Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
In the oldest Code of Laws in the known world, the code of Hammurabi,
King of Babylon, 2285 B. C.,[6] who claimed to have received his laws
from the seated sun-god, Samas, the “judge of heaven and earth;”—an old,
Mosaic bearded king, as represented to us, from the dark ages, upon
the black block of diorite, presenting also his Code of Laws; known to
history as the Babylonian king, who conquered the four quarters of the
earth; who enriched Ur (Father Abraham’s birthplace), the humble, the
reverent, who clothed the gravestones of Malkat with green; the warrior
who guarded Larsa and renewed Ebabbar; the Shield of the land who united
the scattered inhabitants of Isin; who firmly founded the farm of Kish;
the White Potent one who penetrated the secret cave of the bandits; one
who recognizes the Right and who Rules by Law; who humbles himself before
the great gods[7]—this valiant one of the misty ages of long ago, in his
Code, after providing for the death of the man who should weave a spell
or put a ban upon another man, in the fifth section of his Code of Laws,
provided for the recall or removal of the judges of his courts, by the
following provision:
“If a judge has judged a judgment, decided a decision, granted
a sealed sentence, and afterwards has altered his judgment,
that judge, for the alteration of the judgment that he judged,
one shall put him to account and he shall pay twelve-fold the
penalty, which was in the said judgment, and in the assembly
one shall expel him from his judgment seat, and he shall not
return, and with the judges at a judgment he shall not take his
seat.”[8]
Petitions and motions for a rehearing were thus interdicted by Hammurabi,
regardless of the mistakes entering into the judgment, which could only
be righted by a rehearing, or a new trial, and if a new trial were
granted, the judge was publicly disgraced and recalled and was never
allowed to sit in judgment again.
So unalterably opposed were the ancient Babylonians to the granting of
a new trial, that if a decision for the infliction of a penalty were
set aside, the judge had to pay it twelve-fold to him from whom it was
exacted and for any new trial granted by him, the judge was publicly
deposed from his office and expelled from his seat of judgment and no
longer permitted to sit with the judges. According to the strict letter
of the Code, it was no justification for the judge to be able to show
that the new trial was granted to prevent a miscarriage of justice, for
as the law reads, a judgment once pronounced was irrevocable, for that
judge, at least.[9]
But let us look more minutely into the procedure, governing the right of
litigants in the days of Hammurabi. It was the prerogative of the King,
during the First Dynasty, to send to the local judges his own decision of
a cause, or to simply send the case to them for trial.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account