Introduction
The purpose of this work is to identify the main features and principles of the functioning of the ancient-scale system of proceedings to the extent that they are reflected in the arch of the laws of the Babylonian king Hammurapi. The text of the laws, although not fully reflected the real legal reality due to the action along with him the norms of ordinary law and all sorts of other legal establishments and orders, still allows you to make an idea of \u200b\u200borganizing the trial.
The first chapter is characterized by the source itself, and the judicial reform of the king Hammurapi, preceding its laws, is also considered. The second chapter is devoted directly to the characteristics of the system of proceedings on the basis of Hammurapi laws. For convenience, it is divided into three parts, which discusses various aspects of the functioning of the ancient Valvilian judicial system.
In addition to the source itself, substantial assistance was provided by the work on the history and source of the ancient East as a whole and Mesopotamia in particular, as well as on the history of the state and the right of this period.
Chammurapi laws as a source of ancient quality law
The laws of the Babylonian king Hammurapi (1792-1750 BC) are the largest and most important monument of the right of ancient Mesopotamia. The text of them, carved at the two-meter basalt stele, was discovered in 1901 in the sowas of the French archaeological expedition J. de Morgan. It is believed that in the final edition they were made public in the most last years His reigns as the completion of the matter of his life - the political, legal and ideological association of Mesopotamia. The text consists of three parts: extensive administration, actually laws and conclusion. Modern researchers numbered in the laws of 282 of the article, but only 247 has been preserved (of course, the text was divided into articles by researchers for convenience, and the monument itself did not have such a division). Due to the fact that the Babylonian law has not been divided into criminal, civil, procedural, etc., the text of Hammurapi laws wears a "synthetic" character, establishing the rules and responsibility for their violation. Hammurapi obviously considered its laws with absolutely comprehensive, exhaustive conflict situations in the present and future. .
It is necessary to mention that the edition of the king of Hammurapi the arch of their laws was preceded by a deep judicial reform, which was reduced, on the one hand, to strengthening the element of uniformity in the court, and on the other - to strengthen the role of the king. The head of the collegial court in the communities was Rabianum - the head of the royal appointment, which was responsible for maintaining public order, or his immediate chief, head of the region. The judicial board consisted still from the Council of Elders of the community or stood out of it, and it was usually several priests. One of the judges gave permission not to accept the claim as (in accordance with the current classification) on civil cases, and in criminal, since the case did not begin at the immediate initiative of state bodies. These vessels were not the royal people, and the royal - only on cases that are not related to royal property (but, apparently, in such cases, the chairman of the royal economy fell in court). These courts were guided more than the usual than writing, the right and their knowledge of local conditions; Before the judges - elders as collective witnesses were all important transactions and acts. In some cases, the parties seem to be and not to make decisions of the lowest, community court. .
An essential innovation in the judication was the appointment with Hammurapi Tsarist judges. Hammurapi introduced the royal courts in all major cities (among the 6-10 officials subordinate to the king directly), and also, apparently, where the temple courts had previously acted. These judges acted in accordance with the royal establishments, including on written laws and decrees, or by analogy with the incidents given in these laws, and first of all, of course, on the affairs of royal people or in conflicts between the royal and non-royal people. Whether they also had an appeal or cassation instance towards the courts community, it was unclear. Their solution (or sentence) was apparently final. Judges of the city of Babylon could function as royal judges and on cases originally in other cities. .
Hammurapi retained the temple courts, but their functions were very limited: they brought parties to the oath and witnessed it; It is assumed that they also understood cases, the parties in which were priests. .
We have no clear data about the place of the king in the judicial system. He was not cassation or the appellate instance. Hammurapi in every way encouraged his complaints by all those who wish for any questions, but he, in accordance with customs, regulations and laws, passed for consideration into certain administrative classes judicial authorities; And if he even expressed his considerations at the same time, it is not about the desirability of one or another decision on this particular case, but only about the applicability in this case of certain existing standards. The kings in ancient Mesopotamia, as a rule, did not fulfill the judicial functions at all. They only appointed those judges whose jurisdiction extended to royal people. As for the community, the exercise of the court over their members was the one of its prerogatives, which the community has retained until the end of the period of antiquity.
Among the historians and lawyers, disputes about the nature and nature of Hammurapi laws were long ago: if they are the fruit of the creativity of the Tsar-legislator and his scientists who used in their work with the collections of "royal decisions", that is, sentences issued on various deeds of the previous kings, or this The codification of customary law, that is, the entry and systematization of the customs existed in Mesopotamia. Another question concerns the effectiveness of the Code - how compulsory was to follow the letter and spirit of these laws. Numerous business and judicial documents of the Starovilian era give many examples of deviations from the relevant articles of the Codex in dealing with cases and conclusion of transactions. Apparently, B. real life Hammurapi laws were a meeting of highly recommended "ideal" decisions, in many cases who did not have a certain categorical imperative and allowing significant deviations. Anyway, but the Codex Hammurapi, which is a result of careful generalization and systematization of the time-based written and unwritten rules of law, has served as the authoritative leadership in the judicial practice of Babylonian. .
When answering the first question, the student needs to characterize the legal framework on which the CHA was created: the customs established by judicial practice, to identify the impact on the law of religious norms, the traditional value system of the Mesopotamian civilization. It should also be noted formalism, casuity, symbolism, reflection of the remnants of the generic system in a number of NORMS ZKh, as well as other features related to the overall characteristics of the right monument under consideration. At the same time, it deserves special attention to the SK of the previous legislation to which the most ancient Laws of UR-Namma,composed at the III dynasty, the son of the founder of this shulgi dynasty (2093-2046 BC. e.), Lipid-Ishstara laws,the ruler of the Kingdom of Iscin, The laws of the king Eshnunna(Start XX century BC.)
SK became a kind of result of the development of the preceding pisqua of legal tradition in Mesopotamia, which determined the conceptual apparatus, the specific structure of legal instruments with a prologue, a list of norms (about farmers, about slaves, on inequality of free, marriage and relationships in patriarchal families, etc.) and an epiralogue.
Stressing the relative completeness of the SK, it is impossible not to note the fact that, by virtue of their casualness, they could not wear an exhaustive nature, which mainly refers to the spheres of relations related to the Tsarsky-Templeholder, without affecting important issues of intrafectural relations, community relations with the royal power, which were regulated by numerous customs. They often only stated an anti-acting anti-acting, without specifying sanctions, such as punishment for such grave crimes as murder, magic and pr.
ZKh standards are set out without due system, without industry affiliation, etc. But it is impossible not to notice certain internal logic in their presentation.First of all, separate blocks of norms, similar provisions relating to justice (Article 1-5) are distinguished; Protection of property of various categories of the public, temples, royal servant Luda, etc. (Art. 6-25); property and above all the land issued by the ruler for the service (art. 25-41); transactions with real estate and punishment of offenses related to them (Art. 42-88), as well as trading (Art. 89-126); crimes, in particular injuries punishable on the principle of Talion (Article 196-204), etc.
The transition of one block of norms to another is based on the principles of the Association,once or another concept or word acquires the master, key value. So, in the articles block starting with Art. 215 The contract for the employment of people and services is considered, with the key word in Art. 215-225 is the word "leak": he makes operations to people and animals, it receives this or that remuneration for his work or punishable for the harm caused to them to the patient with its negligence. The severity of punishment depends on the social position of the victim. With art. 228 There are similar situations associated with the categories of other employees. In art. 228- 233 the key figure first becomes the builder of the house, then (Art. 234-239) the boatman, the owner of the vessel. The content of the next ten articles (Article 241-251) is concentrated around transactions related to agricultural animals (will, bull), as well as around the harm caused by a person or man with an animal, etc. Such associative transitions from one block of rules to another student Can demonstrate on other examples.
They were not the first written act in this region:
ü legal customs;
ü laws that existed in the area of \u200b\u200bMesopotamia;
ü religion;
The influence of religious norms is not very large, but it is still present. This effect is felt in the list of evidence of a crime.
The laws were knocked out on the stove.
The structure of the laws of Hammurapi.
1) Preamblein which Hammurapi presents itself and declares the objectives of creating laws. The goal is the desire to make the shine justice so that strong does not hurt the weak;
2) ourselves legal normsthat everyone should know;
3) Conclusion;
Recorded exclusively in the form of text on the post. From the deepest antiquity, it was believed that the laws need to be exhibited in a public place so that everyone knew them.
Articles were not. But Sheyl (first translator) for convenience broke the text on 282 articles. 247 reached us, the rest - tried to restore.
There is no division of rules by industry of law, etc., but nevertheless the procedure for consideration of the norms is quite logical. The legislator tried to group norms on the subject matter based on its associations.
C 1-5 articles - procedural provisions, 6-126 - norms regulating property relations, 127-195 - the norms of family and hereditary law, 196-214 - the defense of the personality, 215-to the end - the provisions on hiring and some other treaties. Therefore, it is impossible to talk about complete impotability.
ü Configibility of the monument. Sometimes they call the forensic, as it is primarily intended for ships. Code;
ü Family law, property relations, criminal law, but mainly the desire to resolve relations related to the management of the royal economy and enshrined other provisions of particular interest to the ruler "
ü the secular nature of the monument. The influence of religion is present, but still he is secular. The issues of religious life of the law of the law are not regulated. This traffic accident is not surprised, because the position of religion in the ancient Babylon was not like in Egypt. Residents took care of prosperity in this world, and not in the afterlife. Above this, they only put the health, the life of children;
ü Level of legal technology is low (many gaps, general concepts are absent, the absence of the norms of general meaning, casuity). "If someone will steal the ox, a pig or a fine ..." description of specific cases. Court by analogy;
ü formalism;
Chammurapi laws tell us about the life of ancient Babylon.
The legal status of groups of the population in the Board of Hammurapi.
The population is divided into free and slaves.
Slaves - Vidsen. Slavery is patriarchal. Hammurapi laws confirm the possibility of the presence of property from slaves, the right to join some transactions, the rights of slaves belonging to the Palace or Muskenums to marry with the daughters of Avilums. Children from this marriage are free, and after the death of a slave, the owner of Mr. takes half the property of the deceased. The second half is the daughter of Avilum, so that it raises children.
The slave is not only a subject, but also the object of law, as it is part of his master's property. If someone hurts the slave, therefore, the property harm to Mr. Rab. If the slave treats the doctor - pays his gentleman. I ran away - catch. Any encroach on the life of the slave \u003d Property Crime against his Mr. They \u003d things.
Free:
Ø Avilum ("Man", "Son of Man");
Ø Muskeneum ("bouncing NIC);
Academician Struve believed that Muskenums were a conquered population, Aviluma - those who conquered local residents. The criminal law protection of the personality of Avilums is stronger than Muskenums. If Avilum causes damage to avilum, therefore, equal to punishment. If the same against Muskeneum, therefore, a fine. More severe punishment for equal. But not all Avilos are equivalent in their status. Aviluma was large in origin. The fee of the doctor, illuminated by Avilum, more than that of Muskenemum.
Professor Dyakonov does not agree with Struve and notes that the term "Muskeneum" met before Assyrian conquest. Where the chammurapi laws mention the palace, and there is also mentioned about Mushkayenums and their property. The big protection of muscaneums is provided in the laws of Hammurapi. Muskenums are faces outside the community associated with the royal economy. The property of Muskenum is mentioned next to the property of the palace. Aviluma - community workers who are not involved in the management of the royal economy. Thus, we see different views on the position of free people.
The laws of Hammurapi mention shippers, doctors, Tamcar (royal merchants). These are agents and sabbe (artisans, merchants, faces associated with the market), and priests, and warriors (Rounduma and Biruma).
Legal regulation of property relations.
Private property on Earth is not developed, as it is necessary to work with many together, therefore, the collective ownership of land in the form of community form, which accounted for 80% of the Earth.
State (Tsarskaya, Palace) Property. The temple economy is included in the system of palace economy. This is a type of property ownership. 18% of the lands were owned by the king. Not more than 2% - private lands. Supreme Owner of all lands - king. Therefore, it can count on taxes, part of income that other owners or land owners receive.
The king, like the owner, has the right to receive income, then - the community. The family transfers the income of the community. Community - king. Each receives part of income.
Community property.
Part is the community. Part is divided between communities, who only use them, they do not possess absolute freedom. Communities for the use of land carry certain duties in favor of the state:
@ Military service;
@ Labor service;
@ Meal in the form of transferring the king of a certain harvest share (natural tax);
@ Tax in cash;
State (Tsarist) property.
Palace + Temple Property. With the king of Hammurapi, the king detracts the value of the temple, therefore, it was included in the royal economy. Part of the lands are processed by state slaves and the produced crop is sent to the royal storage facilities. The next part of the lands is expelled. For rent pay up to 1/3 crop. If it came about the garden rental - up to 2/3.
Lands given to officials (soldiers) for the service.
Special attention in the laws of Hammurapi - ilkum.. These are land or other property (house, inventory), which the king gives its soldiers under the condition of military duty. The analogue of the ILCHUM property is beneficia.
Warriors - Ronduma and Bairuma. They have 2 duties:
1) serve (go to the royal trips);
2) the land must be processed;
Ilkum was subject to withdrawal from civil turnover. Issued under the condition. It can not be sold, exchange, donate, pass by inheritance. The transaction will be invalid. ILCUM Return.
The king especially cared for his warriors:
1) If the warrior is captured, his property is transmitted to another warrior, but when he did not return home, Ilkaum returns to its owner. If the warrior has a son who can replace it, then the property is transferred to his son to replace his father. And if there is no adult son, but there is only a younger, then the king leaves the wife of a warrior 1/3 Ilkum so that she grows up the future warrior;
2) A clear list is established, the order of those persons who need to buy a warrior from captivity. But the property of ILCHUM cannot be issued as a fee for the liberated;
3) if the warlord takes the ILCUM to the warrior - the death penalty;
If the warrior is missing, then his wife can marry, but if he returns, it should come back. Children follow their fathers.
Private property .
Non-proliferated.
Communicative right.
In Babylon, as in all other old ancient countries, the main thing that is the foundation of the welfare of the Individual, family and society as a whole is the Earth. By virtue of its significance, land plots became the object of complex legal relations. The content of Hammurapi laws is clearly indicating that land plots were in the Babylonian society the subject of civil turnover - they could be sold, to lease, exchange, transmitted by inheritance, to be a pledge (for example, Article 39-42).
40. Putitum / Priestess /, Takkar or obliged to another mantosis can give their field, their garden and their own home for silver. The buyer must carry a mantle associated with a field, a garden or house that he bought.
42. If a person leases a field for processing and does not grow bread on it, then it should be consistent with that he did not do necessary work in the field and he must give the owner of the bread field like his neighbors.
Consequently, the institution of ownership of land was fully developed here.
Contract of sale.
1) the seller must be the owner of the property (Article 265);
2) The contract is in writing (land, immovable things, juvenile, slave ...), (Art. 7 - "If a person buys a man's son from his hand or from the hand of a person's slave without witnesses and a contract or takes on storage or silver, or gold, or a slave, or a slave, or a will, or a sheep, or a donkey, or anything, then this person is a thief, it must be killed ");
3) the public form of the contract (a sign of immaturity of mandatory law) (Article 7);
4) The subject must be in the property turnover (Article 35, 36, 37);
35. If a person buys a large or small cattle from the Redu, who gave the king's hand, he loses his silver / property received from the king for the service, could not be sold /.
36. Field, Garden and House of the Reduma, Bairuma or Revenue Related / Relocation / Cannot be given for Silver.
37. If a person buys a field, a garden or a home of the Reduce, Bairuma or the income bringing, then his sign must be broken / i.e. To destroy the document, fastening the transaction, and thereby make it insignificant /, and also he loses its silver. Field, Garden and House Return their owner.
Art. 278 - warranty period. " If a person buys a slave or slave and after the month of his month he will be folded, the buyer can return it to his seller, and this buyer gets the silver that he molded».
Art. 279 - Eviccia (sale of things that belongs to this person). " If a person buys a slave or slave and subjected to a lawsuit, only his seller answers the claim».
Lease contract.
Article 42-48 - Rent of virgin and fields, Article 60-65 - Garden Rent, Article 49-52 - Pledge of Earth.
1) Fee for the leased field - 1/3 of the harvest (Art. 46 – « If it does not receive rent or give a field from the floor or from a third share, then the farm bread and the owner of the field on the field should be divided by the agreed partial ratio»);
2) when leaseing under the conditions of recoil 1/2 harvest, the landlord undertook to participate in expenditures or in the field processing work (Article 46);
3) the garden, which gave more income, passed on 2/3 of the harvest (Article 64);
4) Rent a short-term (1-2 years). For a longer period, there was not yet mastered land;
Rent land - Art.44, Art. 60 – « If a person gives a gardener to plant planting a garden, and the gardener will push the garden and will raise the garden for 4 years, then for the fifth year the owner of the garden and gardener shall divide robust among themselves; the owner of the garden should choose and take his share first».
First year - Art.47, 48 – « If a person has a percentage debt on himself, and Adad floods his field, or the flood will damage the harvest, or as a result of drought in the field, Xle6a will not grow up, then it can not return bread this year to its lender and destroy your document; also interest in this year he may not give».
The legislation determining the relationship between the owner of the land and the tenant contributed to the development of the economy. If the tenant did not handle the grows taken, then the dollane was to pay the owner of the field, based on the volume of the crop grown by neighbors (Article 42, 43)
In addition to renting a field, Garden Chammurapi laws mention various types of property hiring:
@ Premises;
@ Domestic animals (242-249, 268-271);
@ Shipy (275-277);
@ Carts (271, 272);
@ People (253, 257-259, 271, 273, 274, 237, 239);
The laws establish not only a fee for the hiring of things, but also responsibility in the event of the loss or death of the property. A personal employment agreement (people) is widespread. In addition to agricultural workers (273,274,257,253), hired doctors (215,221-223), veterinarians (224), builders (228). The laws define the procedure for paying for these persons, as well as responsibility for the result of labor (for example, a doctor in the event of a patient's death - 218, 219, 220).
Storage contract.
It is with witnesses (Article 122). Article 18-126.
120 . If a person spins his bread to storage in a person's house, and in the bread pantry there will be a short job, or the owner of Domakhleb, or it will completely bother that bread is dug in his house, then the breadman of the bread must point out before, opening the Hitter, he will take his bubble bread to the host The bread taken in them is doubly, and the owner of the house must give the owner of the bread took her bread doubly.
122. If a person gives a person to storing silver, gold or whatever, he must show witnesses how much he gives to conclude a contract and can be stored.
124. If a person gives a person to storing silver, gold or anything before witnesses, and he utters before them, then this person must be able to endure and he must return everything from which he unluckled, doubly.
126. If a person who has not lost anything, says: "Something disappeared," I will lean my neighbors, then his neighbors should kill him in front of God that he did not disappear, and he must give his neighbors doubly what he claimed.
Commodiation contract.
Profit and loss - robbing (Art.99). Article 907.
99. If a person gives a man silver in the order of the partnership, then profit or loss, which will be, they should divide the robust before the gods.
102. If Takar's shamalloum / small merchant, simultaneously performing the instructions of Tamcara / Silver, interestless, and he will suffer a loss where it goes, he must return the Master amount.
103. If in the way the enemy takes everything he drove, then Shamalm must swear by God and be free from responsibility.
106. If Shamalmum takes silver from Tamcara and eating in front of his Tamcar, then this tarcar should be able to expose Shamalloum before God and witnesses in obtaining silver and Shamalulum should give the Tamcar Silver, which he took in a triple size.
Other types of contracts.
Loan. A characteristic feature is the desire to protect the debtor and prevent debt slavery. This is evidenced by provisions that limit the term of debt testing (3 years) - Article 117, interest charged by the Rovovier with both money (89, 94) and from a natural loan (88, 94, 93), the creditor's responsibility in the event of the death of the debtor As a result of the bad handling of it (Article 116).
Pledge. Article 114-119. Guard of hostage from beatings (116), 3 years - maximum (117).
114. If a person does not have a debt man with bread or silver, and he will hold his hostage, then for each hostage he is obliged to cast 1/3 of silver mines.
115. If a person has a debt of bread or silver for a man and will keep his hostage, and the hostage will die in the house that took the deposit on his fate, then this is not a basis for the claim.
116. If the hostage dies in the house that took pledge from beatings or bad appeal, the hostage owner must endure his Tamcara; If taken in a deposit - the son of a man, then he must kill his son, if - a person's slave, he must reject 1/3 of the mines of silver, and also loses everything given in debt.
117. If a person has a debt on himself and gives his wife his wife to his wife, his son or his daughter, then they must serve in the house of their buyer or the lender for 3 years, for the fourth year they must let them go to freedom for the fourth year.
119. If a person has a debt on himself and gives his slave for silver, who gave birth to him, then the owner of the slave can reject silver, what a tagkar was reckoned, and redeem his slave.
Family law.
About 70 articles.
Marriage.
We do not know the conclusion of marriage. But he was concluded by concluding a contract in writing (Article 128). Parties to the Treaty - Groom and dad bride. The coming is part of the property complex of the family, but if the woman dies earlier than his husband, the heir to her attached children becomes. The husband can only use this emphasis to raise these common children. If not, then return the late wife gone to the house. The husband must pay the marriage gift. Part immediately as a sign of confirmation of the contract. If the groom refuses to be married, he loses this part of the gift paid. If the father is paying this amount in double size.
Termination of marriage.
§ divorce;
§ the death of one of the spouses;
Divorce - in mutual agreement, for on the initiative of one of the spouses. The second type of divorce appeared much earlier. In the XIX century, the divorce on mutual agreement is not developed. There are glimpses in antiquity, but not Next. In Babylon, only 2 types of divorce. No obstacles for her husband. Condition - adjustable fee. Exemption from the adjustment board - if the wife is wasteful, ruins the house, disgraces her husband, then the husband can drive it out, not giving an adjustable fee. Not obliged to drive out - can leave in the house at the position of the slave. A woman can terminate marriage only in 3 cases:
Ø If the husband performs adultery;
Ø If he blames it unreasonably in adultery, but she was not polished, she could not bring an oath, collect things and leave;
Ø If he leaves his home and place of residence without good reason;
In the absence of children, the legislator, connecting it with the infertility of a woman, gives a man the right to take a concubine from among his slaves. But it should not rise to the position of Mrs. But children are free, although the heirs of the father's property, they, like children from the slave, are if the father admitted them to their own.
Family Patriarchaln. Head of Family - Father. He keeps everything, disposed of property, everyone must obey it.
Adoption - used to increase employees in the family.
Inheritance.
@ According to law. Heirs are children. Moreover, the boys receive a share in the inheritance, and girls - as a bold. Exception - priests. All children receive equal shares in the inheritance;
@ Meeting the inheritance inheritance in the will. But not anyone, but only a son, a pleasant father. List of property that can be billed (home, field, garden). This is considered as a donation made in case of death. Such a gifted after the death of the father will take a gift, and then together with his brothers and sisters, divide the remaining inheritance equally. Father could deprive the inheritance of the Son who committed a serious sin. The severity of sin determined the court. The first time the Father turned to court and his request remained without a positive response. And if reused, the court agreed with him and allowed to deprive the inheritance. After the death of her husband, his wife receives a widow share. The size is determined by a special document. If the husband did not do this, then the wife receives a widow a share in the amount equal to the hereditary share of his children, but receives this share in the use. After the death of her husband, the entry is married with the juvenile children only with the consent of the court.
Criminal law.
The laws of Hammurapi do not give the overall concept of a crime and a list of all those acts that are recognized as criminal. Almost nothing is said in the laws on state and religious crimes, always punish the death penalty. Why? It may have been a different legislation or punishment were known to everyone.
Crime compositions:
1) State (responsibility for the monitoring of a conspiracy against the king);
2) Religious (Article 10 - if the priestess opens the Corcha or goes to the Corchm for the beyon of siquses, then the death penalty);
3) Official (Art. 5 - the responsibility of the judge for the revision of the court decision, it is removed from office, fine * 12 pricing prices);
4) Military (Article 26 - the nebid hike in the call of the king and the responsibility for the abundance of their warriors);
5) Property (against property, many compositions):
@ Theft of livestock (Article 8), man (Article 14), slave (Article 15);
@ Slave felling (Article 16);
@ Removal of stamps from slaves (Article 226);
Hammurapi laws are distinguished by theft (Article 6, 8, 14, 259, etc.) and robbery (Article 15, etc.). For all property crimes there were severe punishment. It was either the death penalty, or a member punishment (cut off), or a huge fine, multiple times exceeding the cost of stolen.
6) Crimes against personality (Applying small damage, responsibility for killing, responsibility for insulting, crime against morality):
@ Requireless murder (death penalty - 229, cut off - 218, 219-223);
@ Certificate (eye, bone, tooth). The principle of talion, or less, if less rank (Article 196-205);
@ Beatings (Penalty 206-209, 211-214);
7) Against family:
@ Adultery (Article 129);
@ Blood (Article 157, 154);
@ Actions undermining the father's power (Article 195);
Punishment.
All types of punishments established by Hammurapi law are determined by one goal - retribution. Therefore, when determining the punishment, the legislator is quite often guided by the principle of Talion:
1) death penalty:
@ Burning (110);
@ Drowning (155);
@ Planting on count (153);
2) Penalties:
@ Certificate (Avilum Avilum - Art. 196, 197, 200);
@ Painful (blows of a leather beak - Article 202);
@ Scorching (shaving of temples);
3) Fine (Article 198, 201, 216, 217 ..);
4) deprivation of the right to hold a judicial position;
5) Exile from the community (154);
6) confiscation of property;
General rules general principles There is no punishment. Everything is casual. The severity of punishment depends on the volume and subject of crime. In this area we meet with the remnants of the generic system.
1) exile from the community;
2) the preservation of the community's collective responsibility for the embezzlement on its territory, if the robber has not been found;
3) Talion's preservation as a principle of criminal punishment:
@ simple (eye behind the eye), if Avilum Avilum;
@ symbolic;
Procedural law.
Divided into civil and criminal proceedings.
The process is accusative:
Æ accusing, as it starts at the initiative of the prosecutor (plaintiff). Only the initiative of the plaintiff leads to the case of the case by the court. In the ancient world, the initiative of the plaintiff itself excites the process;
Æ Competition, since the parties are equal to the court;
Æ During the process, the parties compete, representing the court of evidence of their rightness;
Æ The court passive, he takes only the evidence that the parties will submit;
The court evaluates all evidence on inner conviction. Proof does not have a predetermined value. In ancient world, that the court does not work arbitrarily - the proof must have a value established value. In Babylon, the court assesses evidence on inner conviction.
Interesting articles in which they talk about evidence in the laws of Hammurapi.
Proof system:
Ø oath;
Ø Ordalia ("Court of God", a kind of evidence). Punishment - the test of the river. 2 cases - the accusation of the sorcerence, as well as if a woman of third parties accuse himself in marital infidelity, and she was not captured with political;
Ø Certificates ("purchase and sale")
o written documents;
o Real evidence;
The solutions were fixed on clay signs and only the king could reconsider. Other judges reconsider the case.
State of ancient India.
1. The overall characteristics of Hammurapi laws as a historical source.
2. Economic development of ancient Babylon:
a) agriculture, gardening, cattle breeding;
3. Forms of land property and land tenure.
4. Social composition of the population:
a) class division;
b) Features of slavery.
5. Tsarist Power.
6. Family relationships.
The proposed topic best summarizes the seminar classes at the rate of the history of the Ancient East. On the one hand, it shows Mesopotamian society at the stage of existence of a mature state structure, when all the early forms studied in previous topics are now unfolded in their fullness, and the trend, before the hidden in the previous stages, found themselves quite visibly. Sumerian civilization went into oblivion, and its achievements perceived the Babylonian civilization, the further development of which will give such a lot to the world. In addition, it is possible to easily detect other traces of the plots from the previous topics in this topic: the formation of private property (now undoubtedly happened), the role of the state in the regulation of the economy and in social politics (Now obviously ambiguous), the problem of stability and reforms (now quite conscious).
Undoubtedly, all the variety of opportunities when working on this topic is realized precisely because researchers have a unique source - the so-called "laws of Hammurapi". In the center of the seminar classes according to the laws of Ham-
(SKh) Lies the text of the source itself, the main literature - ^ which gives comments and explanations to this text, and it is the source here to serve as the basis for finding answers to the questions raised, yet other information is considered as secondary to it.
Therefore, the first question to be considered with special care is the question of the SK as a historical source. Of course, the answer to this question cannot be transferred to the simple listed issues that separate articles of the Code. The central problem here is the degree of representativeness (representativeness) of the source, the determination of the extent to which it can serve us as a sufficient storehouse of information on the social history of the Starovalonian kingdom. The student must seriously consider the question of how correctly calling the SK is "laws", pay attention to the fact that in historiography there are other points of view, carefully consider them, conforming to the text of the source. First of all, you need to pay attention to the Prologue and Epilogue of the SK, how Hammurapi explains the creation of the text, what kind of goals he puts in front of him and what the future will prophesate his stele. It is importantly attracted as additional aids also information characterizing a source from the material side of the case: when the first text was found, where it was recorded, in what language, there are other copies and to what time they belong. It is also important to understand some of the original source characteristics: for example, what it is in principle cannot tell us.
Ther is definitely the greatest possibilities of the SK represent for the detailed characteristics of the economy of the Starovalon kingdom. DDA best preparation To work on this issue, the student is recommended to draw up previously indexes of articles on each of the sections (separately on farming, gardening, craft, etc.) and read in the literature corresponding to each of the sections comments. This will allow when working at the seminar to give a detailed analysis of the most important articles and be able to attribute them to a broader context of the development of the Babylonian economy. Train- * Je also, that the characteristic of economic development
Babylonia in the SK is almost non-unrealized with the characteristics of social relations in certain areas of the economy, and therefore they should not be isolate. For example, when consideration of agriculture, it is important not to avoid the following questions: what was the position of tenants, as far as their layer was numerous and there were sources of its formation; that the community of the studied period was represented by her role and functions, which was different from the community, say, Sumerian time; Why Hammurapi tried to regulate the payment of artisans as far as these efforts were; What was the role in the Babylonian economy of Tamkarov, which was the duality of their position, etc. In addition, it is necessary to search for answers to next questions: What was the state of soil during the creation of the SK, did the use of agricultural land changed from Sumerian times, what role in the economy played the free market, what the differences in the external and internal trade was, how much the turnover of silver was developed during the period studied?
Speaking about the forms of land ownership and land tenure,
it is notemly remember the topic II, the specifics of relations about
in the east and make sure how difficult
theity appear to us with these relationships. Definitely
best source point for consideration of land relations
in the studied period is the analysis of state (royal)
land tenure, and determining how other shapes
noah was treated to the royal. Analysis in aggregate
the social role of the Babylonian highest power, its possibilities in
the disposal of land and trade, and leads us to Sbalansiro
bath valuation role royal power. sh
When analyzing the social composition of the population, attention should be paid to the following questions: how the classified division correlated with the level of income and the real possibilities of prosperity in the Starovalon Society; What were the rights and obligations of individual estates, and why only selected positions are indicated in the SK, and a number of issues are covered by the Party. A separate interesting aspect - slavery - needs clarification of the following points: What were the forms of slave state; What were the ways to replenish the slavish class; how much
okiya opportunities for the transition to the slave estate provided debt slavery (it should be considered separately, what were the goals of the state in this matter); What was the role of slaves in the economy of ancient Babylon.
In the same way when considering family relationships It is necessary not to be limited to the insignificant characteristics of the older family as a patriarchal, and consider the real possibilities and rights of the parties as they represent the SK. In order to better understand the family relationships in Babylonia, they should compare them from relations in Assyria, displayed in Central Committee (SAZ).
1. Reader on the history of the Ancient East. M., 1980.
2. Readings on the history of the Ancient East. M., 1963.
3. The history of the Ancient East. Texts and documents / ed.
B.R Cousins. M, 2002. P. 167-191.
4. The laws of Babylonia, Assyria and the Hittte kingdom // VDI.
1952. №3.
X. Deber M. Agricultural history of the ancient world. M., 2001. P. 147-171.
2. Dyakonov them, L.M. Shopner Starvilian laws (comment) // Lady. 1952. no.
Z.Dyakonov IM People city. M., 1990. P. 97-125, 155-224.
4. Dyakonov them. Problems of the economy. On the structure of the society of the Middle East to Ser. II thousand BC. // Lady. 1967. No. 4; Lady. 1986. №4.
5. Lodine O.A. The history of the state and the rights of the Ancient East. M., 1963.
s 1P! In the 0 of the Republic of Justice of the East: materials on historiography. _№_! " 1991. P. 51-101.
7. History of the Ancient East. Part I. Mesopotamia. M., 1983. p.361-384.
8. Nikolsky nm. Slavery in ancient two-frequency // VDI. 1941. №1.
9. Jacobson V.A. The legal and property position of the VO-Na-Rondum time I of the Babylonian dynasty // Lady. 1963. № 2. P. 129-141.
Y. Skobson V.A. The emergence of writing law in ancient Mesopotamia // VDI. 1981. No. 4.
All materials presented on the site solely to familiarize themselves with readers and do not pursue commercial purposes or copyright infringement. Studall.Orh (0.006 sec.)
Jacobson Chammurapi laws as a source on the history of ancient Mesopotamia
Jacobson V.A. Hammurapi laws as a source on the history of the ancient Mesopotamia / the dissertation abstract on the degree of Doctor of Historical Sciences. Leningrad, 1988. 41 p.
The task of this work and its relevance is determined by the following circumstances:
1. Text that in science is made to designate as "Hammurapi laws", is one of the most important sources to the political, socio-economic and cultural history of the Starovilon period and the whole history of the Ancient East.
This text is unique in its volume and, which is also important, according to the degree of preservation, contains information about the ideology of the state and the royal authorities, about public, economic and economic structure, on social and economic relations in society, about the nature of property, on family relationships , on ideas about justice, about the trial and system of punishments and, finally, about solving specific legal incidents. In an implicit form, it also contains ideas about the methods of systematization and the presentation of regulatory establishments.
2. To detect and correctly understand all these information, the correct definition of this source is crucial. The name "Hammurapi laws" was given to our text still his first publisher V. Sheil and became traditional. However, many asseeologists challenged and challenged the eligibility of this name. In the originals, all clini texts were called on their first line, which, of course, says nothing about the nature of the text. In modern Assyriology there are at least four substantially different estimates of the text, which is the subject of our work: "Hammurapi laws" is a) Code of laws, i.e. Systematized collection of current law (or at least he was conceived as such); b) loose, incomplete and unsystematic collection of legal norms who did not have a general communication; c) legal tract, who has no legal force at all; d) Samiphans of the king, who did not have the strength of the law, nor even the values \u200b\u200bof the precedent. As long as the necessary clarity is not made in this question, any attempts to use the text of the "Hammurapi laws" as a historical source will be deprived of a reliable basis.
3. Thus, the goal of our research is to determine the essence of the text of the "Hammurapi laws", its own role in the life of the Society of the Starovalonian period and its role as a historical source for a modern researcher. The actual work of the proposed work is determined.
www.orientalstudies.ru.
According to the laws of Hammurapi;
Children's State 2001
Children to Schistinin's school are brought from different ends of Russia and the CIS. From some parents just get rid of, for they do not cope with their upbringing. And the children are here and the home of the native and the joy of life. But there are such cases. I arrived at the Schistinine School Director Natalia Bondarchuk. By the way, she has already shot five films about life at school. Brought a twelve-year-old daughter with you. While mom was busy with filming, the girl began his friends with lyceums, she realized that he would return to her ordinary school - the same as. In general, we will not catch up. The girl flatly refused to return home: she is engaged in different sciences, gives standings and exams, that is, it is preparing to become a student. On the same days, Mikhail Petrovich received a letter from the boy. "Uncle Misha," he wrote, "I'm in the fifth grade, I don't like me at school, my parents threw. I live at grandparents. Grandfather drinks and beats me, grandma kicks out from home. Take me to myself. I will learn and obey, I love to walk all day. " But the letter was without any reverse address. "I welt it," Mikhail Petrovich told me, "you need to save the boy."
Those who wish to open the same schools in different regions of Russia. Delegations come with letters of presidents of the republics, governors. They ask to open branches or send their student followers so that those led the creation of such educational complexes. But Mikhail Petrovich is cautious: he survived so much that he won't want to give his people and his ideas for confusion. The presidents and governors come and leave, and the goodwill of one can change the hostility of the other. Therefore, not ordinary promises are needed, but guarantees in the form of government solutions, the allocation of buildings and land plots, legalized free activities. And the main thing is not to pull, do not insult a misunderstanding. Schetinin says: "Take me as an artist who works in his workshop, and no one violates his creative inspiration. In 2001, I myself will open the workshop, and let everyone who wants to contemplate my sculpture will come to appreciate it. Is it really impossible? " Maybe then it will appear somewhere on the world map a true children's state.
Plan:
1. Characteristics of the main source.
2. Association of two frequencies under the rule of Babylon.
3. The economy of Babylon:
a) agriculture;
b) craft;
c) trade and usury.
a) land relations;
e) family relationships.
Sources and literature:
1. Workshop on the history of the ancient world / Ed. N. S. Svencitsky. M., 1981. Issue.1. P. 8-14.
2. Readings on the history of the Ancient East. / Ed. M.A. Korostovseva. M., 1980. Part 1. P. 151-185.
3. Dyakonov I.M. Problems of the economy. On the structure of the society of the Middle East to Ser. II thousand BC. // VDI, 1968, №№ 5, 4.
4. The laws of Babylonia, Assyria, the Hittte kingdom. / Under. ed. I. M. Dyakonova // Bulletin of Ancient History, 1952, No. 3. P. 199-303.
5. History of the Ancient East. The birth of ancient class societies and the first foci of a slave-owner civilization. Part 1. Mesopotamia. M, 1983. P. 361-391.
6. History of the Ancient East. Materials in historiography. / Sost A. A. Vigasin et al. M., 1991. Section P. Social structure of Starovalon Society.
7. Klengel-Brandt E. Ancient Babylon. Smolensk, 2001.
8. Lambert-Karlovski K., Sabers J. Ancient civilization. Middle East and Mesoamerica. M, 1990.
9. Lloyd S. Archeology Mesopotamia. M., 1984.
10. Nikolsky N. M. Culture of Ancient Babylonia. Mn., 1959.
11. Reder D. G. to the question of the legal position of slaves under the laws of Hammurapi // Ancient East. Sat Articles in honor of Acad. M. A. Korostovtseva. M., 1975.
12. Jacobson V. A. The emergence of writing law in ancient Mesopotamia // Bulletin of ancient history. 1981. No. 4.
13. Jacobson V. A. Regulation of international trade according to the laws of Hammurapi // Ancient East and World Culture. M., 1985.
14. Jacobson V. A. The emergence of writing law in ancient Mesopotamia. // VDI, 1981, № 4.
15. Jacobson V. A. The legal and property status of the warrior of the time of time 1 of the Babylonian dynasty. // VDI, 1963, № 2.
16. Jacobson V. A. Regulation of international trade according to the laws of Hammurapi. // Ancient East and World Culture. M., 1985.
Describing the most important source on the history of Starovalon society and the state in the XVIII century. BC. - Hammurapi laws should understand the goal of creating a code, its essence, to understand the features of the religious and political phraseology of the introduction and conclusion of the Faith. Then it is necessary to analyze the prerequisites and the causes of the elevation of Babylon, to highlight the course of the struggle of Hammurapi for hegemony in two-range and its activities as the head of state. Getting acquainted with the economy to draw attention to the development of agriculture and its main industries, handicraft production, usury, to identify the forms of trade, its nature and the role in the economic life of the ancient Valvevilian society.
Topic 2. Egyptian powers in the era of the new kingdom
Plan:
1. Specifications.
2. Conquest of the pharaohs of the XVIII dynasty. Organization of management and operation
conquered territories.
3. The socio-economic development of Egypt during the period of the new kingdom.
4. Religious and political reform of Amenhotel IV (Ehnaton).
5. Egypt at the board of the XIX and XX dynasties. Decline of the new kingdom.
Sources and literature:
1. Reader on the history of the Ancient East. / Ed. M. A. Korostovtseva et al. 4.1. M., 1980. P. 58-115.
2. Avdiyev V.P. Military history of ancient Egypt. M., 1962.
3. Alfeev V. A. The strangest of the pharaohs // Questions of history, 1968, No. 9.
4. Jacques K. Egypt Great Pharaohs. History and legend. M., 1992.
5. History of the Ancient East. The birth of ancient class societies and the first foci of a slave-owner civilization. Part 2. Front Asia. Egypt. M., 1988.
6. History of the Ancient East. Materials in historiography. / Ed. V. I. Kuzishchina, A. A. Vigasina. M., 1991. Section 1. Slavery in Egypt of the new kingdom.
7. Carter G. Tutankhamon Tomb. M., 1959.
8. Katsnelson I. O. Tutankhamam and Treasures of His Tombs. M., 1979.
9. Katsnelson I. S. Character of wars and slavement in Egypt with pharaohs-conquerors of the XVIII-XX dynasties. // VDI, 1951, № 3.
10. Craram K. Gods, tombs, scientists. Roman archeology. M, 1960.
11. Korostovtsev M. A. Religion of Ancient Egypt. M, 1976.
12. Lurie I. M. Essays of the ancient Egyptian law of Hu1-kb. BC. L., 1960.
13. Mathieu M. E. at the time of Nefertiti. M.; L., 1963.
14. MERTC B. Red Earth, Black Earth. Ancient Egypt: legends and facts. M., 2001.
15. Monte P. Egypt Ramses / Per. With Fr. FL Mendelssohn. Smolensk, 2000; or 2002.
16. Perepelkin Yu. A. Egyptian society in the days of the new kingdom // History of the Ancient East. The birth of ancient class societies. Ch.I. M., 1988.
17. Perepelkin Yu. A. The revolution of Amenhotep IV. Part 1. M., 1967; Part 2. M., 1984.
18. Perepelkin Yu. A. The mystery of the Golden Coffin. M., 1968.
19. Perepelkin Yu. Y. History of Ancient Egypt. SP., 2000.
20. Prakopchyk N. Hatpsut - Vaardarka ESTA // Alesya. 2001. No. 4. P. 42.
21. Solkin V. V. Egypt: the Universe of Pharaoh. M., 2001.
22. Stuchsevsky I. A. The dependent population of Ancient Egypt. M., 1966.
23. Stuchsevsky I. A. Agriculties of state economy of ancient Egypt Epoch
Racesides. M., 1982.
24. Stuchsevsky I. A. Colonial policy of Egypt in the era of the XVIII dynasty. M., 1967.
25. Stuchsevsky I. A. Ramses II and Herihor. M., 1984.
26. Stuchsevsky I. A. The temple form of the royal economy of ancient Egypt M., 1962.
27. Stuchsevsky K. A. Ramses II and Herihor. M., 1984.
28. Shmelev I. P. The phenomenon of ancient Egypt. M., 1993.
Ancient states of Mesopotamia
Sources of law
The ancient Greeks were called Mesopotamia (interfluve, or two-range) land located between the Tiger and Euphrates rivers. In the valley of two rivers in IV thousand BC. Another focus of ancient civilizations arose - the culture is as great as in the Nile Valley. Unlike Egypt, where over the course of three thousand years, the same people dwell and one state has developed, various publications changed each other in Mesopotamia - Sumer, Akkad, Babylon, Assyria, Iran. It was assimilated by different peoples: fought, traded, rumped up, minced; Built and destroyed temples and cities. The history and culture of the two-frequenses are more dynamic compared to the conservative and stable culture of Egypt.
Independent state cities in Mesopotamia in IV-III thousand numbered about two dozen. The most significant of them were: Ur, Uruk, Kish, Umma, Lagash, Nippur, Akkad, and the youngest Babylon, the cultural and political importance of which WHO grew in II thousand BC. Since the cultural foundation of Mesopota-Mia was laid by Sumerians, and most cities were founded by them, ancient period It is customary to call Sumerian. In XXIV - XX V.V. The power and influence of the Akkada, whose people perceived a lot from the Sumerians and from this period can be told about the Sumeriskaccian kingdom. The most ancient states of Mesopotamia are Sumer, Akkad, Babylon and Assyria Oppenheim N. Ancient Mesopotamia. Portrait of a dead civilization. M.: 1980 ..
In the states of ancient Mesopotamia, the main source of law was very early to be a written legislative act adopted by the will of the ruler of a particular kingdom. The emergence of royal arrangements was due to the special conditions for the formation and development of numerous states; Armed during wars, coups, conquests, when there were fractular territorial and political associations, the power of one or another ruler fell or strengthened, the rule of one or another ethnos was established. The royal legislation was stimulated by the relatively early development of commodity and cash relations, internal and foreign trade. Babylon was one of the main central trade centers in the ancient world.
The first royal inscriptions were not laws or reforms in their own way. They contained information about the actual or imaginary victories of Mesopotamian kings, their blessings to the residents of their country, cities, temples, gods. The indispensable attribute of these apologetic inscriptions is the approval of the restoration of justice, about the protection of the king of disadvantaged: the poor, orphans, widows, etc. The so-called "reforms" of Uruintin, the ruler of the Kingdom of Lagas, belonging to 2400 BC, belong to the so-called "reforms" They mentioned the reforms held by him, about the release of the poor from debts, beatings, arbitrary defeats, on the protection of temple property, which was encroached for the same rulers.
The main goal of Uruintina is to leave the memory of yourself to the upcoming generations as a guardian of the "old orders", "old customs", which affected the influence of community ideology. Not being presenting the existing laws, the first inscriptions, meanwhile, laid the foundation for the written tradition of the compilation and publication of the legislative commands of the ruler, laws in the proper sense of the word Jacobson V.A. The emergence of writing law in ancient Mesopotamia // Bulletin of Ancient History, 1981, №4 ..
These ongoing legislative acts and were reached to us, the truth is not in full, the oldest laws of the king of the UR-Namma, the founder of the Dynasty of the Hurray (End of the III of the Millennium BC), the laws of Lipid-Ishstara, the ruler of the kingdom of izin, the laws of the king of Bilalama Kingdom Eshnunny (Beginning of the II Millennium BC), Middle Systemic Laws (Middle II Millennium BC) and the most significant legal document of Mesopotamia - the laws of the king Hammurapi (1792-1750 BC), the ancient-wheel ruler of the largest The dwellies of Hammurapi laws were found in 1901-1902. The French archaeological expedition during excavations in the sowes (the capital of ancient elama). On a black basalt post, apparently captured by Elamina as a trophy, an image of Hammurapi, standing in a prayer posture in front of the god of the Sun Babylonian - Shamash, who presents him the laws and legislative status in the Akkadian language ..
The laws of the king Hammurapi (1792-1750 BC) represent the most significant legal document of the ancient Mesopotamia. It was discovered by French archaeologists in 1901 during the excavations of the Elam City of the Suids.
The black basalt pillar, on which the laws are carved, has retained the image of Hammurapi himself. Curly beard, heavy eyelids, thick eyebrows, under them a deep shadow. The face is tired ... In a prayer posture of Hammurapi, Shamash is hands - the God of the Sun and Justice. The legist reflects the centuries-old result of legal thought and practice, it is noticeable about the influence of the ancient laws of Sumer and Akkad. It consists of three parts: administration, list of articles and imprisonment. Following tradition, Hammurapi proclaims himself a champion of justice, truth, mercy. In that era, these terms probably denoted the legality and law enforcement.
This judiciary wore a casual character, as the source representing the various precedents of Jacobson V.A. The emergence of writing law in ancient Mesopotamia // Bulletin of ancient history, 1981, №4.
A significant part of the legal norms of Hammurapi Finished was devoted to the regulation of public relations related to the Tsarsky-Templeholder.
Hammurapi laws are built on the basis of the preamble and the presentation of the current legal provisions - other laws are also constructed. The main goal of lush prvods, which stals about the justice, the great merits of the ruler was to justify the please, the obligation of royal orders and thereby the legality of the most royal power.
For sources of the right of Mesopotamia, including the Hammurapi (SK) legislative legal technician, the casuity of the norms of law, their formalism, symbolic nature. They cannot find a clear concept of a crime that can not always be separated from a private offense nor an abstractly formulated norm relating to murder, theft, etc.
Symbolized was the responsibility for a number of crimes, for example, slicing the breast from the cormal, who replaced the child (SK, 194) the laws of the Babylonian king Hammurapi / Krestomatia on the history of the ancient world. Ch. I, M., 1980 .. A formal and symbolic character also had an oath.
There is no sources of law and a substantiated system of presentation: the norms of criminal law alternate with the norms of procedural, regulatory property relations, etc. However, the internal logic of the presentation of the legal material is present here. In the SK, for example, the rules of law are grouped by subjects of legal regulation, and the transition from one group to another is carried out by associations.
Topic 1. Economy and public relations in ancient Babylon according to the laws of Hammurapi Plan:
Characteristics of the main source.
Combining doubles under the rule of Babylon.
Economy of Babylon: a) agriculture; b) craft;
c) trade and usury.
4. Public system of Babylon:
a) land relations;
b) community and its role in the ancient non-vocational society;
c) class estate and interlayer;
e) family relationships.
Sources and literature:
Workshop on the history of the ancient world / Ed. N. S. Svencitsky. M., 1981. Issue.1. P. 8-14.
Reader on the history of the Ancient East. / Ed. M.A. Korostovseva. M., 1980. Part 1. P. 151-185.
Dyakonov I.M. Problems of the economy. On the structure of the society of the Middle East to Ser. II thousand BC. // VDI, 1968, №№ 5, 4.
The laws of Babylonia, Assyria, the Hittte kingdom. / Under. ed. I. M. Dyakonova // Bulletin of Ancient History, 1952, No. 3. P. 199-303.
History of the Ancient East. The birth of ancient class societies and the first foci of a slave-owner civilization. Part 1. Mesopotamia. M, 1983. P. 361-391.
History of the Ancient East. Materials in historiography. / Sost A. A. Vigasin et al. M., 1991. Section P. Social structure of Starovalon Society.
Klengel Brandt E. Ancient Babylon. Smolensk, 2001.
Lambert-Karlovski K., Sabers J. Ancient civilization. Middle East and Mesoamerica. M, 1990.
Lloyd S. Archeology Mesopotamia. M., 1984.
Nikolsky N. M. Culture of Ancient Babylonia. Mn., 1959.
Reder D. G. to the question of the legal position of slaves under the laws of Hammurapi // Ancient East. Sat Articles in honor of Acad. M. A. Korostovtseva. M., 1975.
Jacobson V. A. The emergence of writing law in ancient Mesopotamia // Bulletin of ancient history. 1981. No. 4.
Jacobson V. A. Regulation of international trade according to the laws of Hammurapi // Ancient East and World Culture. M., 1985.
Jacobson V. A. The emergence of writing law in ancient Mesopotamia. // VDI, 1981, № 4.
Jacobson V. A. The legal and property status of the warrior-hand of time 1 of the Babylonian dynasty. // VDI, 1963, № 2.
Jacobson V. A. Regulation of international trade according to the laws of Hammurapi. // Ancient East and World Culture. M., 1985.
Characterizing the most important source on the history of Starovalon society and the state in XVIII in. BC. - Hammurapi laws should understand the goal of creating a code, its essence, to understand the features of the religious and political phraseology of the introduction and conclusion of the Faith. Then it is necessary to analyze the prerequisites and the causes of the elevation of Babylon, to highlight the course of the struggle of Hammurapi for hegemony in two-range and its activities as the head of state. Getting acquainted with the economy to draw attention to the development of agriculture and its main industries, handicraft production, usury, to identify the forms of trade, its nature and the role in the economic life of the ancient Valvevilian society.
It is equally important to understand the specifics of agricultural relations, forms of land ownership and land use, their relationship; Find out the type of community, its functions, the rights and obligations of members of the community, the causes of the sustainability of the community organization, the relation to the state. Using the current division of the population, it is necessary to get acquainted with the most common points of view on the problem of origin of the Avevelum and Muskeneum, their social and property position, classes, etc. Characterizing slavery should determine the sources and categories of slaves, the scope of their work, the situation, conclude The level of development of slave relations in the Starovalon kingdom. When studying family relations to pay attention to the form of family, property rights of her chapter, the status of ordinary members, the rights of inheritance, etc.
Course work on the topic:
Hammurapi laws as a historical source
Introduction
The study of ancient trials, one of which is the Fate Hammurapi, today, it seems to me, did not lose its relevance. The lawsuit these are the most first laws, and their compilers - the first people attempted to establish some social norms of behavior to manage people, because the only power of the separating state from chaos is the law. Although these laws on our today's standards may seem primitive, but sometimes you can learn something valuable that it would be nice and take us today. Laws may also indicate the level of state development. The more advanced state is the more perfect and the laws. Studying the Babylonian Code can be concluded that Babylon has already been on enough high level Development and has complicated social relations. Finally, it is also possible to learn about the nravas, about the customs of some state of that time. In the Babylonian case, for example, it is so to speak "bureaucracy", that is, any transactions, even the most minor, always concluded with witnesses. If you look good, you can also give a lot of examples, and not only from the Babylonian Code, because the worldview of the state, i.e., people of its constituents are always fixed in customs, and those in turn may affect the preparation of laws. Of all this shows that the study of the ancient lawnies is worthwhile.
The laws of Hammurapi (1792 - 1750 BC) - the sixth king of the first Babylonian dynasty were found by the French expedition in 1901 in the sowes (the capital of Elama). Now stored in the Louvro Museum in Paris.
Hammurapi laws are carved on a black basalt post, which as a trophy was taken away by Elamines from Babylonia in the XII century. BC e. The Code of Hammurapi laws contains 282 articles, but 247 articles were preserved on the post, 35 articles were dismantled, obviously, by order of the Elam king. Subsequently, the missing articles were restored on the basis of duplicate fragments found in the scenes, in the library of the Assyrian Tsar Ashurbanpala (669 - about 630 BC) in Nineveh.
Clinox text consists of three parts: administration, laws and conclusions. In the first and last part of Hammurapi characterizes itself and its board, as well as indicates the purpose of drawing up laws: so that the strong will not be angry with weak, etc. At the top of the front side of the pillar, Hammurapi is depicted in a prayer posture in front of the Sun. Sun and Justice Justice, handing him the laws.
The text of the law begins with a solemn entry, the style of which resembles the cult epic poems:
"When the sorry of Anum, the king of Anunnakov, and Ellill, the Lord of Heaven and the Earth, establishing the destinies of the country, were awarded the Marduk, the original son of Eya, the primacy over all people, alleged him among Igigs, called Babylon with his glorious name, elevated him over four countries of light and Installed in it the everlasting kingdom, whose foundations are strong, like heavens and earth, then me, Hammurapi, the ruler of the caring and God-fearing, so that justice in the country was established in order to destroy the lawless and evil, so that he had no stronger, so as shamash, Over the Blackheads, I left the country illuminated, Anum and Ellill, so that the flesh of people was accustomed, called named. "
Thus, the religious-legal basis of the Power of the King and the purpose of the publication of laws is proclaimed. Then Hammurapi lists his pious acts, which he committed as a representative of each community of his state, separately before the God of this community, and thus approves the legality of his power over each of them. In other words, he considers his kingdom as a kind of personal Ulya between all the "new" communities - from Hurray and the Eredra at the Persian Gulf to Ashur and Ninevenes on average tiger. At the same time, Novo and it is important that the "Eternity" of the royal power in Babylon is emphasized. HARRAKTERNO that, by liding all these communities, he first mentions Nippur and Ereda - the oldest cult centers of two-frequencies, and then Babylon, the God of which Marduk was identified with the God of Asallahi, the son of Enki, the main deity of the city of Eredu. The long, extremely magnificent titulature of Hammurapi is also given here: "The drive of wealth and abundance, the seed of royality, the king of prudence, the Senage of the country, an ardent Taurus, who groaning the enemy, the teller of the enemies, the shepherd of people", etc. Finally, the word "from now on," the text of the law begins.
The laws of Hammurapi are the result of careful generalization and systematization of multiple writing and unwritten legal norms. They do not contain an exhaustive arch of such norms (there are no, for example, the norms establishing a punishment for the simple theft, for intentional murder, for the sorceress, etc.), but such a task was not apparently not put. This kind of simplest cases were assumed to be well-known and non-disagreement. The laws of Hammurapi consider only those cases regarding which the current norms of written or the usual law of various regions of the country diverged. However, the norms regulating the "simplest" cases, the text of the laws are meant as existing: it is not difficult to indicate, based on the internal logic of building a collection of laws, places in the text where they can be inserted.
Hammurapi laws contain several hundred legal norms related, if we use modern terminology, both criminal and civil (as well as to procedural). Babylonian lawyers themselves did not hold such a difference, and not a single ancient system of law knows. Each rate is entered by the word "if" follows the presentation possible situation and legal consequences arising from her. When publishing the text of laws with modern scientists, he was divided into "paragraphs", or "articles", equipped with numbering (the text of such numbering, naturally, does not have, since it was probably learned by heart). Total paragraphs - 282.
The norms within the chammurapi laws are grouped by the "subject" of regulation, and the location of the norms within groups and transitions from the group to the group is carried out according to the principle of the association. Thus, the first group of norms (clause 1 - 5) establishes a kara for the most important offenses: false accusations of murdering or sorcery, perjury and "change" of the judicial decision of the judge. The following articles (clause 6 - 25) are devoted to the protection of the ownership of the king, temples, communities and royal people. The last paragraph of this section concerns the unlawful coverage of other people's property. Therefore, the next section (clause 26 - 41), concerning the property received from the king for the service, begins with the paragraph according to which a warrior who did not go to the campaign or who sent member instead of himself, is subject to the death penalty (not for "desertion", as usual believes And for the fact that, without fulfilling his duties and thereby losing the right to the service station, continues to use it, i.e., as if for "theft"). The last paragraph of this section concerns the question of the unlawful use of someone else's field, and paragraph 42 (the first in the next group) is also about the use of someone else's field, but in another aspect. This fourth group of standards (p.42 - 88) regulates real estate operations and responsibility for offenses concerning this property.
Further sections are devoted to the following standards:
p.89 - 126 - Trade and commercial operations.
p.127 - 195 - Family Law.
p.196 - 214 - intentional and unintentional injuries.
p.215 - 282 - Operations with movement property, including property and personal hiring (these two types of legal relations Babylonian lawyers were considered as one).
The task of this work was to show this judiciary not just as a legal document, but also as a historical source capable of recreating the overall picture of Babylon's time Hammurapi and show some customs and morals of this country. The most convenient to consider this problem on blocks. The main such blocks are two - economic, in which it is described about the economic structure of Babylon of that time: agriculture, cattle breeding, gardening, trade, etc. and social, in which it is described about social relations between residents, family law and legal proceedings. Based on the above, each unit was divided into the appropriate sections that reveal a certain part of the problem. For better clarification throughout the work there will be references to certain articles of the Code, and the corresponding articles will follow them. However, there will be references without bringing relevant articles. This is done because the links themselves are very numerous and bring all the corresponding articles, without confrontation from the meaning of the narrative, it is very difficult. Therefore, a brief retelling of this article will be given, and only the most at the moment the necessary and most interesting to consider the article will be directly quoted. Of course, when writing this work, other sources were used, but the main emphasis was applied to the Fate Hummurapi itself, as the most objective of them.
Chapter 1 Economy of Babylonia according to the laws of Hammurapi
Agriculture
Mesopotamia (and translated into our language - interfluve), located between two large rivers - a tiger and Euphrates, which were the main major source of moisture. The water of these mountain rivers carried Il, which contained plant residues and dissolved salts of mining minerals, and during the flood remained in the fields, fertilizing them. Earth Mesopotamia was distinguished by exceptional fertility, which is unanimously told Herodotus and other ancient authors. However, in order for in the valley of interferes, agriculture can be engaged, there was a whole range of special reclamation work carried out round year. It should be noted that in Mesopotamia there was an extremely hot climate. The temperature stood under 30 degrees Celsius, sometimes reached up to the plus 50. It does not happen to rain for a long time, it's worth 8 months a year, so it led to the end of the summer tiger and the Euphrates dried significantly. It was saved only that twice a year the tiger and the Euphrates were poured. Early themselves were spills, beginning at the time of autumn rainstones in the mountains of the Iranian and Armenian Highlands. But the biggest spill was Spring, April. And he was connected with melting of snow in the mountains. He began on April (and I must say that, unlike Egypt, the spills did not always fall out for the same number, so it created some additional difficulties for farmers), when both rivers were widely poured, and lasted before the start or middle July, after which there was a general decline.