Law In The Ancient World

Law in the Ancient World examines the legal philosophy, legal institutions, and laws of the ancient Mesopotamians, Egyptians, Greeks, and Romans. Ancient documents, accounts, and literature provide the basis for a wide perspective of law and the procedural features of these ancient legal systems. VerSteeg delineates and analyzes the elements of ancient laws, explaining how social, religious, cultural, and political forces shaped both procedure and substance. The book is comprised of four units: I. Early Mesopotamian Law; II. Law in Ancient Egypt; III. Law in Classical Athens; and IV. Roman Law. Each unit has three chapters, and the first chapter in each unit begins with an overview which provides essential historial background. Next, each initial chapter considers the role of law in society, exploring law in the abstract, the theoretical bases of justice. The middle chapters in each unit trace the development of the ancient judicial systems, distinguishing the various types of judges, courts, and procedures that were employed to make justice available to both citizens and foreigners. The third chapter in each unit reconstructs the substantive laws, including sections detailing Personal Status, Property, Family Law, Inheritance & Succession, Torts, Criminal Law, and Contracts & Commercial Law. A variety of sources, such as early law collections, land records, wills, sales documents, court chronicles, works of ancient literature, accounts of ancient trials, and great codes such as Justinian's Corpus Iuris Civilis illustrate the sophisticated, often subtle, and complex nature of law in the ancient world.

An engaging look at how ancient Greeks and Romans crafted laws that fit--and, in turn, changed--their worlds

In this comprehensive and accessible sourcebook, Ilias Arnaoutoglou presents a collection of ancient Greek laws, which are situated in their legal and historical contexts and are elucidated with relevant selections from Greek literature and epigraphical testimonies. A wide area of legislative activity in major and minor Greek city-states, ranging from Delphoi and Athens in mainland Greece, to Gortyn in Crete, Olbia in South Russia and Aegean cities including Ephesos, Samos and Thasos, is covered. Ilias Arnaoutoglou divides legislation into three main areas: * the household - marriage, divorce, inheritance, adoption, sexual offences and personal status * the market-place - trade, finance, sale, coinage and leases * the state - constitution, legislative process, public duties, colonies, building activities, naval forces, penal regulations, religion, politics and inter-state affairs. Dr Arnaoutoglou explores the significance of legislation in ancient Greece, the differences and similarities between ancient Greek legislation and legislators and their modern counterparts and also provides fresh translations of the legal documents themselves.

John Sassoon's study of the written laws of four thousand years ago puts paid to the belief that the most ancient laws were merely arbitrary and tyrannical. On the contrary, the earliest legal systems honestly tried to get to the truth, do justice to individuals, and preserve civil order. They used the death penalty surprisingly seldom, and then more because society had been threatened than an individual killed. Some of the surviving law codes are originals, others near-contemporary copies. Together they preserve a partial but vivid picture of life in the early cites. This occupies more than half the book. Comparison of ancient with modern principles occupies the remainder and is bound to be controversial; but it is important as well as fascinating. The first act of writing laws diminished the discretion of the judges and foretold a limit on individual justice. Some political principles such as uniformity of treatment or individual freedom have, when carried to extremes, produced crises in modern legal systems world wide. But it is tempting but wrong to blame the judges or the lawyers for doing what society require of them.

In his preface, Maine defines his scope: "...the chief object of the following pages is to indicate some of the earliest ideas of mankind, as they are reflected in Ancient Law, & to point out the relation of these ideas to modern thought."

A topic fundamental to understanding the ancient world

Andrew Riggsby provides a survey of the main areas of Roman law, and their place in Roman life.

The Code of Hammurabi is a well-preserved Babylonian law code of ancient Mesopotamia, dating back to about 1754 BC. It is one of the oldest deciphered writings of significant length in the world. The sixth Babylonian king, Hammurabi, enacted the code, and partial copies exist on a man-sized stone stele and various clay tablets. The Code consists of 282 laws, with scaled punishments, adjusting "an eye for an eye, a tooth for a tooth" (lex talionis) as graded depending on social status, of slave versus free man. Nearly one-half of the Code deals with matters of contract, establishing, for example, the wages to be paid to an ox driver or a surgeon. Other provisions set the terms of a transaction, establishing the liability of a builder for a house that collapses, for example, or property that is damaged while left in the care of another. A third of the code addresses issues concerning household and family relationships such as inheritance, divorce, paternity, and sexual behavior. Only one provision appears to impose obligations on an official; this provision establishes that a judge who reaches an incorrect decision is to be fined and removed from the bench permanently. A few provisions address issues related to military service. Hammurabi ruled for nearly 42 years, c. 1792 to 1750 BC according to the Middle chronology. In the preface to the law, he states, "Anu and Bel called by name me, Hammurabi, the exalted prince, who feared Marduk, the patron god of Babylon (The Human Record, Andrea & Overfield 2005), to bring about the rule in the land." On the stone slab there are 44 columns and 28 paragraphs that contained 282 laws. The laws follow along the rules of 'an eye for an eye'.