Jump to ContentJump to Main Navigation
HorkosThe Oath in Greek Society$
Users without a subscription are not able to see the full content.

Alan Sommerstein and Judith Fletcher

Print publication date: 2008

Print ISBN-13: 9781904675679

Published to Liverpool Scholarship Online: May 2014

DOI: 10.5949/liverpool/9781904675679.001.0001

Show Summary Details
Page of

PRINTED FROM LIVERPOOL SCHOLARSHIP ONLINE (www.liverpool.universitypressscholarship.com). (c) Copyright Liverpool University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in LSO for personal use.date: 14 October 2019

Could a Greek Oath Guarantee a Claim Right?

Could a Greek Oath Guarantee a Claim Right?

Oaths, Contracts and the Structure of Obligation in Classical Athens

Chapter:
(p.60) 5 Could a Greek Oath Guarantee a Claim Right?
Source:
Horkos
Author(s):

David Carter

Publisher:
Liverpool University Press
DOI:10.5949/liverpool/9781904675679.003.0006

This chapter examines whether an oath in classical Athens, like a modern contract, guaranteed a ‘claim right’ – in other words, whether it imposed on the swearer a duty to act in a certain way towards another party. It considers how an oath could reinforce a claim right by making a breach of it an offence, not only against the other party but also against the gods, and begins by discussing claim-right arguments based on alleged breach of contract. The chapter cites examples in Greek literature where a contractual obligation has allegedly not been met, and also describes a procedure known as the dikē emporikē, which was connected with the practice of maritime loans, and its relation to Athenian law. Finally, it analyses the agon from Euripides's play Phoenissae.

Keywords:   oath, Athens, contract, claim right, breach of contract, dikē emporikē, law, agon, Euripides, contractual obligation

Liverpool Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.