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How Did Early Judicial Systems Evolve

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==Early Development==
[[File:Ur_Nammu_code_Istanbul.jpg|thumbnail|200px|Figure 1. Tablet from the law code of Ur-Nammu.]]Already by By the mid-third millennium BC, concepts of precedent and jurisprudence had developed, where judges would decide cases on civil and criminal matters. Laws were seen as a way to dispense justice, a key quality for kings in their service to the gods. Some of the earliest laws, although very likely even earlier laws existed, derive from the ancient Sumarian city of Lagash, located in southern Mesopotamia (southern Iraq), during the reign of Urukagina. The laws or edicts seem to have been written at around 2350 BC. <ref>For more general information on Urukagina’s early laws, see: VerSteeg, Russ. 2000. Early Mesopotamian Law. Durham, N.C: Carolina Academic Press, pg. 18.</ref> Remarkably, already at this early date there was a clear understanding of individual rights and checks to prevent the abuse of power by authorities. This included limits seizure of land by the temples, which were powerful institutions by this time, or wealthy individuals.<ref>For further information on such early Mesopotamian states and laws, see: Yoffee, Norman. 2004. Myths of the Archaic State: Evolution of the Earliest Cities, States and Civilizations. New York: Cambridge University Press, pg. 103.</ref> There was a check on state tax collection, while efforts were made to dispense justice in cases of murder and criminal actions such as theft. Unlike the later Laws of Hammurabi, there does not seem to be an emphasis on capital punishment for criminal actions. Cases of divorce were removed from state authority to a civil matter. The king even returned land and other property his predecessors had seized; the laws state that they are intended to protect the vulnerable in society, particularly widows and orphans. While these early laws are fragmentary, as the entire legal code and proceedings are not known, they do show that individuals were provided with rights to prevent abuse by authorities and to remove state authority from certain types of family matters.
On the other hand, some have suggested there is evidence that the laws also enshrined men’s authority in society. There seems to be a ban on polyandry, or marriage of multiple men by a woman, while no evidence indicates polygamy was banned. A punishment for adultery seems to have existed for women, but there is no evidence any punishment was enacted on men. Overall, scholars see these laws as an attempt to reform society, which may have become increasingly controlled by a limited number of authorities and abuse of common citizens became more common. The laws are seen to have attempted to rebalance power and provide protection to common citizens.<ref>For summary of the laws of Urukagina, see: Kramer, Samuel Noah. 1995. The Sumerians: Their History, Culture, and Character. 12. [pr.]. Chicago: The Univ. of Chicago Press.</ref>
Interestingly, the concept of “eye for an eye” does not seem to be applied in the law code, as many offences were resolved through fines rather than equal harm. The law code shows that women did have some protection, including women receiving payment in cases of divorce, and were not assumed to be the guilty party in sexual crime, although it is clear justice was not the same for slaves and freepersons. In cases of rape of another man’s wife, then the perpetrator would be punished by death, while rape of a slave was punished through a fine. In fact, many of the surviving laws deal with slavery, including payments of money to people who recover slaves who escaped or if a son is born to a slave marrying a freeperson, then that son belongs to the freeperson owner.<ref> For information and definitive study on the laws of Ur-Nammu, see: Code of Ur-Nammu. 2012. [Place of publication not identified]: Book On Demand.</ref>
 
[[File:Ur_Nammu_code_Istanbul.jpg|thumbnail|200px|Figure 1. Tablet from the law code of Ur-Nammu.]]
==Later Laws and Hammurabi==
[[File:D542- code des lois du roi hammurabi. -L2-Ch 3.png|thumbnail|200px|Figure 2. Law code of Hammurabi written on a stele.]]
Already by the early second millennium BC, between 2000-1800 BC, we begin to see law codes in cities such as Isin and Eshnunna in Mesopotamia. Many laws were focused on property issues, regulating trade, prices, equipment, while accidents and fines were also discussed. In many cases of sexual offences, theft, and bodily injury, it seems fines were more commonly used rather than simply harsher punishments.<ref>For more information on Mesopotamia laws, see: Roth, Martha Tobi, Harry A. Hoffner, and Piotr Michalowski. 1997. Law Collections from Mesopotamia and Asia Minor. 2. ed. Writings from the Ancient World, vol. 6. Atlanta, Ga: Scholars Press.</ref>
However, no judicial case written has been found to indicate Hammurabi’s code was directly invoked. This suggests the law code may have also been an attempt to deter criminal behavior, as Hammurabi suggests lawlessness may have prompted the creation of the law code and the harsh laws were need to diminish criminality. Hammurabi also instructs officials to apply precedent as a foundation for law in his letters, which is again similar to modern concepts of judicial practice.<ref>For more information on Hammurabi’s application of law, see VerSteeg 2000, pg. 16.</ref> Finally, comparisons between the law code and the later Mosaic laws show some similar structures. For instance, the use of divine authority, the concept of an eye for an eye and tooth for a tooth, use of witnesses, and major concern with property are common to both laws. <ref>For more information on comparisons between Mosaic and Hammurabi’s law, see: Davies, W. W, and Hammurabi. 2009. The Codes of Hammurabi and Moses: With Copious Comments, Index and Bible References. Cincinnati, Ohio; New York: Jennings and Graham ; Eaton and Mains.</ref> This does not suggest that Hammurabi’s law necessarily influenced the later Biblical law, but it could suggest common shared culture across Mesopotamia and other Near East societies.
[[File:D542- code des lois du roi hammurabi. -L2-Ch 3.png|thumbnail|200px|Figure 2. Law code of Hammurabi written on a stele.]]
==Other Near East States==

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