Changes

We think today that an effective judicial system is necessary for any society to function and provide justice to its citizens. The concept of justice, in fact, has evolved from very early written history, showing some similarities early on with modern ideas of law and justice for individuals. ====Early Development==== Already by By the mid-third millennium BC, concepts of precedent and jurisprudence had developed, where judges would decide cases on civil and criminal matters. Laws were seen as a way to dispense justice, a key quality for kings in their service to the gods. Some of the earliest laws, although very likely even earlier laws existed, derive from the ancient Sumarian city of Lagash, located in southern Mesopotamia (southern Iraq), during the reign of Urukagina. The laws or edicts seem to have been written at around 2350 BC. <ref>For more general information on Urukagina’s early laws, see: VerSteeg, Russ. 2000. ''Early Mesopotamian Law''. Durham, N.C: Carolina Academic Press, pg. 18.</ref> Remarkably, already at this early date there was a clear understanding of individual rights and checks to prevent the abuse of power by authorities. This included limits seizure of land by the temples, which were powerful institutions by this time, or wealthy individuals.<ref>For further information on such early Mesopotamian states and laws, see: Yoffee, Norman. 2004. ''Myths of the Archaic State: Evolution of the Earliest Cities, States and Civilizations''. New York: Cambridge University Press, pg. 103.</ref> There was a check on state tax collection, while efforts were made to dispense justice in cases of murder and criminal actions such as theft. Unlike the later Laws of Hammurabi, there does not seem to be an emphasis on capital punishment for criminal actions. Cases of divorce were removed from state authority to a civil matter. The king even returned land and other property his predecessors had seized; the laws state that they are intended to protect the vulnerable in society, particularly widows and orphans. While these early laws are fragmentary, as the entire legal code and proceedings are not known, they do show that individuals were provided with rights to prevent abuse by authorities and to remove state authority from certain types of family matters. [[File:Ur_Nammu_code_Istanbul.jpg|thumbnail|200px|Figure 1. Tablet from the law code of Ur-Nammu.]]On the other hand, some have suggested there is evidence that the laws also enshrined men’s authority in society. There seems to be a ban on polyandry, or marriage of multiple men by a woman, while no evidence indicates polygamy was banned. A punishment for adultery seems to have existed for women, but there is no evidence any punishment was enacted on men. Overall, scholars see these laws as an attempt to reform society, which may have become increasingly controlled by a limited number of authorities and abuse of common citizens became more common. The laws are seen to have attempted to rebalance power and provide protection to common citizens.<ref>For summary of the laws of Urukagina, see: Kramer, Samuel Noah. 1995. ''The Sumerians: Their History, Culture, and Character''. 12. [pr.]. Chicago: The Univ. of Chicago Press.</ref> ==The Laws of Ur-Nammu==

Interestingly, the concept of “eye for an eye” does not seem to be applied in the law code, as many offences were resolved through fines rather than equal harm. The law code shows that women did have some protection, including women receiving payment in cases of divorce, and were not assumed to be the guilty party in sexual crime, although it is clear justice was not the same for slaves and freepersons. In cases of rape of another man’s wife, then the perpetrator would be punished by death, while rape of a slave was punished through a fine. In fact, many of the surviving laws deal with slavery, including payments of money to people who recover slaves who escaped or if a son is born to a slave marrying a freeperson, then that son belongs to the freeperson owner.<ref> For information and definitive study on the laws of Ur-Nammu, see: ''Code of Ur-Nammu''. 2012. [Place of publication not identified]: Book On Demand.</ref>

====Later Laws and Hammurabi====[[File:Ur_Nammu_code_Istanbul724px-P1050771_Louvre_code_Hammurabi_bas_relief_rwk.jpgjpeg|thumbnail|200px250px|Figure 12. Tablet from Figures at the law code top of Ur-Nammustele that includes the Hammurabi Code.]]Already by the early second millennium BC, between 2000-1800 BC, we begin to see law codes in cities such as Isin and Eshnunna in Mesopotamia. Many laws were focused on property issues, regulating trade, prices, equipment, while accidents and fines were also discussed. In many cases of sexual offences, theft, and bodily injury, it seems fines were more commonly used rather than simply harsher punishments.<ref>For more information on Mesopotamia laws, see: Roth, Martha Tobi, Harry A. Hoffner, and Piotr Michalowski. 1997. ''Law Collections from Mesopotamia and Asia Minor. 2. ed. Writings from the Ancient World, vol. 6''. Atlanta, Ga: Scholars Press.</ref>

Already by One of the early second millennium BCmost famous law codes, between 2000-1800 BCand for a long time seen as the oldest law code, we begin was the law code attributed to see Hammurabi (Figure 2), who ruled in Babylon in Mesopotamia. While the law codes code of Hammurabi is famous for having very harsh punishment in cities such many decrees, including the death penalty, the law code was also enshrined as Isin a form of constitution for citizens. It gave them rights and Eshnunna in Mesopotamiarequired evidence be produced when accusations were made and there is an assumption of innocence until sufficient evidence proved otherwise. Many laws were focused on property issuesTaking oaths before gods, regulating tradethe concept of using divine figures, prices, equipmentwhich we have retained in our own laws, while accidents and fines justifying laws as a way to help the oppressed were justification for the code. However, the utilization of the water ordeal also discussedshows superstition was sometimes used as a form of proof. The Hammurabi law is also well known for concepts of equal punishment for a given offence. Thus, the phrase “eye for an eye” first appears in Hammurabi’s laws. In many cases The laws seem to have been distributed to various parts of Hammurabi’s empire, suggesting it was intended as a type of sexual national law, as multiple copies have been found. The code was organized into sections dealing with related matters, including topics dealing with slander, trade, criminal offences, slavery, workers’ duties, theft, food, family matters, liability, and bodily injury, it seems fines were more commonly used rather than simply harsher punishmentsdivorce.<ref>For more information on Mesopotamia lawsthe law code of Hammurabi, see: RothHorne, Martha TobiCharles F, Harry AC. H. HoffnerW Johns, and Piotr MichalowskiL. 1997W King. Law Collections from Mesopotamia and Asia Minor2007. 2''The Code of Hammurabi''. edLexingston, KY: Forgotten Books. Writings from </ref> The laws, in many respects, incorporate some of the older Sumerian laws while also adopting Amorite custom, which was the cultural group associated with Hammurabi.<ref>For more information about the Ancient Worldinspirations for Hammurabi’s laws, see: Tetlow, volElisabeth Meier. 62004. Atlanta''Women, Crime, Gaand Punishment in Ancient Law and Society''. New York: Scholars PressContinuum, pg. 53.</ref>

One of the most famous law codesHowever, and for a long time seen as the oldest law no judicial case written has been found to indicate Hammurabi’s code, was directly invoked. This suggests the law code attributed may have also been an attempt to deter criminal behavior, as Hammurabi (Figure 2), who ruled in Babylon in Mesopotamia. While suggests lawlessness may have prompted the law code creation of Hammurabi is famous for having very harsh punishment in many decrees, including the death penalty, the law code was also enshrined as a form of constitution for citizens. It gave them rights and required evidence be produced when accusations were made and there is an assumption of innocence until sufficient evidence proved otherwise. Taking oaths before gods, the concept of using divine figures, which we have retained in our own harsh laws, and justifying laws as a way were need to help the oppressed were justification for the codediminish criminality. However, the utilization of the water ordeal Hammurabi also shows superstition was sometimes used instructs officials to apply precedent as a form of proof. The Hammurabi foundation for law in his letters, which is also well known for again similar to modern concepts of equal punishment for a given offence. Thus, the phrase “eye for an eye” first appears in Hammurabi’s laws. The laws seem to have been distributed to various parts of Hammurabi’s empire, suggesting it was intended as a type of national law, as multiple copies have been found. The code was organized into sections dealing with related matters, including topics dealing with slander, trade, criminal offences, slavery, workers’ duties, theft, food, family matters, liability, and divorcejudicial practice.<ref>For more information on the Hammurabi’s application of law code of Hammurabi, see: HorneVerSteeg 2000, Charles F, C. H. W Johns, and Lpg. W King. 2007. The Code of Hammurabi. Lexingston, KY: Forgotten Books16.</ref> The Finally, comparisons between the law code and the later Mosaic lawsshow some similar structures. For instance, the use of divine authority, in many respectsthe concept of an eye for an eye and tooth for a tooth, incorporate some use of the older Sumerian laws while also adopting Amorite customwitnesses, which was the cultural group associated and major concern with Hammurabiproperty are common to both laws.<ref>For more information about the inspirations for on comparisons between Mosaic and Hammurabi’s lawslaw, see: TetlowDavies, W. W, Elisabeth Meierand Hammurabi. 20042009. Women, Crime''The Codes of Hammurabi and Moses: With Copious Comments, Index and Punishment in Ancient Law and SocietyBible References''. Cincinnati, Ohio; New York: Continuum, pg. 53Jennings and Graham ; Eaton and Mains.</ref> This does not suggest that Hammurabi’s law necessarily influenced the later Biblical law, but it could suggest common shared culture across Mesopotamia and other Near East societies.

However, no judicial case written has been found to indicate Hammurabi’s code was directly invoked. This suggests ====Other Near East States==== We see throughout the 2nd millennium BC law code may have also been an attempt to deter criminal behaviorcodes appearing in the ancient Near East, as Hammurabi suggests lawlessness may have prompted including in the creation of Hittite Empire located in Anatolia. These laws cover assault, marital relationships, theft, contracts, and sexual relationships. In most cases, there is an aversion for the law code death penalty and the harsh laws fines or enslavement for serious cases were need to diminish criminalityapplied. Hammurabi also instructs officials Slavery, similar to apply precedent how it was applied in Mesopotamia, was utilized as a foundation for law in his letters, which is again similar to modern concepts form of judicial practicepenal system.<ref>For more information on Hammurabi’s application of lawHittite laws, see VerSteeg 2000: Hoffner, Harry A. 1997. ''The Laws of the Hittites: A Critical Edition''. Documenta et Monumenta Orientis Antiqui, pgv. 1623. Leiden ; New York: Brill.</ref> Finally, comparisons between The Assyrian laws also were encoded at about the law code and the later Mosaic same time. These laws show some similar structures. For instance, the use of divine authorityhowever, were far more gruesome in punishment, the concept of an eye for an eye with offenders often having noses and tooth ears chopped for a tootheven minor infractions. In cases of murder, use the families of witnesses, and major concern with property are common the victim were able to choose how the perpetrator was put to both lawsdeath. <ref>For more information on comparisons between Mosaic and Hammurabi’s lawthe Assyrian laws, see: DaviesSaporetti, WC. W, and Hammurabi1984. 2009''Middle Assyrian Laws. The Codes of Hammurabi and Moses: With Copious Comments, Index and Bible ReferencesCybernetica Mesopotamica''. Cincinnati, Ohio; New YorkMalibu: Jennings and Graham ; Eaton and MainsUndena Publications.</ref> This does not suggest that Hammurabi’s law necessarily influenced the later Biblical law, but it could suggest common shared culture across Mesopotamia and other Near East societies.[[File:D542- code des lois du roi hammurabi. -L2-Ch 3.png|thumbnail|200px|Figure 2. Law code of Hammurabi written on a stele.]]

==Other Near East States== Conclusion====Certainly we should expect other societies, such as in the Indus or ancient Egypt, to have had major law codes, although these did not survive or have not left understood records for us. What the early Mesopotamia records show is that concepts of witnesses, using judges, protecting the oppressed, individual’s rights, legal frameworks and precedent, law as having divine origin, and a variety of punishments, including imprisonment and fines, had developed early in complex societies.<div class="portal" style="width:85%;">====Related DailyHistory.org Articles====*[[American Legal History Top Ten Booklist]]*[[How did Monotheism Develop?]]*[[How did the concept of paradise develop?]]*[[What are the Origins of Astronomy?]]*[[Why was Alexander the Great So Successful In His Conquests?]]</div>====References====<references/>

We see throughout the 2nd millennium BC law codes appearing in the ancient Near East, including in the Hittite Empire located in Anatolia. These laws cover assault, marital relationships, theft, contracts, and sexual relationships. In most cases, there is an aversion for the death penalty and fines or enslavement for serious cases were applied. Slavery, similar to how it was applied in Mesopotamia, was utilized as a form of penal system. <ref>For information on Hittite laws, see[[Category: Hoffner, Harry A. 1997. The Laws of the Hittites: A Critical Edition. Documenta et Monumenta Orientis Antiqui, v. 23. Leiden ; New York: Brill.</ref> The Assyrian laws also were encoded at about the same time. These laws, however, were far more gruesome in punishment, with offenders often having noses and ears chopped for even minor infractions. In cases of murder, the families of the victim were able to choose how the perpetrator was put to death.<ref>For information on the Assyrian laws, seeWikis]][[Category: Saporetti, C. 1984. Middle Assyrian Laws. Cybernetica Mesopotamica. MalibuLegal History]][[Category: Undena Publications.</ref> ==Conclusion==Ancient History]]Certainly we should expect other societies, such as in the Indus or ancient Egypt, to have had major law codes, although these did not survive or have not left understood records for us. What the early Mesopotamia records show is that concepts of witnesses, using judges, protecting the oppressed, individual’s rights, legal frameworks and precedent, law as having divine origin, and a variety of punishments, including imprisonment and fines, had developed early in complex societies.{{Contributors}}