(M283) The infliction of the same loss on a criminal that he caused
another is seen in the cases of mutilation, eye for eye, limb for limb,
tooth for tooth,(163) but also in the penalty of son for son, daughter for
daughter, slave for slave;(164) and in the rule that a vexatious suitor
shall pay the penalty which his suit was calculated to bring on the
defendant.
(M284) This retaliation is the explanation of what seems to be vicarious
punishment, where a man suffers in the person of his son, or daughter, for
the loss he has caused to the son or daughter of another.(165)
(M285) Another penalty was the voidance of a claim. If a man took the law
into his own hands to repay his debt, he lost all claim to recover it
through the courts. When the purchase was illegal and void, as that of an
officer’s benefice or of a ward’s property, the purchaser had to return
his purchase and lose what he had paid for it.
(M286) In certain cases no suit was allowed to gain standing. Contributory
negligence,(166) the natural death of hostage for debt,(167) the
accidental goring of a man by a wild bull,(168) are excluded from
litigation. Such events cancel all further claim or are expressly said to
have no remedy. There is no case for prosecution.
(M287) Compensation for loss caused by crime, or neglect, is ordered on a
scale fixed by the Code. Where a tenant takes a field on produce-rent his
neglect to cultivate caused a loss to the landlord. He was thus bound to
pay an average yield, or a crop like his neighbor’s, or that of the next
field.(169) In later times, the vagueness of this rule, which might give
rise to dispute, was avoided by stating in the lease the average rent to
be expected. For certain classes of land, where no comparison with the
next field could be instituted, a fixed rate was set down.(170)
Compensation for premature ejectment was ordered.(171)
VI. Legal Decisions
(M288) By a legal decision we understand a “judgment” pronounced by some
judicial authority upon a case submitted. It is not easy to say whether
the Babylonians had a separate name for this sort of transaction; but it
had some peculiarities by which it can be easily recognized. It usually
opens with the words, _duppu ana_, “tablet on,” followed by the statement
of the object in dispute. This is very often abbreviated to a simple
_ana_, “on,” or _aššum = ana šum_, “concerning,” or _eli_ with the same
sense.
These usages explain the curious tablet(172) where we have a long series
of sections each containing names associated with other names by the word
_aššum_. Thus we read:(173)
“Nishînishu, daughter of Rîsh-Sin, _aššum_ Shamash-ellatsu, son of
Itti-Sin-dinim.”
Public-domain text, read in full here on John Shaqi.
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