS Wrocław) Why men rebel: ancient answers to modern questions

Few questions have been answered in so many different ways as the simple ‘why do men rebel?’. The causes of political instability, regime changes and coups d'état, discussed during the 20th century by historians and social scientists (esp. Brinton 1938, Moore 1966, Skocpol 1979, Goldstone 2001), were an essential problem for ancient Greek thinkers, who offered answers – now largely forgotten but deserving reconsideration. Xenophon of Athens expressed in his works the idea that men would not rebel against leaders if these were seen as working to the advantage of the community (Hiero, Cyropaedia, parts of Memorabilia); his understanding of ruling as a process of exchange (obedience and loyalty in exchange for high quality benevolent leadership) looks surprisingly accurate when compared to what social scientists have now established. Aristotle analysed political conflicts in Book V of his Politics, stating that among the reasons for rebellions and coups d'état, the essential one was the widespread feeling of the ruled that

8 2016 ISSEI conference, Łódź What’s Not New in the New Europe the political system is not just (whatever norms of justice they hold) and/or that the rulers abuse power. Still, people normally do not rebel against disliked leaders and unjust systems – until an event, unimportant in itself, becomes the spark that makes the powder keg explode. Thus the beginning of a revolution or a coup d'etat is unpredictable (cf. Eckstein 1965 on preconditions and precipitants of internal wars). Finally, Polybius in Book I of his Histories, when relating the rebellion of Carthage's mercenaries, describes the mechanism of outbreak and successive escalation of violent conflicts, identified as the fundamental ‘relative deprivation-frustration-aggression’ pattern in the 20th century (Davies 1962, Olson 1963, Gurr 1970). Hardly any 20th-century scholar offering their analysis of the roots and mechanisms of political violence used the centuries-old wisdom of Xenophon and Polybius, and few that of Aristotle; but some of them rediscovered the same mechanisms that these three Greeks had described – as Porada’s paper demonstrates.

Andrea Scarpato (Leicester) The limits of realism: approaches to Hellenistic history

‘Solidarity’ and ‘co-operation’ are terms consistently used in European Union documents to mean essential components to fight financial crisis and to solve crucial matters such as security policies and justice. The Eurozone crisis has represented a fertile ground to test the nature of ‘solidarity’ between European and non-European countries: if solidarity is an unconditional act or hides self-interest, it still represents an important issue for the understanding of modern interstate interactions. The application of Realism, a branch of International Relations theories, to this background would support the underlying self-interest of a state involved in an act of solidarity and the perpetual pursuit of power of single states. In Realist thinking, helping a state would mean an exertion of influence from the state providing help. Since calculations about power dominate states’ thinking, every state tries to maximize its power at the expense of others in a competitive environment where co-operation plays little or no part. Realism has been employed to investigate the interactions among Hellenistic powers. This has produced a pessimistic and simplistic view of the Hellenistic world: a world characterized by a multitude of states persistently engaged in warfare and the pursuit of power where ‘international law’ was minimal and largely unenforceable. Hellenistic states had no choice but to co-exist in a hostile environment where self-help and self-interest were keys that led to survival. Hellenistic societies were essentially militarily and diplomatically aggressive and the ultimate aim of states was to be the hegemon – the only significant power in the system. Was the Hellenistic world really this grim? Were the states trapped in a cruel logic of self-help and self-interest? Was ‘international law’ rudimentary? In contrast with the latest studies, this paper aims to suggest the limitations of Realism theory for the assessment of Hellenistic history and the multifaceted nature of the new world which arose after the death of Alexander. This new world can be seen to have featured a much more complex reality characterized not only by consistent warfare and struggle for power, but also by a sensible increase in interstate co-operation and efforts to circumvent conflicts without recourse to violence. As we shall see, Realism per se will not be sufficient to describe such a complex world.

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Christian Thomsen (Copenhagen) From the community of citizens to the community of inhabitants: migration and civic institutions in the Eastern Mediterranean in the Hellenistic Period

To any state, ancient or modern, conceived as a community of the citizens, cross-border mobility poses a challenge: what social and political status is to be afforded the immigrant? The question of course is as old as the concept of citizenship itself, but to the ancient Greeks in the centuries following Alexander the Great’s conquests the question became a pressing one. The movement of people between the Greek city-states (poleis) was a defining feature of the Hellenistic Period (323-31 BCE). In a bustling emporium such as the city of Rhodes more than a third of the inhabitants were citizens of other poleis and even unexceptional poleis were home to considerable populations of foreigners (Thomsen forthcoming; Davies 1984). According to an older strand of scholarship, mobility resulted from a decline of civic institutions – itself the result of a loss of political autonomy for the polis (Green 1990). Recently, however, scholars have begun to question the central tenets of this declinist narrative and emphasize the continued importance of polis institutions, seeing in the period rather a transformation than a decline of the polis (e.g. Carlsson 2000; Ma 2002). This has left both changes to civic institutions as well as migration without viable explanations. Thomsen argues that the two ought still be connected, but that the chain of causation should be reversed: widespread interstate competition for scarce and therefore valuable manpower resources led the way for reforms of civic institutions to accommodate and encourage migration, ultimately transforming the Hellenistic polis from a ‘community of citizens’ to a ‘community of inhabitants’.

Georgina White (CEU – Budapest) Harnessing private wealth for the public good: models of giving from Greek liturgy to philanthrocapitalism

The recent economic crisis, followed by the widespread adoption of fiscal austerity policies, has led to a decrease in government spending on welfare, education, and culture in many European countries (Karger 2014). In an era in which the personal wealth of the richest members of society is becoming ever greater, one path to closing this funding gap could be through individual charitable giving, and recent scholarship such as the influential Philanthrocapitalism: How the Rich Can Save the World has focused upon the new ways in which private wealth is being used to benefit society (Bishop and Green 2008). However, this rise in ‘philanthrocapitalism’ (a mode of charitable giving in which market forces are used to guide the investment of capital), has itself been subject to a recent wave of criticism (McGoey 2015). This paper considers the benefits and limitations of the ancient Greek system of ‘liturgies’ as an alternative model of charitable giving, considering whether it might help to avoid the most pressing problems of ‘philanthrocapitalism’ by providing some state control over the areas into which private donations are channelled, rather than leaving this entirely to market forces or personal preference. In doing this, White focuses on the ways in which the extant ancient literary sources represent the classical Athenian institution of the liturgy, considering those features which were seen to incentivize private contributions to state funding goals (for example, social rewards for appropriate action; the publication of personal financial details through the practice of antidosis; and the rhetorical emphasis on a person’s ties to his political community and duty to his fellow citizens), as well as the problems which led to the institution’s eventual demise in

10 2016 ISSEI conference, Łódź What’s Not New in the New Europe the 4th century BCE. This study concludes by suggesting the ways in which these lessons might help us to harness private wealth for the public good in contemporary Europe, in times when, as in classical Athens, revenue from compulsory taxation may not be able to meet our social spending needs.

Michał Zacharski (Jagiellonian – Kraków) Mens rea – the Achilles’ Heel of criminal law: the Athenian perspective and contemporary issues

The evolution of criminal law in continental and Anglo-American legal systems is often portrayed as a path leading from objective to subjective responsibility. In the tradition of penal jurisprudence, subjectivity as an essential condition of culpability (actus non facit reum nisi mens sit rea) implies the distinction between intentional and unintentional human acts. One can detect the existence of the notions of intent and malice aforethought in the laws of Athens from various sources. Nevertheless, some issues, emerging from the role that the subjective side of an offence, in common law traditionally referred to as mens rea (‘guilty mind’), plays in criminal law, still remain unsolved in contemporary jurisprudence and legal practice. However, setting the boundary between ‘intentional’ and ‘unintentional’ is highly significant, since the shape of criminal responsibility in civilized states recognising the rule of law always depends on whether one acts with intent or not. In many cases this division determines the boundary between ‘licit’ and ‘illicit’, having a great impact on legal certainty, the importance of which in western civilization is unquestionable. This paper examines notions concerning mens rea in the law of Athens starting from Draco’s code, placed in a broad philosophical and ethical context. Zacharski enunciates crucial questions on the function and place of a wrongdoer’s subjective mental state, in both its substantive and procedural aspect, as an element in the process of attribution of criminal responsibility in antiquity and nowadays. Although we observe progress in psychological studies, new inquiries in the field of the philosophy of mind and the development of criminal jurisprudence, the way of attribution of intent and malice aforethought exercised by the Athenians seems to be still present in the criminal courts.

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List of main sources and references

Valentina Arena Freedom from debts: a Near Eastern Song, a Greek story, and a Roman tale

Main sources The poem ‘The Song of Release’ (Wilhmen/van Dadssow); Athenaion Politeia; Fragments of Solon (Gerber); Plutarch’s Life of Solon; XII Tables; Livy 2.23.6; 6.14.3–5; 6.34.2; 8.28.1–2; Dionysius of Halicarnassus Roman Antiquities 4.9.7; 4.10.2; 6.26.1–2; 6.59.2–3; 6.79.2–3; 15.3.15; Valerius Maximus 6.1.9.4; Varro ling. Lat. 7.105; Cicero’s de re publica, Book 2.

Select bibliography G. Barjamovic, ‘Civic institutions and self-government in Southern Mesopotamia in the mid- first millennium BC’ in ed. J.G. Dercksen, Assyria and Beyond: Studies presented to Mogen Trolle Larsen, (2004), 47-98. K. Bradley and P. Cartledge (eds.), The Cambridge World History of Slavery (2011). P.A. Brunt, Social Conflicts in the Roman Republic (1971). D. Flach, Die Gesetze der frühen Römischen Republik: Text und Kommentär (1994). J.F. Frost, ‘Attic literacy and the Solonian seisachtheia’, in Politics and the Athenians: essays on Athenian history and historiography ed. J.F. Frost (2005), 13–26. E. M. Harris ‘A new solution to the riddle of the seisachtheia’ in The development of the polis in Archaic Greece ed. L. G. Mitchell and P. J. Rhodes (1997), 103–12. M. Kaser, Das Römisch Privatrecht (1971). A. Koptev, ‘Principles of the Nexum and Debt Law in the Twelve Tables’, in Principios Generales del Derecho. Antecedentes históricos y horizonte actual, ed. F. Reinoso Barbero (2014), 227-246. A. Kuhrt, ‘Even a dog in Babylon is free’ in The Legacy of Arnaldo Momigliano, ed. T. Cornell and O. Murray, 77-88 (2014). K. Raaflaub (ed.), Social struggles in archaic Rome: new perspectives on the conflict of the orders (2005). D. C. Snell, ‘Democracy and Freedom’, in A Companion to the Ancient Near East, ed. D. C. Snell (2005), 397–407. P.V. Stanley, The economic reforms of Solon (1999). A. Watson, Rome of the XII tables: Persons and Property (1975). R. Westbrook, Ex oriente lex: Near Eastern influences on ancient Greek and Roman law , eds. D. Lyons and K. Raaflaub (2015). W.J. Woodhouse, Solon the liberator: a study of the agrarian problem in Attika in the seventh century (1938). E. van Dassow, ‘Liberty, bondage, and liberation in the second millennium BC’, in Liberty: an Ancient Idea for the Contemporary World ed. V. Arena (forthcoming). ———, State and Society in the Late Bronze Age: Alalah under the Mittani Empire (2008). ———, ‘Piecing Together the Song of Release’ Journal of Cuneiform Studies 65 (2013): 127- 62. ———, ‘The Public and the State in the Ancient Near East’, in Organisation, Repräsentation und Symbole von Macht in Altvorderasien, Proceedings of the 54th Rencontre Assyriologique Internationale (Würzburg, Germany, July 2008), ed. Gernot Wilhelm. Winona Lake (2012). ———, ‘Freedom in Ancient Near Eastern Societies’, in Oxford Handbook of Cuneiform Culture, ed. Karen Radner and Eleanor Robson (2011).

12 2016 ISSEI conference, Łódź What’s Not New in the New Europe

Michał Bizoń (Jagiellonian – Kraków) Plato's democratic burlesque, or on reason and freedom. With an authorial postscript on civilizational brinkmanship

Main sources listed in the abstract

Select bibliography Adkins, Arthur (1960), Merit and Responsibility, Clarendon Press, Oxford. Agard, Walter (1927), ‘Greek Conceptions of Freedom’, The Classical Weekly 20.18, pp. 140-143. Blundell, Mary Whitlock (1991), Helping Friends and Harming Enemies, Cambridge University Press. Burnyeat, Myles (2003), ‘Apology 30b2-4: Socrates, Money and the Grammar of γίγνεσθαι’, Journal of Hellenic Studies 123, pp. 1-25. Cairns, Douglas (1993), Aidos: The Psychology and Ethics of Shame and Honour in Ancient Greek Literature, Clarendon Press, Oxford. Dodds, Eric (2004), The Greeks and the Irrational, University of California Press. ———, ed. (1959), Plato’s : a revised text with introduction and commentary, Clarendon Press. Dorter, Kenneth (2003), ‘Free Will, Luck, and Happiness in the Myth of Er’, Journal of Philosophical Research, Vo. 28, pp. 129-142. Filonik, Jakub (2015), Speaking of freedom: the notion and dynamics of freedom in Athenian oratory and Athenian democracy, diss. University of Warsaw. ——— [2016], ‘“Living as one wishes” in classical Athens: the (anti-)democratic polemics’ (forthcoming). Hansen, Mogens Herman (1999, 4th ed.), The Athenian democracy in the age of Demosthenes: structures, principles, and ideology, University of Oklahoma Press. ——— (1995), ‘The ‘Autonomous City-State’. Ancient Fact or Modern Fiction,’ in: M.H. Hansen and K. Raaflaub (eds.), Studies in the Ancient Greek Polis (Stuttgart 1995) 21–43, at 25–28. ——— (2010), ‘Democratic Freedom and the Concept of Freedom in Plato and Aristotle’, Greek, Roman, and Byzantine Studies 50, pp. 1-27. Kraut, Richard; Skultety, Steven, eds. (2005), Aristotle’s Politics: Critical Essays, Lanham Legutko, Ryszard (1990), Krytyka demokracji w filozofii politycznej Platona, Kraków, Uniwersytet Jagielloński. McLoughlin, Siobhán (2012), The Freedom of the Good: a Study of Plato’s Ethical Conception of Freedom, diss. University of New Mexico. Ober, Josiah & Hedrick, Charles, eds. (1996), Demokratia: A Conversation on Democracies Ancient and Modern, Princeton. Ostwald, Martin, ‘Freedom and the Greeks’, in: Davis, Richard, W. ed. (1995), The Origins of Modern Freedom in the West, Stanford University Press. Raaflaub, Kurt (1981) ‘Zum Freiheitsbegriff der Griechen: Materialien und Untersuchungen zur Bedeutungsentwicklung von eleutheros/eleutheria in der archaischen Zeit und klassischen Zeit’, in: Welskopf, E.C., hrsg. (1981), Soziale Typenbegriffe im alten Griechenland und ihr Fortleben in den Sprachen der Welt, vol. 4. Berlin, pp. 180-405. ——— (2004), The Discovery of Freedom in Ancient Greece, University of Chicago Press. Sharples, R.W. (1994), ‘Plato on Democracy and Expertise’, Greece & Rome 41.1, pp. 49-56. Skinner, Quentin (2002), ‘A Third Concept of Liberty’, Proceedings of the British Academy 117, pp. 237-68.

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Stalley, R. F. (1998), ‘Plato’s Doctrine of Freedom’, Proceedings of the Aristotelian Society, New Series, Vol 98, pp. 145-158. Zygmuntowicz, Dorota (2011), Praktyka polityczna. Od Państwa do Praw Platona, Monografie FNP.

Mirko Canevaro (Edinburgh) Majority rule vs. consensus: the practice of deliberation in the Greek poleis

Select bibliography Flaig, E. (2013), Die Mehrheitsentscheidung. Entstehung und kulturelle Dynamik. Paderborn. Graeber, D. (2013), The Democracy Project. A History, a Crisis, a Movement. New York. Maffi, A. (2012), ‘Origine et application du principe de majorité dans la Grèce ancienne’, in B. Legras, and G. Thür (eds.), Symposion 2011. Vorträge zur griechischen und hellenistischen Rechtsgeschichte (Paris, 7.-10. September 2011), Wien: 21-32. Ober, J. (2008), Democracy and Knowledge: Innovation and Learning in Classical Athens. Princeton, NJ. Pitsoulis, A. (2011), ‘The egalitarian battlefield: Reflections on the origins of majority rule in archaic Greece’, European Journal of Political Economy 27: 87–103. Ruzé, F. (1984), ‘Plethos, aux origines de la majorité politique’, in Aux origines de l’hellénisme: la Crète et la Grèce. Hommage à Henri van Effenterre. Paris: 247-64. Ruzé, F. (1997), Délibération et pouvoir dans la cité grecque: de Nestor à Socrate. Paris. Schwartzberg, M. (2013), Counting the Many: The Origins and Limits of Supermajority Rule. Cambridge.

Anthi Dipla (EAP & OU Cyprus) An ‘idyllic’ world against war atrocities: images of elegance, escapism and liberation in the midst of the Peloponnesian War

Main sources Attic Red-figure vases, especially of the last quarter of the 5th c. BC and by the Meidias Painter Greek Sculpture of the Rich Style (420-400 BC), especially from the Pediment of the Parthenon and the Balustrade of the Temple of Athena Nike, on the Acropolis of Athens Aristophanes: Thesmophoriazusae; Assembly Women (Ecclesiazusae); Lysistrata; Peace Pausanias, Pliny the Elder and other ancient authors on artists and individual works of sculpture and major painting, especially in Athens of the last quarter of the 5th century BC

Select bibliography Bérard, C, C. Bron and A. Pomari, A City of Images: Iconography and Society in Ancient Greece. Transl. D. Lyons (Princeton 1989) Blundell, S. Women in Classical Athens (London 1998) Boardman, J. The History of Greek Vases (London 2001) Burn, L. The Meidias Painter (Oxford 1987) Dipla, A. ‘Eros the Mediator; Persuasion and Seduction in Pursuit and Courting Scenes’ Mediterranean Archaeology and Archaeometry 6.2 (December 2006): 21-37 Fantham, E., H.P. Foley, N.B. Kampen, S.B. Pomeroy, H.A Shapiro, Women in the Classical World: Image and Text (Oxford 1994) Ferrari, G. Figures of Speech: Men and Maidens in Ancient Greece (Chicago 2002)

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Glazebrook, A. and M.M. Henry (eds), Greek Prostitutes in the Ancient Mediterranean, 800 BCE - 200 CE (Madison 2011) Halperin M, J.J. Winkler and F.I. Zeitlin (eds), Before Sexuality: the Reconstruction of Erotic Experience in the Ancient Greek World (Princeton 1990) Harrison, A.R.W. The Law of Athens. Vol. 1, The Family and Property (Oxford 1968) Kampen, N. (ed.), Sexuality in Ancient Art (Cambridge 1996) Lewis, S. The Athenian Woman: An Iconographic Handbook (London 2002) Lissarrague, F. Greek Vases: the Athenians and Their Images. Tr. K. Allen (New York 2001) McNiven, T. J. Greek Gestures in Attic Vase Painting: Use and Meaning, 550-450 B.C. (Ann Arbor 1989) Oakley, J.H. and R.H. Sinos, The Wedding in Ancient Athens (Madison 1993) Reeder, E. D. (ed.) Pandora: Women in Classical Greece (Baltimore/Princeton 1995) Robertson, M. The Art of Vase-painting in Classical Athens (Cambridge/New York 1992) Scheibler, I. Griechische Malerei der Antike (Munich 1994) Small, J. P. The Parallel Worlds of Classical Art and Text (Cambridge 2003) Stansbury-O’Donnel, M.D. Pictorial Narrative in Ancient Greek Art (Cambridge 1999) Stewart. A. Art, Desire and the Body in Ancient Greece (Cambridge/New York 1997) Sutton, R.F. ‘The Invention of the Female Nude: Zeuxis, Vase-Painting, and the Kneeling Bather,’ in Oakley, J.H. and O. Palagia (eds). Athenian Potters and Painters. vol. 2 (Oxford 2009): 270-79 Veyne P., F. Lissarrague and F. Frontissi-Ducroux, Les Mystères du Gynécée (Paris 1998) Yatromanolakis, D. (ed.) An Archaeology of Representations: Ancient Greek Vase-Painting and Contemporary Methodologies (Athens 2009)

Jakub Filonik (Warsaw) Conceptualizing freedom, ancient and modern: identity as a distancing factor

Main sources Athenian oratory: (1) funeral speeches: Thucydides 2.35-46, Lysias 2, Plato Menexenus, Demosthenes 60, and Hypereides 6; (2) court speeches, incl. Isocrates 20 (Against Lochites), Aeschines 1, 3 (Against Timarchus, Against Ctesiphon), and Demosthenes 18, 19, 21, 22 (On the Crown, On the Dishonest Embassy, Against Meidias, Against Androtion); (3) Assembly speeches, esp. Demosthenes 8, 9, 10, 15 (On the Chersonese, III Philippic, IV Philippic, On the Freedom of the Rhodians)

Select bibliography Dover, K.J. (1974) Greek popular morality in the time of Plato and Aristotle (Oxford) Farenga, V. (2014) ‘Liberty, equality, and authority: a political discourse in Greek participatory communities’, in D. Hammer (ed.), A companion to Greek democracy and the Roman Republic (Chichester) 101–12 Filonik, J. (2015) ‘Speaking of freedom: The notion and dynamics of freedom in Athenian oratory and Athenian democracy’, diss. University of Warsaw Hansen, M.H. (2010a) ‘Democratic freedom and the concept of freedom in Plato and Aristotle’, Greek, Roman, and Byzantine Studies 50, 1–27 ——— (2010b) ‘Ancient democratic eleutheria and modern liberal democrats’ conception of freedom’, in A.-C. Hernández and et al. (eds), Démocratie athénienne – démocratie moderne : tradition et influences (Genève) 307–39 Liddel, P. (2007) Civic obligation and individual liberty in ancient Athens (Oxford)

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Loraux, N. (2006) The invention of Athens: the funeral oration in the classical city, tr. A. Sheridan (New York) MacDowell, D.M. (2009) Demosthenes the orator (Oxford) Mactoux, M.-M. (1980) Douleia: esclavage et pratiques discursives dans l’Athènes classique (Paris) Ober, J. (1989) Mass and elite in democratic Athens: rhetoric, ideology, and the power of the people (Princeton) Pelczynski, Z.A. and Gray, J. (1984) Conceptions of liberty in political philosophy (London) Raaflaub, K.A. (2004) The discovery of freedom in ancient Greece, tr. R. Franciscono (Chicago and London) Rubinstein, L. (2005) ‘Differentiated rhetorical strategies in the Athenian courts’, in M. Gagarin and D. Cohen (eds), The Cambridge Companion to Ancient Greek Law (Cambridge and New York) 129–45 Vlassopoulos, K. (2007) ‘Free spaces: identity, experience and democracy in classical Athens’, Classical Quarterly 57, 33–52

Brenda Griffith-Williams (UCL – London) The ‘tyranny’ of taxation without representation: the status of metics in classical Athens and of migrants in modern Europe

Main sources Dem. 20 (with Kremmydas’s commentary), 25, 35, 49, 59; Isok. 8; Lys. 6, 12, 22, 23; Plato Laws, Republic; Thuc. 7.63; Xen. Poroi; [Xen.] Ath. Pol.

Select bibliography Adak, M., Metöken als Wohltäter Athens, Munich, 1999. BBC Radio 4, ‘The World Tonight’, 18 February 2016: http://www.bbc.co.uk/programmes/b070hns9 Bakewell, Geoff, ‘Lysias 12 and Lysias 31: metics and Athenian citizenship in the aftermath of the Thirty’, Greek Roman and Byzantine Studies 40 (1999), 5-22. Bearzot, Cinzia., Vivere da democratici: studi su Lisia e la democrazia ateniese, Rome, 2007. Clerc, Michel, Les métèques athéniens, Paris, 1893. Coşkun, A. and Raphael, L., edd., Fremd und rechtlos? Zugehörigkeitsrechte Fremder von der Antike bis zur Gegenwart: ein Handbuch, Cologne, 2014. Dugan, Emily, Finding home: real stories of migrant Britain, London, 2015. Lonis, Raoul., ed., L’étranger dans le monde grec, Nancy, 1987. Monson, A. and Scheidel, W., edd., Fiscal regimes and the political economy of premodern states, Cambridge, 2015. Sosin, J. D., ‘A metic was a metic’, Historia 65 (2016), 2-13. Whitehead, David, ‘Aristotle the metic’, Proceedings of the Cambridge Philological Society 21 (1975), 94-99. ———, The ideology of the Athenian metic, Cambridge, 1977. Wijma, S. M., Embracing the immigrant: the participation of metics in Athenian polis religion (5th-4th century BC), Stuttgart, 2014. Wilson, P, The Athenian institution of khoregeia, Cambridge, 2000.

16 2016 ISSEI conference, Łódź What’s Not New in the New Europe

Joanna Janik (Jagiellonian – Kraków) Isocrates and the barbarians: a classical topos and the Panhellenic ideology

Main sources The writings of Isocrates, especially: On the Peace, Panegyricus, To Philip, Euagoras

Select bibliography M. A. Flower, ‘From Simonides to Isocrates: The Fifth-Century Origins of Four-Century Panhellenism’, Classical Antiquity 19.1 (Apr. 2000), pp. 65-101. S. Perlman, ‘Isocrates’ “Philippus” and Panhellenism’, Historia: Zeitschrift fuer Alte Geschichte, 18.3 (Jun. 1969), pp. 370-374. T. Harrison (ed.), Greek and Barbarians, New York 2002. J. M. Hall, Hellenicity, Chicago and London 2002. K. Vlassopoulos, Unthinking the Greek Polis. Ancient Greek History beyond Eurocentrism, Cambridge 2007. ———, Greeks and Barbarians, Cambridge 2013. S. P. Huntington, The Clash of Civilizations and the Remaking of World Order, New York, Simon & Schuster 1996. C. Bestman, H. Gusterson (eds.), Why America’s Top Pundits are Wrong: Anthropologists Talk Back, Berkeley-Los Angeles-London 2005. A. Classen (ed.), East Meets West in the Middle Ages and Early Modern Times, Berlin/Boston 2013.

Janek Kucharski (Silesia – Katowice) He was just following orders (Lysias 12.25): an ancient Greek archetype of modern war crime legislation

Main sources listed in the abstract

Select bibliography Buck R.J. 1998: Thrasybulus and Athenian Democracy. The Life of an Athenian Statesman. Stuttgart. Carawan E. 2013: The Athenian Amnesty and Reconstructing the Law. Oxford. Dinstein Y. 20122: The Defence of ‘Obedience to Superior Orders’ in International Law. Oxford Krenz P. 1982: The Thirty in Athens. London. Lehmann G.A. 1997: Oligarchische Herrschaft im klassischen Athen. Weisbaden. Loening T.C. 1987: The Reconciliation Agreement of 403/402 B.C. in Athens. Stuttgart. Loraux N. 2002: The Divided City: On Memory and Forgetting in Ancient Athens. Tr. C. Pache, J. Fort. NY. Németh G. 2006: Kritias und die Dreissig Tyrannen. München. Rhodes P.J. 2000: “Oligarchs in Athens”, in: R. Brock, S. Hodkinson (eds), Alternatives to Athens. Oxford. Wolpert A. 2002: Remembering Defeat. Civil War and Civic Memory in Ancient Athens. Baltimore.

17 2016 ISSEI conference, Łódź What’s Not New in the New Europe

Aleksandra Porada (SWPS Wrocław) Why men rebel: ancient answers to modern questions

Main sources listed in the abstract

Select bibliography Brinton, Crane (1957) The Anatomy of Revolution. New York : Vintage Books. Moore, Barrington Jr. (1967) Social Origins of Dictatorship and Democracy: Lord and Peasant in the Making of the Modern World. Boston: Beacon Press. Skocpol, Theda (1984) States and Social Revolutions: A Comparative Analysis of France, Russia, and China. London-Cambridge: Cambridge University Press. Goldstone, Jack A. (2001) ‘Toward a Fourth Generation of Revolutionary Theory’. Annual Review of Political Science 4: 139-187.

Andrea Scarpato (Leicester) The limits of realism: approaches to Hellenistic history

Select bibliography Eckstein A. (2006), Mediterranean Anarchy, Interstate War, and the Rise of Rome, Berkeley/Los Angeles. ——— (2008), Rome enters the Greek East, Oxford. Giovannini A. (1993), ‘Greek Cities and Greek Commonwealth’, in Bulloch A. et al. (eds.), Images and Ideologies, London, pp. 265-286. ——— (2007), ‘Les relations entre États dans la Grèce antique, du temps d'Homère à l'intervention romaine (ca 700-200 av. J.-C)’, Historia 193. Ma J. (2003), ‘Peer Polity Interaction in the Hellenistic Age’, Past and Present 180, pp. 7-38. Mearsheimer J.J. (2001), The Tragedy of Great Power Politics, London/New York. Morgenthau H. (1985), Politics among Nations, 6th edition, New York. Waltz K. N. (1979), Theory of International Politics, New York.

Christian Thomsen (Copenhagen) From the community of citizens to the community of inhabitants: migration and civic institutions in the Eastern Mediterranean in the Hellenistic Period

Select bibliography Archibald, Z. 2011. ‘Mobility and Innovation in Hellenistic Economies’ in Archibald, Davies and Gabrielsen 2011. Archibald, Z, J.K. Davies and V. Gabrielsen (eds) 2011. The Economies of Hellenistic Societies, Third to First Centuries. Oxford. Carlsson, S. 2000. Hellenistic Democracies: Freedom, Independence and Political Procedure in Some East Greek City-States. Stuttgart. Chaniotis, A. 2004. ‘Mobility of Persons during the Hellenistic Wars: State control and personal relations’ in Moatti 2004. Couvenhes, J.-Ch. 2004. ‘Les cités grecques d’Asie Mineure et le mercenariat à l’époque hellénistique’ in Couvenhes and Fernoux (Tours, 2004). Couvenhes, J.-Ch. and H.-L. Fernoux (eds). 2004. Les cités grecques et la guerre en Asie Mineure à l’epoque hellénistique. Tours.

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Davies, J.K. 1984. ‘Cultural, Social and Economic Features of the Hellenistic World’ in Cambridge Ancient History vol. VII.1. Gawantka. W. 1975. Isopolitie. Ein Beitrag zur Geschichte der zwischenstaatlichen Beziehungen in der griechischen Antike. Munich. Green, P. 1990. Alexander to Actium: The Historical Evolution of the Hellenistic Age. Berkeley Hansen, M.H. 2006. Polis: An Introduction to the Ancient Greek City-State. Oxford. Hansen, M.H. and Nielsen, T.H. 2004. An Inventory of Archaic and Classical Poleis. Oxford. Ma, J. 2002. ‘Fighting poleis of the Hellenistic world’, in H. van Wees (ed). War and Violence in Ancient Greece. London. 2002. 337-376. ——— 2003. “Peer Polity Interaction in the Hellenistic Age”, Past and Present 180, 9-39. Lonis, R. (ed.) 1988. L’étranger dans le monde grec. Nancy. Moatti, C. (ed.) 2004. La mobilité des personnes en Méditerranée de l’antiquité à l’époque moderne: procédures de contrôle et documents d’identification. Rome. Oliver, G.J. 2011. ‘Mobility, Society, and Economy in the Hellenistic Period’ in Archibald, Davies and Gabrielsen (Oxford, 2011). ——— (ed.) 2000. The Epigraphy of Death. Studies in the History and Society of Greece and Rome. Liverpool. Sänger, P. (ed.) 2016. Minderheiten und Migration in der griechisch-römischen Welt. Paderborn. Thomsen, C.A. forthcoming. ’Peopling the Emporium. A demographic cross-section of a busy Mediterranean port’. ------2013. The Corporate Polis: the politics of associations in Hellenistic Rhodes, diss. Copenhagen. Vestergaard, T. 2000. ’Milesian Immigrants in Late Hellenistic and Roman Athens’ in Oliver (ed.) (Liverpool, 2000) 81-110. Walbank, F.W. 1981. The Hellenistic World. London.

Georgina White (CEU – Budapest) Harnessing private wealth for the public good: models of giving from Greek liturgy to philanthrocapitalism

Main sources Aristotle, Nicomachean Ethics Books 4 and 10; Politics Book 7; Constitution of the Athenians Lysias, the speeches Concerning the Olive Stump (7) and Against Eratosthenes (12) Lycurgus, the speech Against Leocrates (1) Demosthenes, the speeches Against Leptines (20) and Against Evergus and Mnesibulus (47)

Select bibliography Bishop and Green 2008 Philanthrocapitalism: How the Rich Can Save the World. New York: Bloomsbury. Christ, M.R. 1990. ‘Liturgy Avoidance and Antidosis in Classical Athens’, Transactions of the American Philological Association, Volume 120. Karger, H. 2014. ‘The Bitter Pill: Austerity, Debt, and the Attack on Europe’s Welfare States’. Howard Karger, Journal of Sociology & Social Welfare, Volume XLI, Number 2. McGoey, L. 2015. No Such Thing as a Free Gift: The Gates Foundation and the Price of Philanthropy. London, New York: Verso.

19 2016 ISSEI conference, Łódź What’s Not New in the New Europe

Michał Zacharski (Jagiellonian – Kraków) Mens rea – the Achilles’ Heel of criminal law: the Athenian perspective and contemporary issues

Main sources Aristotle, Nicomachean Ethics Athenian oratory

Select bibliography Alexander, L., Ferzan, K. (2009) Crime and Culpability: A Theory of Criminal Law, Cambridge. Budyn-Kulik, M. (2010) Umyślność w prawie karnym i psychologii. Teoria i praktyka sądowa, Warszawa. Carawan, E. M. (1998) Rhetoric and the law of Draco, Oxford. Carey, C (2012) Trials from Classical Athens, Routledge. Carey, C. & R. A. Reid (1985) Demosthenes. Selected Private Speeches, Cambridge. Gagarin, M. (2002) Antiphon the Athenian: oratory, law, and justice in the age of the Sophists, Austin, Texas. Giezek, J. (2013) Świadomość sprawcy czynu zabronionego, Warszawa. Harris, E. M. (2001) ‘How to kill in Attic Greek. The semantics of the verb (apo)kteinein and their implications for Athenian homicide law’, in Symposion 1997, 75-88 (repr. Harris, Democracy and the rule of law, 391-404). Kaczmarek, T. (red.) (1990) Teoretyczne problemy odpowiedzialności karnej w polskim i niemieckim prawie karnym, Wrocław. Lanni, A. (2006) Law and Justice in the Courts of Classical Athens, Cambridge. Loomis, W. T. (1972) ‘The Nature of Premeditation in Athenian Homicide Law’, Journal of Hellenic Studies 92, 86-95. MacDowell, D. M. (1963) Athenian homicide law in the age of the orators, Manchester. ——— (1968) ‘Unintentional homicide in the Hippolytos’, Rheinisches Museum 111, 156-8. MacDowell, D. M. (1978) The Law in Classical Athens, London. Majewski, J. (2011), ‘O pozaustawowym domniemaniu umyślności oraz jego szkodliwości’ (in:) Umyślność i jej formy, Toruń. Makarewicz J. (1906) Einführung in die Philosophie des Strafrechts auf entwicklungsgeschichtlicher Grundlage, Stuttgart. Phillips, D. D. (2007) ‘Trauma ek pronoias in Athenian law’, Journal of Hellenic Studies 127, 74-137. ——— (2008) Avengers of blood: homicide in Athenian law and custom from Draco to Demosthenes, Stuttgart. (Historia Einzelschriften 202). ——— (2009) ‘Hypereides 3 and the Athenian law of contracts’ Transactions of the American Philological Association 139, 89-112. ——— (2013) Law of ancient Athens, Ann Arbor. Todd, S. C. (1993) The shape of Athenian law, Oxford. Wohl, V. (2010) ‘A tragic case of poisoning: intention between tragedy and the law’, Transactions of the American Philological Association 140, 33-70.

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