Greek Arbitration: Homer to Classical Athens. An Investigation into the Role of the Community in Private and Public Arbitration.

Source: (1998) Thesis submited to the Department of Classics for the degree of Master of Arts. Queen’s University. Kingston, Ontario, Canada.

Greek arbitration was developed out of the community’s need to resolve conflict.
Earlier schoiarship, however, has often used a legai fiarnework with which to explain its
development. The tindings of previous scholarship have proven insigffil in regard to
the mechanics of the ancient process. Earlier scholarship, however, has not given
nifficient emphasis to the role of the community in the development of arbitration
At its centre Greek arbitration was a survival mechanism. The Greek community,
fiom the Homeric period forward, was constantly tfireatened by both intemal and external
violence. In order to address these dangers, the communïty as a whole created a method
designed to resolve confiict. Greek arbitration was an innovation because throughout the
process the community was directly involved in the legitimisation of the process. The
comrnunity itself developed arbitration. In order to illuminate this, a modem conflict
resolution process, mediation-arbitratioo, is better able to cIanfy previously overlooked
aspects of the process. (author’s abstract)