| 1. Sophocles, Antigone, 450 (5th cent. BCE - 5th cent. BCE) Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 7 |
| 2. Andocides, On The Mysteries, 85 (5th cent. BCE - 4th cent. BCE) Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 3 |
3. Thucydides, The History of The Peloponnesian War, 5.105.1-5.105.2 (5th cent. BCE - 4th cent. BCE) Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 9| 5.105.1. ΑΘ. τῆς μὲν τοίνυν πρὸς τὸ θεῖον εὐμενείας οὐδ’ ἡμεῖς οἰόμεθα λελείψεσθαι: οὐδὲν γὰρ ἔξω τῆς ἀνθρωπείας τῶν μὲν ἐς τὸ θεῖον νομίσεως, τῶν δ’ ἐς σφᾶς αὐτοὺς βουλήσεως δικαιοῦμεν ἢ πράσσομεν. 5.105.2. ΑΘ. ἡγούμεθα γὰρ τό τε θεῖον δόξῃ τὸ ἀνθρώπειόν τε σαφῶς διὰ παντὸς ὑπὸ φύσεως ἀναγκαίας, οὗ ἂν κρατῇ, ἄρχειν: καὶ ἡμεῖς οὔτε θέντες τὸν νόμον οὔτε κειμένῳ πρῶτοι χρησάμενοι, ὄντα δὲ παραλαβόντες καὶ ἐσόμενον ἐς αἰεὶ καταλείψοντες χρώμεθα αὐτῷ, εἰδότες καὶ ὑμᾶς ἂν καὶ ἄλλους ἐν τῇ αὐτῇ δυνάμει ἡμῖν γενομένους δρῶντας ἂν ταὐτό. | 5.105.1. ‘When you speak of the favour of the gods, we may as fairly hope for that as yourselves; neither our pretensions nor our conduct being in any way contrary to what men believe of the gods, or practise among themselves. 5.105.2. of the gods we believe, and of men we know, that by a necessary law of their nature they rule wherever they can. And it is not as if we were the first to make this law, or to act upon it when made: we found it existing before us, and shall leave it to exist for ever after us; all we do is to make use of it, knowing that you and everybody else, having the same power as we have, would do the same as we do. |
|
4. Xenophon, Memoirs, 4.4.19 (5th cent. BCE - 4th cent. BCE) Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 8| 4.4.19. ἀγράφους δέ τινας οἶσθα, ἔφη, ὦ Ἱππία, νόμους; τούς γʼ ἐν πάσῃ, ἔφη, χώρᾳ κατὰ ταὐτὰ νομιζομένους. ἔχοις ἂν οὖν εἰπεῖν, ἔφη, ὅτι οἱ ἄνθρωποι αὐτοὺς ἔθεντο; καὶ πῶς ἄν, ἔφη, οἵ γε οὔτε συνελθεῖν ἅπαντες ἂν δυνηθεῖεν οὔτε ὁμόφωνοί εἰσι; τίνας οὖν, ἔφη, νομίζεις τεθεικέναι τοὺς νόμους τούτους; ἐγὼ μέν, ἔφη, θεοὺς οἶμαι τοὺς νόμους τούτους τοῖς ἀνθρώποις θεῖναι· καὶ γὰρ παρὰ πᾶσιν ἀνθρώποις πρῶτον νομίζεται θεοὺς σέβειν. | 4.4.19. Do you know what is meant by unwritten laws, Hippias? Yes, those that are uniformly observed in every country. Could you say that men made them? Nay, how could that be, seeing that they cannot all meet together and do not speak the same language? Then by whom have these laws been made, do you suppose? I think that the gods made these laws for men. For among all men the first law is to fear the gods. |
|
| 5. Demosthenes, Against Aristocrates, 61 (4th cent. BCE - 4th cent. BCE) Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 7 |
| 6. Anaximenes of Lampsacus, Rhetoric To Alexander, None (4th cent. BCE - 4th cent. BCE) Tagged with subjects: •nan Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 10 |
| 7. Aristotle, Rhetoric, None (4th cent. BCE - 4th cent. BCE) Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 10 |
| 8. Cicero, Pro Milone, 10 (2nd cent. BCE - 1st cent. BCE) Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 11 |
9. Dionysius of Halycarnassus, Roman Antiquities, 7.41, 7.52 (1st cent. BCE - missingth cent. CE) Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 11 | 7.41. 1. "I shall speak first concerning the point of justice. After you had got rid of the kings with our assistance, senators, and had established our present constitution, with which we find no fault, you observed that the plebeians had always the worse of it in their suits whenever they had any difference with the patricians, which frequently happened; and you accordingly sanctioned a law, on the advice of Publius Valerius, one of the consuls, permitting the plebeians, when oppressed by the patricians, to appeal their cases to the people; and by means of this law more than by any other measure you both preserved the harmony of the commonwealth and repulsed the attacks of the kings.,2. It is in virtue of this law that we summon Gaius Marcius here to appear before the people because of the injustice and oppression which we all declare we have suffered at his hands, and we call upon him to make his defence before them. And in this case a preliminary decree was not necessary. For whereas in matters concerning which there are no laws you have the right to pass such a decree and the people have the right to ratify it, yet when there is an inviolable law, even though you pass no decree, that law must of course be observed.,3. For surely no one will say that this appeal to the people must be allowed in the case of private citizens who have got the worst of it in their trials, but not in the case of us, the tribunes.,4. Firmly relying, therefore, upon this concession of the law, and thus encouraged to run the risk of submitting our cause to you as our judges, we have come before you. And in virtue of an unwritten and unenacted natural right we make this demand of you, senators, that we may be in neither a better nor a worse condition than you at least in the matter of justice, inasmuch as we have assisted you in carrying on many important wars and have shown the greatest zeal in getting rid of the tyrants, and have had no small part in enabling the commonwealth to take orders from none but to give laws to others.,5. Now the most effectual means you could take, fathers, to put us in no worse a condition than yourselves in point of rights would be to stop those who are making illegal attempts against our persons and our liberty, by placing before their eyes the fear of a trial. So far as magistracies, special privileges, and offices are concerned, we believe we should bestow them upon those who excel us in merit and fortune; but to suffer no wrong, and to receive justice adequate to any wrongs one may sustain, are rights, we hold, which should be equal and common to all who live under the same government.,6. Accordingly, just as we yield to you the privileges that are illustrious and great, so we do not intend to give up those that are equal and common to all. Let this suffice concerning the point of justice, though there are many other things that might be said. "Bear with me now while I explain to you in a few words how these demands of the people will also be advantageous to the commonwealth. For, come now, if anyone should ask you what you regard as the greatest of the evils that befall states and the cause of the swiftest destruction, would you not say it is discord? I, at least, think you would. 7.52. 1. "That this matter, which is the subject of your present consideration, is also of a piece with their other unjust and illegal attempts and not, as the tribune endeavoured to prove in order to deceive you, a just and reasonable request, let those among you now learn who are not yet certain of it. Well then, the law relating to the popular courts, the law upon which Decius relied for his chief support, was not enacted against you patricians, but for the protection of such plebeians as are oppressed, as the law itself, written in unequivocal terms, plainly shows, and as all of you, being perfectly acquainted with it, always declare to be the case.,2. Strong proof of this is afforded by the length of time it has been in force, which seems to be the best criterion in the case of every disputed principle of law; for nineteen years have now passed since this law was enacted, and during all this time Decius cannot point to a single instance of a trial, either public or private, brought against any patrician in virtue of this law. But if he shall assert that he can, let him produce it and we need no further discussion.,3. As to the agreement you recently entered into with the plebeians (for it is necessary that you should be informed about this also, since the tribune has shown himself an unscrupulous interpreter of it), it contains these two concessions â that the plebeians shall be discharged of their debts, and that these magistrates shall be elected annually for the relief of the oppressed and the prevention of injustice toward them; and except these, there is no other provision.,4. But let the greatest indication to you that neither this law nor the compact has given the populace the power of trying a patrician be the present behaviour of the populace themselves. For they ask this power of you today, as not having possessed it hitherto; yet no one would ask to receive from others anything to which he is entitled by law.,5. And how can this, senators, be a natural, unwritten right â for Decius thought you ought to consider this â that the populace shall try all causes in which the plebeians are involved, whether the actions are brought against them by the patricians, or by them against the latter, while patricians, whether plaintiffs or defendants in any suit with the plebeians, shall not decide those controversies, but the plebeians shall be given the advantage in both cases, while we enjoy neither right?,6. But if Marcius or any other patrician whatsoever has injured the people and deserves either death or banishment, let him be punished after being tried, not by them, but here, as the law directs. Unless, forsooth, Decius, the populace will be impartial judges and would not show any favour to themselves when giving their votes concerning an enemy, whereas these senators, if they are empowered to vote in his case, will regard the wrong-doer as of more importance than the commonwealth that suffers from his wrongdoing, when as the result of their verdict they are sure to draw upon themselves a curse, the guilt of perjury, the detestation of mankind, and the anger of the gods, and to go through life haunted by dismal hopes!,7. It is unworthy of you, plebeians, to entertain these suspicions about the senate, to whom you acknowledge that you concede honours, magistracies, and the most important powers in the commonwealth on the basis of merit, and to whom you say you feel very grateful for the zeal they showed for your return. These sentiments are inconsistent with one another; and it is not reasonable that you should fear those you commend and entrust the same persons with the more serious responsibilities while at the same time distrusting them in those of less consequence.,8. Why do you not keep to one uniform judgment, either trusting them in everything or distrusting them in everything? But, on the contrary, you think them capable of passing a preliminary decree about principles of right, but not of sitting in judgment concerning these very principles involved in that decree. I had many other things to say concerning the rights of this matter, senators; but let this suffice. |
|
| 10. Philo of Alexandria, Allegorical Interpretation, 3.157 (1st cent. BCE - missingth cent. CE) Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 3 |
| 11. Plutarch, Sayings of The Spartans, None (1st cent. CE - 2nd cent. CE) Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 7 |
12. Dio Chrysostom, Orations, 76.1 (1st cent. CE - missingth cent. CE) Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 7 | 76.1. Custom is a judgement common to those who use it, an unwritten law of tribe or city, a voluntary principle of justice, acceptable to all alike with reference of that same matters, an invention made, not by any human being, but rather by life and time. Therefore, while of the laws in general each obtains its power through having been approved one and for all, custom is constantly being subjected to scrutiny. Moreover, while no law will readily be chosen by everybody â for it is by the opinions of the majority that it is ratified â yet a custom could not come into being if not accepted by all. Again, while law by threats and violence maintains its mastery, it is only when we are persuaded by our customs that we deem them excellent and advantageous. |
|
| 13. Plutarch, Dinner of The Seven Wise Men, None (1st cent. CE - 2nd cent. CE) Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 7 |
| 14. Tertullian, On The Crown, 274-275 (2nd cent. CE - 3rd cent. CE) Tagged with subjects: •nan Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 8 |
| 15. Palestinian Talmud, Rosh Hashanah, None (2nd cent. CE - 5th cent. CE) Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 4 |
| 16. Archytas of Tarentum, Peri Nomou Kai Dikaiosynes Ap. Stobaeus, 4.1.132, 4.1.135 Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 9 |
| 17. Tertullian, In Stephanum, 1.53 Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 8 |
| 18. Plutarch, Satires, 2.3.188 Tagged with subjects: •unwritten law, vis a vis written law Found in books: Martens (2003), One God, One Law: Philo of Alexandria on the Mosaic and Greco-Roman Law, 4 |
