Νομικές "στάσεις" και ελληνικά δίκαια από τον Ερμαγόρα στον Ερμογένη
Part of : Επετηρίς του Κέντρου Ερεύνης της Ιστορίας του Ελληνικού Δικαίου ; No.42, 2010, pages 111-134
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111-134
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Legal issues and greek laws from Hermagoras to Hermogenes
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“Issue-theory” -formulated supposedly by Hermagoras of Temnos (2nd century B.C.E), though its origins can be traced back in the 4th century- was the centre of rhetorical training in the Imperial age. Synegoroi in the free Greek cities (civitates liberae) organized their speeches before the local greek courts, or the judicial conventus of the Roman governor, on the basis of the “issue” (stases) on which any given case depended. The technical doctrine of the 2nd century C.E., “On Issues” (Peri ton staseon), written by the rhetor Hermogenes, who flourished in the reign of Marcus Aurelius (C.E. 161-180), can be used in order to examine the legal reality of the Greek cities under Roman rule. In the present paper, after a brief historical introduction on Hermogenes’ identity -arguing that he must not be identified with the Hermogenes of Tarsus in Philostratus’ Lives of the Sophists (577)- the division and function of “legal issues” is examined and a survey on the legal background of Hermogenes’ work is attempted. Imaginary laws and court cases used by Hermogenes in the discussion of each individual issue have strong links with actual Greek and Roman legislation and reflect the political and social tendencies of the Greek world in the 2nd and 3rd centuries C.E.
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