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15 - Commercial Law

from Part 3: - Law in Athens II: Substantive Law

Published online by Cambridge University Press:  28 August 2006

Michael Gagarin
Affiliation:
University of Texas, Austin
David Cohen
Affiliation:
University of California, Berkeley
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Summary

A defining characteristic of classical Greek civilization is its tendency to understand and to organize phenomena not (as we do) through definitional focus on a specific subject in isolation, but through contrast, preferably through complementary antithesis. In no context, perhaps, is this trait more striking than in the area of commerce and commercial law. Although Anglo-American law easily contrasts “real property” and “personal property” but still allows for items sharing certain characteristics of both (“fixtures”), the Greek antithetical universe recognized only two contrasting divisions - “visible property” (phanera ousia) or “invisible property” (aphanēs ousia) - and even the differentiation between realty and personalty tended to be expressed through this distinction. Even the sale of sex was practiced through polarity: pragmatic business and conceptual legal distinctions flow from the binary contrast of the pornē (“whore”) and the hetaira (“courtesan”).

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Publisher: Cambridge University Press
Print publication year: 2005

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  • Commercial Law
  • Edited by Michael Gagarin, University of Texas, Austin, David Cohen, University of California, Berkeley
  • Book: The Cambridge Companion to Ancient Greek Law
  • Online publication: 28 August 2006
  • Chapter DOI: https://doi.org/10.1017/CCOL0521818400.016
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  • Commercial Law
  • Edited by Michael Gagarin, University of Texas, Austin, David Cohen, University of California, Berkeley
  • Book: The Cambridge Companion to Ancient Greek Law
  • Online publication: 28 August 2006
  • Chapter DOI: https://doi.org/10.1017/CCOL0521818400.016
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Commercial Law
  • Edited by Michael Gagarin, University of Texas, Austin, David Cohen, University of California, Berkeley
  • Book: The Cambridge Companion to Ancient Greek Law
  • Online publication: 28 August 2006
  • Chapter DOI: https://doi.org/10.1017/CCOL0521818400.016
Available formats
×