The Ancient Greece: The Greek Legal System

Although justice cannot be defined, many countries strive to demonstrate this concept through maintaining an effective legal system. The country of Greece did not begin with a written set of laws, but rather the role of creating unwritten laws, to maintain society, fell into the hands of the civilians. This was unsuccessful for several reasons and, therefore, written Greek laws were created to serve the interests of the citizens. The first known written laws of Ancient Greece were created by Draco, the lawgiver; however, the laws formed were harsh and unreasonable. An Athenian statesman, Solon, altered Draco’s laws and introduced the justice system to establish democracy by making the Courts attainable to Greek citizens. Eventually, Greek laws

This was a major accomplishment for the country since centuries ago, punishments in Ancient Greece did not differentiate between the actions of individuals that had the mens rea in comparison to those who did not. The introduction of these concepts within the courts resulted in the legal system to consider concepts such as due diligence, mitigating factors, mens rea, actus reus and several other components which were taken into consideration during trials. The Greek constitution guarantees all citizens with fundamental human rights as stated within the Individual and Social Rights sections in the constitution. Many of the rights and freedoms stated are similar to the Canadian constitution, for example, the freedom of religion, the freedom of expression, and having equal rights for all citizens. When comparing and contrasting these countries’ constitution, it is evident that justice is achieved through its fundamental human rights that results in equality for all. The Greek Constitution “includes the main rules concerning the structure of the State, the exercise of its powers by the authorities as well as a list of human rights” (Government and Politics, n.d.). The Greek courts follow the inquisitorial trial system, much like other European countries in which the judge of the court has an active role during questioning in comparison to the adversarial system. “The inquisitorial system appears to be more adept at identifying and investigating the relevant facts and ensuring that this is all taken into account when deciding to proceed with a trial. As such, it seems to be a more cost-effective method of conducting a criminal trial” (Teacher, 2013). Throughout time, Greece has established justice during trials with its inquisitorial trial system, its constitution and its rights and