Week 1

Introduction to Law Before Greece and Rome

• The class focuses on the period before classical Greece and Rome, challenging the notion that history begins with the Greeks.

• The time frame studied is specifically before 500 BCE (Before Common Era).

Historical Context

• The universe is approximately 14 billion years old, and Earth is around 4.5 billion years old.

• Modern humans emerged about 300,000 years ago; cave art from 200,000 years ago indicates early human expression.

• As humanity transitioned to urban environments around 9,000 BCE, societies began to organize and specialize in various roles (e.g., military, farming, leadership).

The Significance of Written Law

• The written word distinguishes formal law from mere lore, allowing for the establishment of various legal codes.

• Early forms of documentation included payment records and poetry, such as the Epic of Gilgamesh, emphasizing themes of life and morality.

Geographical Focus of Early Civilizations

• The Middle East is identified as a critical area of early legal development, with overlapping civilizations (e.g., Israel, Babylonia, Assyria).

• Egyptians are noted as pioneers in structured legal thought, with the goddess Ma'at symbolizing justice, balance, and truth.

Egyptian Law

• Egyptian law was marked by divine justice (tied to the gods) and secular justice (pertaining to humans).

• Known for significant achievements (pyramids, etc.), specific laws remain unknown due to lost documentation.

• Society had no structured prison system; penalties frequently included corporal punishment or death.

Development of Legal Codes

General Characteristics

• Law evolved from early societies through learning from neighboring cultures, creating overlapping traditions.

• Core principles across cultures included:

  • Protection of the weak.

  • Need for safety and security.

  • Desire for economic prosperity.

  • Family law regulations.

  • Dispute resolution mechanisms.

Significant Legal Codes

1. Code of Ur-Nammu (circa 2100 BCE)

   • Emphasized order and established penalties for various crimes, particularly focusing on family law and civil order.

2. Hammurabi’s Code (circa 1750 BCE)

   • Noted for its size and public availability, it introduced the principle of "an eye for an eye" for law enforcement, emphasizing proportional responses to offenses.

   • Established protections for women, property rights, and significant penalties for theft and violence.

   • Introduced trial by ordeal as a method of determining guilt or innocence.

   • Served as a text for judges, establishing a precedent for legal documentation and an impartial legal process.

Connection to Religion

• Law and religion were deeply intertwined; many laws were seen as divine decrees.

• The use of religious texts in courts, such as swearing oaths, reflects cultural legacies.

• Blasphemy laws show how these ancient understandings persist today, including legal penalties for offenses against the divine.

Emergence of Individual Responsibility

• Later codes began to differentiate between collective and individual responsibility, such as in the Old Testament, which rejected collective punishment principles.

• The theme of social justice recurs, emphasizing the protection of vulnerable groups (e.g., orphans, widows).

The Cyrus Cylinder

• Considered an early document advocating human rights, stating religious freedom and compassion for oppressed citizens.

• It represents a significant evolution in governance and legal philosophy towards personal rights and justice.

Conclusion

• The foundations of law represent ongoing societal challenges and solutions throughout history.

• These early codes and philosophies set the groundwork for later Greek and Roman legal teachings, highlighting a continuous evolution of legal thought.

Discussion Points

• Students are encouraged to consider how the evolution of law reflects societal values and challenges.

• Open floor for questions and further clarification on upcoming assessments and readings.