A History of Ancient Near Eastern Law

(Romina) #1
Exod. 22:3), and the burglar killed while breaking in at night (LE
12–13; Exod. 22:2–3).

8.6.3 Minor Harm
In the category of minor harm fall offenses that carry a low level
of moral culpability. The mental element is negligence or, at most,
lack of foresight; the loss caused is mostly pecuniary. The penalties
are also pecuniary, their primary purpose being to compensate. Failure
to pay could lead to debt-slavery, however. This category is close to
the modern notion of civil wrongs (torts).

8.6.3.1 Personal injury is treated in a scholarly problem that posits
a case of non-permanent injury incurred in a brawl. The culprit
must pay the victim’s medical expenses and compensation for his
period of invalidity (LH 206; HL 10; Exod. 21:18–19).

8.6.3.2 Negligent damage to property, such as flooding a neigh-
bor’s field (LH 55–56) or allowing fire or grazing animals to encroach
upon it (HL 106–7; Exod. 22:4–5) results in various compensation
formulas, according to the economic loss.

8.6.3.3 Crimes such as homicide, wounding, or rape, when the vic-
tim is another’s slave, are treated as damage to property. The cul-
prit must pay the owner compensation, usually based on the value
of the slave.

8.6.3.4 A special case is the seduction of an unbetrothed maiden.^67
The seducer must marry her and/or pay her father for the loss of
her potential bride-price (MAL A 56; Exod. 22:15–16).


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International law has a venerable history: references to treaties and to
the sanctity of international borders are already found in the twenty-
sixth century. The following two millennia have so far produced
copies of more than forty treaties, with references to many more.

(^67) Lafont, Femme.. ., 93–132.
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