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
[3] Exodus, c. 23-2.
[4] Deuteronomy, 1-17.
[5] Deuteronomy, 17-9, 12.
[6] John’s “The Oldest Code of Laws in the World.”
[7] New York Independent, Vol. 55, pt. 1,—January-March, 1903—p. 67;
John’s “Babylonian and Assyrian Laws.”
[8] John’s “The Oldest Code of Laws in the World,” p. 2; Code of
Hammurabi, sec. 5; John’s “Babylonian and Assyrian Laws,” p. 44.
A notable case of the recall of judges as late as five hundred years
before Christ occurred among the Medes and Persians, who boasted of their
unalterable decrees, once rendered by the incumbent of the _dangerous_
judgment-seat.
Herodotus tells the thrilling story of the striking example furnished by
King Cambyses, in his final recall of the unjust judge, named Sisamnes.
He caused him to be killed and flayed and the judgment-seat to be covered
with his skin. He then appointed the son of Sisamnes to be his successor,
but charged him, while sitting in judgment, to remember the fate of
his father. This example might be resorted to by the agitators for the
judicial recall, as a more terrible example to an unjust judge than the
mere recall and degradation.
[9] John’s “Babylonian and Assyrian Laws,” p. 82. Whether the reversal of
an erroneous judgment was provided for by appeal, does not appear, from
the Code.
[10] John’s “Babylonian and Assyrian Laws,” p. 90.
[11] _Ante idem._
[12] _Ante idem._ p. 92.
“Shamash-bel-ili sues Nidnusha concerning a house bought by him of her.
The judges grant him two sheckels of silver. Hammurabi I.”
“Shi-lamazi sues her brothers for a field and wins her case.”
“Zariku was put to the oath and replied to Erib-Sin. He was told that as
his domicile was at Sippara, he must not make his appeal to the judges of
Babylon, so his case was dismissed. Hammurabi 28.” This was a case of the
wrong venue and hence, a lack of jurisdiction over the subject-matter.
“Ilushu-abushu hired a pack-ass, of Ardi-Sin and Silli-Ishtar and lost
it. The judges awarded them sixteen sheckels of silver as compensation.
Apel-Sin. 5.”
“Mar-ersitim left a female slave, Damiktum, to Erib-Sin. His wife and
brother disputed the legacy. The judges inspected a document by which
Erib-Sin had granted the slave to his wife, so they return her to the
wife. Hammurabi.”
Public-domain text, read in full here on John Shaqi.
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