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
Trials were held in the great temple of Ebabbarim, at Sippara, where
copies of his code had been set up by Hammurabi, at the temple of
Merodach in Babylon, at the temple of Sin, at Larsa, or the temple of
Ishhara. Witnesses, it seems, were sworn, before God and the King, to
swear to the truth, touching the controversy, and documentary evidence
was used, much as it is today, to establish a right or title by written
evidence, or the agreement of the parties.[10] Having ascertained where
the right resided, it was the peculiar province of the judge to “cause
them to receive judgment”; the strife was accordingly quieted and the
judgment passed into an irrevocable decree, which the judge himself
could not set aside, without thereby working his own disgrace and
recall.[11] The decision was drawn up by the scribe and placed upon a
tablet, sealed by the judge and some of these irrevocable tablets, as
imperishable conclusions of these ancient law-suits have come to us,
after thousands of years, to tell their tale.[12]
This recipient of the wisdom of the sun-god, Hammurabi, did not stop
with humiliating and degrading the upright judge, who, to right a wrong
judgment was willing to admit his error to the advantage of a wronged
litigant, by granting a new trial, but in keeping with such a mistaken
standard, the Code of this ancient ruler of the Babylonians also punished
the unsuccessful surgeon, by removing the hand that performed an
unsuccessful operation;[13] by penalizing the unsuccessful veterinarian,
who lost his neighbor’s cattle or horse;[14] the builder was made liable
for all damages resulting from the fall of a building he had erected[15]
and, in general, it was the policy of this strict king, to raise the
standards of public duty, by punishing the incumbents of public office
and penalizing the members of the learned professions and vocations,
rather than cultivating the higher standards of the professions, by the
elimination of the unskilled therefrom.
The ancient Greeks also practiced the recall and ostracism of their most
eminent judges and other powerful public officials, who incurred the
ill-will of the populace, because of some unpopular decision, or the
envy of any considerable number of citizens, because of some alleged
undemocratic performance.
This ostracism, or recall, in Greece, is said to have been established by
Cleisthenes after the expulsion of the Peisistratidae[16] and the nature
and object of the recall, as then obtaining, is thus explained by the
philosopher Aristotle:
“Democratical states _used to_ ostracise and remove from the
city for a definite time, those who appeared to be preeminent
above their fellow citizens, by reason of their wealth, the
number of their friends, or any other means of influence.”[17]
Public-domain text, read in full here on John Shaqi.
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