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The Earliest Systems
of Justice and Law
In the prehistoric and ancient world, people
usually lived together in villages or cities for protection
against wild animals, invaders or other dangers. When
people live close together, disagreements are bound to happen.
In fact, it was often in response to a domestic dispute that
kings or city councils made laws.
Most kings and councils quickly realized that any law the
ordinary people had to obey needed to be simple, and had to
make sense to them. Keep in mind that police forces,
like those in the modern world, did not exist. So, for a
law to be effective, the people needed to have very good
reasons to obey. As a result, most ancient codes of
law seemed
to be either a punishment for, or prohibition of, some
specific action or behavior. In ancient Egypt
and Mesopotamia, for example, the punishment for most crimes
was the same: death!
Such harsh punishments make more sense when it is
understood that ancient peoples thought law was something that
had been given to them by God. So, in their view,
if a person broke a law, they were also disobeying God. And if
a person disobeyed God, then their whole city might get
punished, too. In that light, punishing a criminal by
death can be seen as an attempt to make sure God does not
become offended or angry.
Egypt
In the lands along the Nile, the all-powerful monarch was
called
pharaoh. The
people thought pharaoh was the physical incarnation of the god
Horus here on earth. As both a man and a god, pharaoh
blended and used both politics and religion to govern his
lands.
As an
absolute monarch, pharaoh claimed the
divine right to
rule Egypt. In other words, pharaoh ruled because god
had decreed it. Under pharaoh, law and justice were at
his whim. His decisions were final, with no way to appeal.
Mesopotamia
In Sumer
and Babylon, the king was often both the
monarch
and the high priest. The position of these so-called
priest-kings was relatively unstable. If the god(s) didn't
provide for welfare of the citizens, the people
often held the
king responsible, and deposed him.
In the first half of the 18th century BCE., King
Hammurabi had a code of law written down for all to see.
It was carved on a stone eight feet tall (seen left). It
was one of the first times a ruler was known to have publicly
proclaimed a set of laws for everyone to follow.
Hammurabi's Code dealt with both criminal (crimes and
punishments) and civil (e.g. grievances between people
over property, money, relationships) law.
Despite the progress made by Hammurabi's Code, the heavy
use of the death penalty as punishment makes it seem barbaric
to the modern observer. The chart below may reveal some
of the limitations of the Code.
|
Crime |
Punishment |
| murder |
DEATH |
| theft, burglary, stealing |
| hitting a parent |
| lying in court |
| kidnapping |
| hiding runaway slaves |
|
conspiracy-planning
to commit a
crime |
| offending the gods |
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