The Principles Of Legal Process English Literature Essay Free Essay
The Torahs themselves are preceded by an debut which was added subsequently, after the jurisprudence had already been published about 30 old ages. The debut provinces in the first topographic point that already in the primeval age, when Marduk the God of Babylon was elected male monarch of the Gods, Hammurabi was predestined by the Gods “ to causejusticeto radiate over the land, to give up evildoers and sinners to devastation, and to take attention that the strong should non suppress the weak. ” Hammurabi ‘s Code is, so, conceived from this point of view.
Farther on, the male monarch lauds his services to the chief metropoliss of Babylonia, their temples and cults. He appears as a true waiter of the Gods, as a defender of his people and a gracious prince to those who at foremost would non admit his domination. To be certain, this debut is non wholly free from given ; for the male monarch describes himself as “ God of the male monarchs ” and “ sun-god of Babylon “ ! The hopes of a Saviour, which heathen antiquity besides knew, he regards as realized in his ain individual.
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The Code itself may be divided into 12 divisions. It manifests, in no manner, a really definite logical system ; the sequence is frequently interrupted, and one recognizes that it is non so much a systematic and thorough work as a aggregation of the legal criterions accumulated in the class of clip. Much that we would anticipate to happen in a Code is non even mentioned.
1. The Principles of Legal Procedure:
The first five paragraphs dainty of some rules of legal procedure. In the first topographic point false accusal is considered. The unprovable charge of black magic is dealt with in an particularly interesting mode ( subdivision symbol 2 ) . The accused in this instance has to subject to an ordeal at the custodies of the River-god ; however nil is said refering the inside informations of this ordeal. If he is convicted by the God as guilty, the accuser receives his house ; in the opposite instance, the accuser is condemned to decease and the accused receives his house. The jurisprudence besides proceeds strictly against false informants: in a procedure in which life is at interest, witting bearing false witness is punished with decease ( subdivision symbol 3 ) . Finally the male monarch strives besides for an uncorrupt organic structure of Judgess ; a justice who has non carried out the judgement of the tribunal right has non merely to pay twelve times the amount at issue, but he is besides dismissed with shame from his office.
2. Larceny, Burglary, Robbery:
The following subdivisions ( subdivision symbol, subdivision symbol 6-25 ) occupy themselves with serious larceny, burglary, robbery and other offenses of a similar nature. Larceny from castle or temple, or the receiving and concealment of stolen belongings, is punished with decease or a heavy mulct harmonizing to the nature of what is stolen ( subdivision symbol, subdivision symbol 6, 8 ) . As it was a usage in Babylonia to consequence every purchase in the presence of informants or with a written title of sale, one understands the ordinance that, in certain instances in which informants were non extroverted, or a title could non be shown, larceny was assumed: the guilty individual suffered decease ( subdivision symbol 7 ) . A careful process is prescribed for the instance in which lost goods are found in the custodies of another: he who, in the probe, can non turn out his legitimate right, suffers decease, merely as a cheat who tries to enrich himself through doing a false accusal ( subdivision symbol, subdivision symbol 9 ff. ) . Kidnapping of a free kid or transporting off and hiding a slave from the castle is punished with decease ( subdivision symbol, subdivision symbol 14 ff. ) . As bondage had the greatest economic significance in Babylonia, elaborate ordinances refering the seizing of runaway slaves and similar affairs were given ( subdivision symbol, subdivision symbol 17 ff. ) . Burglary, as besides robbery, is punished with decease ( subdivision symbol, subdivision symbol 21 ff. ) . If a robber is non caught, the individuals or corporations responsible for the safety of the land had to do compensation ( subdivision symbol, subdivision symbol 22 ff. ) . Whoever attempts to enrich himself from a edifice in inferno is thrown into the fire ( subdivision symbol 25 ) .
3. Laws refering Serfdom:
The following paragraphs ( subdivision symbol, subdivision symbol 26-41 ) control serfdom, peculiarly in mention to rights and responsibilities of a military sort, refering which we are non yet rather clear. Here besides Hammurabi ‘s attention for those of a meaner place is exhibited, since he issues stiff ordinances against abuse of the power of office and punishes certain discourtesies of this sort even with decease ( subdivision symbol 34 ) . The Crown had, in every instance, authorization in mention to estates in fee which a liege could non sell, exchange or transmit to his married woman or girls ( subdivision symbol, subdivision symbol 36 ff. , 41 ) ; as a regulation the boies took over the estates after the decease of the male parent together with the attach toing rights and responsibilities. The same was the instance if, in the service of the male monarch, the male parent had been lost sight of ( subdivision symbol, subdivision symbol 28 f. ) . The estates in fee of what we may name “ lay-priestesses ” ( refering whom we shall hold to talk subsequently ) take a particular place ( subdivision symbol 40 ) .
4. Real properties:
A longer subdivision ( subdivision symbol, subdivision symbol 41 ff. ) is given to real properties ( field, garden, house ) ; for the economic life of the ancient Babylonians depended foremost of all upon the cultivation of grain and date-palms ; the legal dealingss of the land renters are precisely explained ( subdivision symbol, subdivision symbol 42 ff. ) : disregard of his work does non emancipate the renter from his responsibilities to his master. On the other manus, in instances of losingss through the conditions, he is so far released from his responsibilities that of the rent non yet paid he has to pay merely an sum matching to the measure of the merchandise of his occupancy ( subdivision symbol, subdivision symbol 45 f. ) . Besides the landholder with liabilities, who suffers through failure of harvests and flood, enjoys far-reaching protection ( subdivision 48 ) , and his concern dealingss by and large are adequately regulated ( subdivision symbol, subdivision symbol 49 ff. ) . As the regular irrigation of the Fieldss was the main status for profitable farming in a land lackingrain, strong Torahs are made in mention to this: harm ensuing from disregard has to be compensated for ; so, whoever had non the agencies to make this could be sold with his household into bondage ( subdivision symbol, subdivision symbol 53 ff. ) . Particular ordinances protect the landholder from unaccredited croping on his Fieldss of harvests ( subdivision symbol, subdivision symbol 57 f. ) .
The ordinances refering gardening ( subdivision symbol, subdivision symbol 59-66 ) are similar ; here besides the relation of the owner to the nurseryman who had to works or to cultivate the garden is carefully considered ; the same is true with regard to the concern liabilities of the proprietor. These ordinances refering gardening are non wholly preserved upon the stele, but, through the above-named extras, we can reconstruct them wholly.
Our cognition refering the legal dealingss between house-owners and renters ( subdivision symbol, subdivision symbol 67 ff. ) is less, because the parts covering with these on the stele are wholly lost and can merely be partly restored from extras. Reference is one time more made to vassalage ( subdivision 71 ) . The dealingss between neighbours are besides regulated, but we can non determine how in item ( subdivision symbol, subdivision symbol 72 ff. ) . Refering the precise rights of renters and landlords we are besides but somewhat informed ( subdivision 78 ) .
On history of the spreads, we are non able to find how far the ordinances refering real properties extended. In the spreads at that place seem to hold been still other Torahs refering concern liabilities. The figure of losing paragraphs can merely about be determined, so that our farther numbering of the paragraphs can non be regarded as perfectly correct.
5. Trader and Agent:
The text begins once more with the intervention of the legal dealingss between the bargainer and his agents ( subdivision symbol, subdivision symbol 100-107 ) ; these agents are a sort of functionaries for the bargainer whose concern they look after. While the Code discusses their duties and responsibilities to their Masterss, it besides protects them from unfair and fallacious 1s.
The tap houses of Babylonia ( subdivisions 108-11 ) seem really frequently to hold been the resort of felons. As a regulation they were in the custodies of proprietresses who were made responsible for what took topographic point on their premises ( subdivision 109 ) . Priestesss were out to see these houses under punishment of being burned ( subdivision 110 ) .
The following division ( subdivisions 112-26 ) trades particularly with sedimentations, although some of its ordinances are merely indirectly therewith connected. Deceptive couriers are to be punished ( subdivision 112 ) . The debitor is protected from violent invasions of the creditor ( subdivision 113 ) . Detailed ordinances are given refering imprisonment for debt ( subdivisions 114 ff. ) . The creditor must guard himself from maltreating a individual imprisoned for debt, in his house ; if a kid of the debitor dies through the mistake of the creditor, the jus talionis is resorted to: a kid of the creditor is killed ( subdivision 116 ) . The members of a household imprisoned for debt have to be released after three old ages ( subdivision 117 ) . If anyone desires to give something to another to be saved for him, he must make it in the presence of informants or pull up a statement of the dealing ; otherwise later claims can non be substantiated ( subdivisions 122 ff. ) . Whoever accepts the objects is responsible for them ( subdivision 125 ) , but is besides protected from undue claims of his client ( subdivision 126 ) .
The subdivisions occupied with the rights of the household are really extended ( subdivisions 127-95 ) . Marriage rests upon a contract ( subdivision 128 ) and presupposes the relentless fidelity of the married woman ( subdivisions 129 ff. ) , while the hubby is non bound, in this regard, by ordinances of any sort. An unfaithful married woman may be thrown into the H2O, but the spouse of hersinmay besides, under certain fortunes, suffer the punishment of decease. Long unpreventable absence of the hubby justifies the married woman to get married once more merely when she lacks the agency of support ( subdivisions 133 ff. ) . On the portion of the hubby, there are no hinderances to disassociate, so long as he settles any affairs with his married woman refering her belongings, provides for the upbringing of the kids and, in certain instances, gives a divorce-sum as compensation ( subdivisions 137 ff. ) . Disorderly behavior of the married woman is sufficient for the annulling of the matrimony ; in this instance the hubby may cut down the married woman to the province of a slave ( subdivision 141 ) . The married woman may merely invalidate the matrimony if her hubby grossly neglects his responsibilities toward her ( subdivision 142 ) . If a married woman desires the annulling of the matrimony for any other ground, she is drowned ( subdivision 143 ) .
As a regulation, polygamy is non allowed. If a bare married woman gives to her hubby a slave miss who bears kids to him, so he may non get married another married woman ( subdivision 144 ) ; otherwise he might make so ( subdivision 145 ) . The slave given to the hubby is bound to demo due respect to her kept woman ; if she does non make this she loses her privileged place, but she may non be sold if she has borne a kid to the hubby ( subdivisions 146 f. ) . Incurable disease of the married woman is a land for the matrimony of another married woman ( subdivisions 148 f. ) .
Gifts of the hubby to the married woman may non be touched by the kids at the decease of the hubby, but however belongings has to stay in the household ( subdivision 150 ) . Debts contracted before the matrimony by one side or the other are non adhering for the other, if an understanding has been made to that consequence ( subdivision 151 f. ) .
Rigid Torahs are made against maltreatments in sexual life. The married woman who kills her hubby for the interest of a lover is impaled upon a interest ( subdivision 153 ) . Incest is punished, harmonizing to the fortunes, with expatriate or decease ( subdivisions 154 ff. ) .
Breach of promise by the adult male without sufficient ground entails to him the loss of all nowadayss made for the betrothed. If the male parent of the betrothed annuls the battle, he must give back to the adult male twice the value of the nowadayss ( subdivisions 159 ff. ) ; particularly the amount paid for the married woman to her male parent ( Bab terhatu ) .
Matters refering heritage are carefully dealt with ( subdivisions 162 ff. ) . The dowery of a married woman belongs, after her decease, to her kids ( subdivision 162 ) . Presents made during the life-time are non reckoned in the dividing of the heritage ( subdivision 165 ) , apart from the spending which a male parent has to do in the instance of each of his boies, the main part of which is the money for a married woman ( subdivision 166 ) . Children borne from different female parents portion the paternal heritage every bit ( subdivision 167 ) .
Disinheritance of a kid is permitted merely in the instance of serious discourtesies after a old warning ( subdivisions 168 f. ) . Illegitimate kids borne from slaves have portion in the heritage merely if the male parent has expressly acknowledged them as his kids ( subdivision 170 ) ; otherwise, at the decease of the male parent, they are released ( subdivision 171 ) .
The main married woman, whose future demands had non been secured during the life-time of her hubby, receives from the belongings of the asleep hubby a part equal to that received by each kid, but she has merely the usage of it ( subdivision 172 ) . A widow may get married once more, but so she loses all claim on the belongings of her first hubby, in favour of his kids ( subdivisions 172, 177 ) ; the kids of both her matrimonies portion her ain belongings every bit ( subdivisions 173 f. ) .
The kids from free adult females married to slaves are free ( subdivision 175 ) . The maestro of the slave has merely a claim to half of the belongings of the slave which he has acquired during such a matrimony ( subdivisions 176 f. ) .
Unmarried girls largely became priestesses or entered a spiritual foundation ( Babylonian, malgu ) ; they besides received, really frequently, a kind of dowery, which, nevertheless, remained under the control of their brothers and which, on the decease of the former, fell to the brothers and sisters, if their male parents had non expressly given them a free manus in this affair ( subdivisions 178 f. ) . In instances where the male parent did non give such a dowery, the girl received, from the belongings left, a portion equal to that of the others, but merely for usage ; those dedicated to a goddess obtained merely a 3rd of such an sum ( subdivision 180 f. ) . The lay-priestesses of the God Marduk of Babylon enjoyed particular privileges in that they had full control over any belongings therefore acquired ( subdivision 182 ) .
As a regulation, adopted kids could non be dismissed once more ( subdivisions 185 ff. ) . Parents who had given their kid to a maestro, who had adopted it and taught it handicraft, could non claim it once more ( subdivisions 188 f. ) . Gross insubordination of certain adoptive kids of a lower category is badly punished by the cutting off of the lingua ( subdivision 192 ) or the rupturing out of an oculus ( subdivision 193 ) . Deceitful wet nurses are besides badly punished ( subdivision 194 ) . The last paragraph of this subdivision ( subdivision 195 ) states the penalty for kids who strike their male parent as the cutting off of the manus.
9. Refering Wounding, etc. :
The following division ( subdivisions 196-227 ) occupies itself with wounding of all sorts, in the first topographic point with the jus talionis: an oculus for an oculus, a bone for a bone, a tooth for a tooth. Persons lower in the societal class normally accepted money alternatively ( subdivisions 196 ff. ) . A box on the ears inflicted by a free adult male upon a free adult male cost the former 60 boodles ( subdivision 203 ) ; in the instance of one half-free, 10 boodles ( subdivision 204 ) ; but if a slave so strikes a free adult male, his ear is to be cut off ( subdivision 205 ) . Unintentional wounding of the organic structure, which proves to be fatal, is covered by a all right ( subdivisions 207 f. ) . Anyone who strikes a pregnant free adult female, so as to do a abortion and the decease of the adult female, is punished by holding his girl killed ( subdivision 210 ) ; in the instance of a half-free adult female or a slave, a money compensation was sufficient ( subdivisions 212 ff. ) .
The sawbones is responsible for certain operations ; if they win, he receives a lawfully determined high wages ; if they fail, under certain fortunes his manus might be cut off ( subdivisions 215 ff. ) . Surely this jurisprudence was an effectual preventative against quacks! Farther on come ordinances refering the fees of sawboness ( subdivisions 221 ff. ) and veterinary sawboness ; to a certain grade the latter are responsible for the violent death of an animate being under their charge ( subdivisions 224 f. ) .
10. Building of Houses and Ships:
Subsequently, the edifice of houses and ships is treated of ( subdivisions 228-40 ) . The builder is responsible for the stableness of the house built by him ; if it falls down and kills the maestro of the house, the builder is killed ; if it kills a kid of the house, a kid of the builder is killed ( subdivisions 229 f. ) . For any other amendss incurred, the builder is similarly responsible ( subdivisions 231 ff. ) . The ordinances for the builders of ships are similar ( subdivisions 234 ff. ) . The adult male who hires a ship is answerable to the owner ( subdivisions 236 ff. ) . With the busy transporting trade on the canals, particular attending had to be given to forestall accidents ( subdivision 240 ) .
11. Hiring in General, etc. :
Already in earlier subdivisions there were ordinances refering hiring ( rent ) and rewards. This 11th division ( subdivisions 241-77 ) trades with the affair more in item, but it besides brings many things frontward which are merely somewhat related thereto. It states duties for working animate beings ( subdivisions 242 f. ) , and in decision to this makes every bit clear to what extent the boss of such an animate being is responsible for injury to the animate being ( subdivisions 244 ff. ) . Particular attending must be given an ox addicted to goring ( subdivisions 250 ff. ; see below ) . Care is taken that unfaithful stewards do non get away their penalty: in gross instances of breach of assurance they are punished with the cutting off of the manus or by being torn ( in the mode of being tortured on a rack ) by cattle ( subdivisions 253 ff. ) . The rewards for agricultural labourers are determined ( subdivisions 257 f. ) , and in connexion with this, lesser instances of larceny of field-utensils are considered and covered by a money mulct ( subdivisions 259 f. ) . The rewards of a shepherd and his responsibilities form the topic of some other paragraphs ( subdivisions 261 ff. ) . Finally, affairs holding to make with hiring are mentioned: the hiring of animate beings for convulsing ( subdivisions 268 if ) , of passenger cars ( subdivision 271 ) , rewards of labourers ( subdivision 273 ) and handworkers ( subdivision 274 ) , and the hire of ships ( subdivisions 276 f. ) .
The last division ( subdivisions 278-82 ) dainties of slaves in so far as they are non already mentioned. The marketer is responsible to the purchaser that the slave does non endure from epilepsy ( subdivision 278 ) , and that cipher else has a claim upon him ( subdivision 279 ) . Slaves of Babylonian beginning, bought in a foreign land, must be released, if they are brought back to Babylonia and recognized by their former maestro ( subdivision 280 ) . If a slave did non admit his maestro, his ear could be cut off ( subdivision 282 ) .
Here the Torahs come to an terminal. In malice of many ordinances which seem to uscruel, they show acute sense of justness and nonpartisanship. Thus the male monarch, in an epilogue, justly extols himself as a shepherd of redemption, as a assistant of the laden, as an advisor of widows and orphans, in short, as the male parent of his people. In decision, future swayers are admonished to esteem his Torahs, and the approvals of the Gods are promised to those who do so. But upon those who might try to get rid of the Code he calls down the expletive of all the great Gods, separately and jointly. With that the stele terminals.
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