Ancient Greek Arbitration, by Derek Roebuck - Vol. 11 No. 4 ARIA 2000
Perhaps surprisingly for some, history is not a neglected subject as far as arbitration is concerned. Works on arbitration in ancient Greek, Roman and Jewish law as well as in Olde England and other civilizations abound in contemporary legal literature. The temptation to study the past is too strong to resist even among those who are concerned with the present. It proved irresistible for Derek Roebuck. In quick succession he has published, in addition to several articles, two excellent books on the subject. In 2000 a book entitled Tales of Arbitration from Ancient Literature and in 2001 the book under the present review.
The purpose of the book, as the author sees it, is to increase understanding of present systems of resolving disputes by showing how arbitration and mediation have operated and developed in other times and places. Mr. Roebuck admits that he is neither a trained historian nor a practicing arbitrator. He is a professor of comparative law and legal history with an education in classical languages and an obsession with translation. He deliberately chooses an interdisciplinary approach: he blends history with classics, comparative law, anthropology and linguistics. For those who share his love for all things classic, it is a delight to read his book. However, his ambition is to write primarily for those who will influence the future of peaceful dispute resolution by their own thinking and practice.
The book covers a period of seven centuries, from about 700 B.C. to 30 B.C. It is not about arbitration law but the practice of dispute resolution other than litigation. The subject is discussed within the legal system of the Greeks, but it must be remembered that at no time was there one system of law or procedure for the whole Greek world. Unlike the Romans, the ancient Greeks had not created a uniform body of law. Most of the evidence of Greek arbitration relied on by the book comes from the speeches delivered before the Athens legal tribunals, and most of the literature cited are the surviving works of Greek poets, dramatists, historians, philosophers and orators.