Cameron Miranda
The laws and legal systems that exist today have their roots in ancient societies. For example, civil law is based on ancient Roman law, while common law originated with England's monarchy. Ancient societies such as the Mesopotamians, Sumerians, Babylonians, Egyptians, Greeks, Indians, and Chinese all had their own distinct legal traditions and codes. These ancient legal systems can provide valuable insights into how and why modern legal systems function the way they do.
| Characteristics | Values |
|---|---|
| Oldest known surviving law code | Code of Ur-Nammu |
| Earliest extant legal text | Code of Ur-Nammu |
| Earliest evidence for a code | Tablets from Ebla, Syria (c. 2400 BC) |
| Best known ancient code | Code of Hammurabi |
| Basis for the law codes of most countries in continental Europe | Roman law |
| Country with the longest continuous legal history | China |
| Influenced by ancient Confucian codes of conduct | Chinese law |
| Influenced by Sharia law | Malaysian, Bruneian, Singaporean, and Hong Kong law |
| Influenced by German Civil Code | Japanese law |
| Influenced by Soviet Socialist law | Chinese law |
| Influenced by French and German Civil Code | Taiwanese law |
| Influenced by common law | Indian law |
| Influenced by Napoleonic Code | Civil law in a large part of the world |
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What You'll Learn
Code of Ur-Nammu, Mesopotamia, c. 2100–2050 BC
The Code of Ur-Nammu is the oldest known surviving law code, dating back to c. 2100–2050 BC. It originated in Mesopotamia and is written in the Sumerian language on clay tablets in cuneiform script. This code is attributed to King Ur-Nammu of Ur, who established the Third Dynasty of Ur in Sumer, also known as the Sumerian Renaissance.
The prologue of the code, typical of Mesopotamian law codes, invokes the deities Nanna and Utu for Ur-Nammu's kingship and decrees "equity in the land". Ur-Nammu is credited with banishing violence and strife, and his code reveals a glimpse of the societal structure during this period. Beneath the king, all members of society were either free people (lu) or slaves (male: arad; female: geme).
The Code of Ur-Nammu is notable for its casuistic form, where each law follows the pattern of "if (crime), then (punishment)". This structure has been influential on nearly all subsequent legal codes. The code institutes fines and monetary compensation for bodily harm, differing from the later "eye for an eye" principle of Babylonian law. However, certain crimes, such as murder, robbery, adultery, and rape, were punishable by death.
The code also includes provisions for specific situations, such as a son-in-law being compensated if his prospective father-in-law gives his daughter to another man, or a slave owner paying a reward for the return of an escaped slave. Additionally, it standardises weights and measures, such as the one-mina weight and the stone weight of a shekel of silver.
While the Code of Ur-Nammu is the oldest surviving law code, it is believed that earlier law codes existed, such as the Code of Urukagina, which dates back to the 24th century BCE. The Code of Ur-Nammu is a valuable source for understanding the legal, social, and economic aspects of ancient Mesopotamia.
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Roman law, from 753 BCE to 5th century CE
Roman law, from 753 BCE to the 5th century CE, refers to the law of ancient Rome from the time of the city's founding to the fall of the Western Roman Empire. It remained in use in the Eastern, or Byzantine, Empire until 1453 and served as the basis for the legal systems of most countries in continental Europe. The foundation of Roman law was the Twelve Tablets, which contained an established set of laws. For example, citizens were required to appear in court if called upon, and the punishment for lying in court was death. The Law of the Twelve Tablets also prohibited holding business or political meetings at night.
During the early Republic, following the expulsion of the kings in 510 BCE, there was conflict between the patricians and plebeians. The patricians attempted to reserve all political power for themselves, while the plebeians fought for the opportunity to hold political and religious offices. In 494 BCE, the Roman Senate allowed the plebeians to elect plebeian tribunes to advocate for them. The plebeians also advocated for a public display of the laws to protect the poor during lawsuits. The Lex Hortensia of 287 BCE ended the early Republican Conflict of the Orders, making all legislation passed by the Plebeian Council binding on all Romans, regardless of social class.
During the period of the Republic, Rome was ruled by a Republican government, which theoretically distributed power among all Roman citizens. In practice, however, it was an aristocratic oligarchy. By the middle of the 3rd century BCE, the Romans developed the jus gentium (law of nations), which applied to both Romans and foreigners. The office of praetor was created in 367 BCE to handle the expanding legal work involving citizens, and later, a separate praetor was created to deal with foreigners. Praetors issued edicts, or proclamations, on judicial matters, which became an instrument of legal reform.
By the middle of the 2nd century CE, the emperor had become the sole creator of the law. The chief forms of imperial legislation were edicts or proclamations, instructions to subordinates, written answers to officials or others who consulted the emperor, and decisions made by the emperor as a judge. The Corpus Juris Civilis, or the Code of Justinian, was a compilation of Roman laws created by Emperor Justinian that forms the foundation of civil law in many modern countries.
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Code of Hammurabi, Babylon, c. 1760 BCE
The Code of Hammurabi is a collection of Babylonian laws developed during the reign of Hammurabi, the sixth king of the First Dynasty of Babylon, who ruled from 1792 to 1750 BCE. The code is the most complete and perfect extant collection of Babylonian laws, consisting of 282 case laws, including economic provisions, family law, property law, criminal law, and civil law. The code is written in the Old Babylonian dialect of Akkadian (a Semitic language) and is inscribed on a basalt stele that stands 2.25 metres (7 feet 4+1⁄2 inches) 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 is characterised by its broad scope, covering a wide range of topics such as family relationships, contracts, inheritances, crimes, and punishments. The laws are expressed in a casuistic "if-then" format, with clear and consistent penalties attached to each law. For example, violent crimes often had equal penalties to the crime committed, following the "eye for an eye" principle. Hammurabi enforced his laws impartially, holding everyone accountable regardless of their status or income.
The code has been praised by modern scholars for its perceived fairness, respect for the rule of law, and its reflection of the complexity of Old Babylonian society. It is considered an important contribution to the history of law and has been studied for its influence on later law collections, such as the Mosaic Law. The Code of Hammurabi is also notable for its role in education, as it became a part of the scribal curriculum, with copies found dating from one thousand years after its creation.
The Code of Hammurabi is believed to have been built upon earlier law codes, such as the Code of Ur-Nammu, which dates to around 2100–2050 BCE. The Code of Ur-Nammu, written in Sumerian, is the oldest known surviving law code from Mesopotamia. It contains strong statements of royal power and institutes fines of monetary compensation for bodily harm, as opposed to the later "eye for an eye" principle seen in the Code of Hammurabi.
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Ancient Egyptian law, dating back to 3000 BCE
Ancient Egyptian law, which originated around 3000 BCE, was based on the central cultural value of 'ma'at', which translates to 'harmony'. The concept of ma'at was believed to have been instituted by the gods at the beginning of time and was associated with living a life of consideration, mindfulness, and balance. While the Egyptians did not leave behind a formal code of law, their legal system was influenced by religious principles and precedent.
During the Predynastic Period (c. 6000–c. 3150 BCE), ancient Egyptians established trade with neighbouring regions, such as Nubia for gold and incense, and Palestine, as evidenced by Palestinian-style oil jugs found in First Dynasty pharaohs' burials. By the Second Dynasty, trade with Byblos provided a critical source of quality timber, and by the Fifth Dynasty, trade with Punt yielded gold, aromatic resins, ebony, ivory, and wild animals.
The unification of Upper and Lower Egypt under King Menes around 2925 BCE further shaped the legal landscape. While there is no contemporary record of Menes, scholars suggest that the mythical Menes may have been King Narmer, depicted on the ceremonial Narmer Palette in a symbolic act of unification. The Early Dynastic Period, starting around 3000 BCE, witnessed the rise of powerful dynastic kings who solidified control over Lower Egypt, establishing a capital at Memphis to oversee labour, agriculture, and trade.
The legal system of ancient Egypt stood out for its support of basic human rights. For example, women possessed full legal rights, including the ability to own and bequeath property, file lawsuits, and bear witness in court proceedings without male authority. Even slaves were allowed to own property under specific circumstances.
Although no Egyptian law code has been discovered, the existence of a structured legal framework is evident from the use of precedents in the Early Dynastic Period (c. 3150–c. 2613 BCE). These precedents guided legal decisions during the Old Kingdom (c. 2613–2181 BCE) and continued to influence the Middle Kingdom (2040–1782 BCE) and subsequent eras. The ultimate authority in settling disputes rested with the pharaoh, whose decrees were supreme.
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Arthashastra and Manusmriti, influential ancient Indian treatises
The Arthashastra is an ancient Indian treatise on statecraft, politics, economics, and military strategy. It is attributed to the philosopher and Prime Minister Kautilya, also known as Chanakya or Vishnugupta, who lived around 350–275 BCE. The Arthashastra is thought to have been written as a handbook for Emperor Chandragupta Maurya, instructing him on how to rule a kingdom effectively. The text covers a range of topics, including the nature of government, law, civil and criminal court systems, ethics, economics, markets and trade, diplomacy, theories on war, and the duties and obligations of a king. It incorporates Hindu philosophy and includes ancient economic and cultural details on various subjects, such as agriculture, mineralogy, mining, and metals. The Arthashastra is composed of 150 chapters, all of which transition from prose to poetic verse towards their end, a style commonly found in ancient Hindu Sanskrit texts.
The authorship and date of writing of the Arthashastra are uncertain, and there is evidence that the surviving manuscripts have been modified and edited over time. It is likely that the text is the work of several authors over centuries, with the earliest Arthashastra texts dating from the 2nd century BCE to the 1st century CE. The final treatise was likely compiled and amended in the 1st century CE, with further expansions and redactions possibly added in the 2nd or 3rd century CE. The text was influential until the 12th century when it disappeared, only to be rediscovered in 1905 by R. Shamasastry, who published it in 1909 and translated it into English in 1915.
Manusmriti, also known as the Laws of Manu, is another influential ancient Indian treatise. It is a compilation of Hindu laws and customs that were in existence during the time of its composition. Manusmriti is notable for legally codifying the varna caste system in the 2nd century BCE, which existed as a custom prior to this. The treatise covers various topics, including the proper behaviour of a king, governance, and legal procedures. Manusmriti was influenced by the Arthashastra, with sections on the monarch, governance, and legal procedures showing strong similarities.
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Frequently asked questions
The oldest known surviving law code is the Code of Ur-Nammu, created by the Sumerian ruler Ur-Nammu c. 2100–2050 BC.
Around 1760 BC, King Hammurabi further developed and codified Babylonian law, inscribing it in stone.
The first comprehensive criminal code was the Tang Code, created in ancient China in 624 AD during the Tang Dynasty.
Ancient Egyptian law, dating as far back as 3000 BC, was based on the concept of Ma'at and characterised by tradition, rhetorical speech, social equality, and impartiality. The pharaoh, claiming divine authority, enforced laws that were inscribed in various languages.
