(M229) It seems best to consider legal usages first, because they are
essential to the understanding of all others. When we have a simple
contract between two parties we do not at once see where the reference to
the law comes in. But the contract was not valid unless sealed and
witnessed. The sealing was accompanied by an oath. The oath probably had
to be made in court. The witnesses seem often to have been a body of men
who could only be found at the court. Even when there is least trace of
the law and the judge, the case is similar to others where the judge
appears explicitly. It is also worthy of remark that, partly owing to our
possession of the Code and partly owing to the fuller nature of the legal
decisions, we know far more of this subject, as of many others, in the
early periods than in the later. Hence the discussion of early legal usage
is unusually full. When the evidence from later times merely supports
this, it will not be noticed. Only divergences are worthy of record. As a
rule, the procedure changes very little for many centuries.
(M230) 1. *Judges.* The references to judges are less numerous than one
would expect in the Code. But it seems probable that the sentences there
laid down had to be pronounced by the judge, if not carried out by him. We
are, however, still in complete ignorance as to the machinery of police
administration. We may argue from analogy in other countries and ages, but
this is not a theoretical treatise on comparative sociology. We must
content ourselves with direct evidence.
(M231) Some sections deal explicitly with the duties of a judge. Thus,(80)
if a judge had given a judgment, decided the case, and embodied it in a
legal decision, he was subjected to severe penalties for afterwards
revoking his decision. If he had inflicted a penalty, he had now to repay
it twelvefold to him from whom it was exacted. Further he was to be
publicly deposed from his office, expelled from his seat of judgment,
_kussû daianûtišu_, and no longer be permitted to sit with the judges. It
is, of course, assumed that when he was called to account he could not
justify his former judgment, or else could not justify the change. But, as
the law reads, it seems simply calculated to render a judgment, once
pronounced, irrevocable,—at any rate, for that judge. Probably its
revocation, in the case of injustice, was provided for by the right of
appeal.
He had to consider the words of the witnesses, _amâtišunu amâru_,
literally, “to see their words,” perhaps implying that the depositions
were written, but there are instances where _amâru_ simply means “to
consider.”(81)
In a criminal case, where a man had to produce witnesses to save his life
from a death-sentence, the judge might grant him six months’ grace in
which to produce his witnesses.(82) In later times we have many examples
of such a stay of process that evidence might be produced.(83)
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account