Kara Sears
The history of law is closely linked to the development of civilizations. Ancient Egyptian law, dating back to around 3000 BC, is one of the oldest known legal systems, characterized by tradition, rhetorical speech, social equality, and impartiality. The first law code was formulated by the ancient Sumerian ruler Ur-Nammu around the 22nd century BC and consisted of casuistic statements. Over time, law has evolved with changing social contexts, adapting to meet the needs of different civilizations and societies. The study of legal history provides insight into the evolution of laws and the reasons behind their changes, offering a deeper understanding of the origins of various legal concepts.
| Characteristics | Values |
|---|---|
| Date | c. 2400 BC (first evidence of tablets from the ancient city of Ebla) or 22nd century BC (first law code formulated by Sumerian ruler Ur-Nammu) |
| Location | Ebla (now Tell Mardikh, Syria) or Sumer |
| Form | Stone tablets |
| Contents | Casuistic statements ("if... then...") |
| Influenced By | N/A |
| Influenced | Babylonian law, which was further developed and codified by King Hammurabi in c. 1760 BC |
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What You'll Learn
Ancient Egyptian law, dating back to 3000 BC
Ancient Egyptian law is one of the oldest surviving legal systems in the world, dating back to around 3000 BC. It was based on the concept of 'Ma'at', a central cultural value that translates to 'harmony'. The law was founded on the divine principle that to be at peace with oneself, one's community, and the gods, one must live a life of consideration, mindfulness, and balance.
The ancient Egyptian legal system was characterised by tradition, rhetorical speech, social equality, and impartiality. The ultimate authority in settling disputes was the pharaoh, whose decrees were supreme. Below the pharaoh was the vizier, who was responsible for the practical administration of justice. The vizier heard court cases, appointed lower magistrates, and sometimes involved himself with local courts. During the Old Kingdom, these regional courts were consolidated under the king's vizier.
Although no formal Egyptian code of law has been preserved, there is evidence of legal transactions from the Old Kingdom in inscriptions found in tombs and on stelae and papyri. By the Early Dynastic Period (c. 3150- c. 2613 BCE), precedent was being set in legal cases, as evidenced by their use in the early years of the Old Kingdom. These precedents continued to be used during the Middle Kingdom (2040-1782 BCE) and throughout the country's history.
While punishment for criminal offenders could be severe and even barbaric by modern standards, Egyptian law is notable for its support of basic human rights. For example, women were granted full rights under the laws of ancient Egypt. They owned and bequeathed property, filed lawsuits, and bore witness in court proceedings without the authority of their father or husband. Even slaves were allowed to own property under certain circumstances.
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The Code of Hammurabi, developed around 1760 BC
The Code of Hammurabi is the longest, best-preserved, and best-organised legal text from ancient Near East. It is written in the Old Babylonian dialect of Akkadian and consists of about 4,130 lines of cuneiform text. The text was inscribed on a basalt stele, a stone slab, that stood around 2.25 metres tall. The stele was discovered in 1901 at Susa in present-day Iran and is now housed in the Louvre Museum.
The Code of Hammurabi includes a wide range of statutes covering various aspects of life, including economic provisions, family law, criminal law, and civil law. Hammurabi enforced his laws by holding everyone accountable equally, regardless of their status or income. Every law had a clear punishment, and these penalties were carried out consistently. For example, violent crimes often resulted in "an eye for an eye"-style punishments; if you cut off someone's hand, your hand would also be cut off.
The Code of Hammurabi is considered a significant development in the history of law, as it represents one of the earliest attempts to codify and standardise laws, making them accessible to the public. It is also notable for its emphasis on justice and protection for the weak and helpless, as described by early commentators. Copies of the code were placed throughout the kingdom of Babylon for all to see, demonstrating a commitment to transparency and accessibility.
The influence of the Code of Hammurabi can be seen in the ancient Greek legal system, which also emphasised the importance of individual participation in legal proceedings, although it lacked a single word for "law" as an abstract concept. The development of law continued to evolve with the rise and fall of empires, with Roman law, for example, adapting to changing social situations and undergoing major codification under rulers like Theodosius II and Justinian I.
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The Arthashastra, an influential Indian treatise from 400 BC
The history of law is closely connected to the development of human civilization. Ancient Egyptian law, for example, dates as far back as 3000 BC and was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality, and impartiality. The first-ever law code was formulated by the ancient Sumerian ruler Ur-Nammu in the 22nd century BC.
In the context of the development of laws, The Arthashastra is an influential Indian treatise from 400 BC. It is a collection of Arthashastras, or texts, that were compiled and amended over centuries. The Arthashastra is a complex work that covers statecraft, politics, economic policy, military strategy, the function of the state, and social organisation. It is attributed to the philosopher and Prime Minister Kautilya, also known as Chanakya or Vishnugupta, who lived between 350 and 275 BC. He was the chief advisor to Chandragupta Maurya, the founder of the Mauryan Empire.
The Arthashastra is thought to have served as a handbook for Chandragupta, instructing him on how to reign over a kingdom and address political concerns. It encouraged direct action in politics without regard for ethical considerations. The name of the treatise derives from the Sanskrit words "Artha", meaning "aim" or "goal", and "Shastra", meaning "treatise" or "book". The goal of the Arthashastra was to provide a comprehensive understanding of statecraft to enable a monarch to rule effectively.
The origins of the text are complex and the subject of ongoing debate. Some scholars argue that it was created by a single author, while others propose that it is the work of several authors over time. The oldest layer of the text, according to some sources, dates from 150 BCE to 50 CE and consists of separate treatises from separate authors. A historic figure named Kautilya compiled selections from these texts into a new shastra in the period 50–125 CE. This version, likely titled "Daņdanīti", focused on the administration of punishment and the broader exercise of governance. The text was further expanded and redacted in the 2nd or 3rd century CE, with the addition of new material, a chapter division, and several books.
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The Law Merchant, founded on Scandinavian trade customs
The evolution of law is closely tied to the development of civilisations. Ancient Egyptian law, dating as far back as 3000 BC, was based on the concept of Ma'at and was characterised by tradition, rhetorical speech, social equality, and impartiality. The first extant law code was formulated by the ancient Sumerian ruler Ur-Nammu in the 22nd century BC and consisted of casuistic "if... then..." statements.
The Law Merchant was a system of custom and best practice, enforced through merchant courts along major trade routes. It was developed and administered by the merchants themselves, who set up their own courts at trade fairs or in cities, creating a uniform law throughout Europe, regardless of differences in national laws and languages. This law was particularly useful for foreign merchants who were not under the jurisdiction and protection of local law and often faced confiscations and harassment if a countryman had defaulted in a business transaction.
The Law Merchant allowed traders to negotiate contracts, partnerships, trademarks, and various aspects of buying and selling. It evolved similarly to English common law and was considered a part of it by Chief Justice Edward Coke in 1608. The precepts of the Lex Mercatoria were kept alive through equity and admiralty courts in maritime affairs, and they prevailed in the general principles and doctrines of commercial jurisprudence in the US.
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Roman law, influenced by Greek philosophy
The history of law is closely connected to the development of civilisations. The first law code was formulated by the ancient Sumerian ruler Ur-Nammu in the 22nd century BC. Ancient Egyptian law, which dates back to 3000 BC, was based on the concept of Ma'at and was characterised by tradition, rhetorical speech, social equality, and impartiality.
The influence of Greek philosophy on Roman law can be seen in the concept of jus gentium, which refers to the universality of its application. The idea was linked to the Greek philosophical notion of a natural law common to all peoples. This concept was adopted by the Romans and used in their legal system.
Over time, Roman law adapted to changing social situations and underwent significant codification under emperors such as Theodosius II and Justinian I. The Code of Justinian, also known as the Corpus Juris Civilis, compiled Roman laws that became the foundation of civil law in many modern countries. The influence of Greek legal concepts on Roman law continued even after the centre of the Empire moved to the Greek East in the 4th century, with legal language in the East becoming Greek from the 7th century onwards.
The impact of Roman law extended beyond the Empire's territories, influencing legal systems in countries that were never subject to Roman rule. For example, in parts of Europe, Roman law remained in force as "subsidiary law", applied unless superseded by local laws. The Corpus Juris Civilis was interpreted and adapted by generations of jurists, shaping legal systems well after the fall of the Roman Empire.
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Frequently asked questions
The first known laws date back to 3000 BC in Ancient Egypt.
Ancient Egyptian law was based on the concept of Ma'at, characterised by tradition, rhetorical speech, social equality and impartiality.
By the 22nd century BC, the ancient Sumerian ruler Ur-Nammu formulated the first law code, consisting of casuistic statements ("if... then...").
The first national codes appeared in Scandinavian countries in the 17th and 18th centuries.
The oldest known code is from the ancient city of Ebla (now Tell Mardikh, Syria) and dates to around 2400 BC.
