Publisher's Synopsis
Excerpt from Evidence in Athenian Courts
Our materials for constructing the history of the law of evidence are comparatively limited The evidentiary oath constitutes the sole excep tion, for its history can be traced with considerable certainty. But even here there are serious gaps. We are at a loss to know how the evidentiary oath degenerated into the formal and almost meaningless party oath sworn by both parties to a suit when the pleadings were filed, or how it came to be extended to witnesses.4 But the reason for the provision requiring evidence to be written, the origin of arbitration, and the nature of the original jurisdiction of magistrates which survived in the dvdxpwce present questions that can be answered only by conjecture. And there are many other cases where the practice of the Orators can be thor oughly understood only in the light of history, which unfortunately we are not able to reconstruct.
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