Dēmos · Classical Athenian Democracy · a Stoa Publication
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→ § 25 (Dem. 59).
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Craig Gibson, trans., edition of April 30, 2003
page 26 of 58
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Libanius (Lib. Arg. Orat. Dem.).
(1) They also do not think that this speech is by Demosthenes,33 as it is flat and in many ways quite inferior to the orator’s power. Its hypothesis is as follows. (2) There is a law which orders that a foreign woman be sold into slavery if she lives with an Athenian man. So in accordance with this law, Theomnestus has come to court against Neaera, saying that she is living with Stephanus, although she had formerly been a slave of Nicarete and a prostitute and now lives by law with Stephanus and has had children by him. (3) Stephanus, however, does not admit to these charges; rather, he says that he does associate with her, but as a prostitute and not as a wife, and that the children he has are not hers. In opposition to this, the plaintiff makes his stand and presents several pieces of evidence to prove that she is living with him as his wife. (4) So then, the issue (stasis) of the speech is one in which the fact is in doubt (stochastike). For the investigation is about existence (peri ousias) [i.e. did the act occur?] and not about the nature or quality of the act. So Theomnestus delivers the first part of the speech, and then he calls his co-plaintiff Apollodorus, his brother-in-law, who presents the main case.
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