A History of Ancient Near Eastern Law

(Romina) #1
ered the pharaoh essentially human or divine; the office displays both
aspects.^47 In any case, the image of the pharaoh effectively over-
whelms and permeates our evidence—almost all of the extant sources
relate in some way to the king.^48 The pharaoh is closely associated
with maat, the Egyptian concept of right order and justice, personified
as a goddess.^49 A remote figure, no Old Kingdom texts recount the
active participation of the king in court cases.^50 The exemption decrees
provide the best insight into the mechanics of the enforcement of
royal will.^51 A mortuary priest litigating against a fellow member of
a mortuary endowment (Sixth Dynasty) may be accused in the name
of the king, that is, under the authority of the royal courts.^52

2.1.1 The mortuary endowments forming the subject of most Old
Kingdom legalistic texts appear to have been ultimately royal gifts
to the officials named.^53 In Urk. 1, 12, l. 17, for example, the mor-
tuary endowment (fields, servants, and other property) is clearly
described as having been given to the man by the king.^54

2.1.2 The Legislature
If orders issued by a king are considered a form of legislation, then
Old Kingdom royal decrees may be described as such.^55

(^47) O’Conner and Silverman, eds., Ancient Egyptian Kingship. See also Menu,
“régicide...”
(^48) Indeed, some explain the absence of a comprehensive legal code by the unique
nature and position of the pharaoh, e.g., Wilson, Culture.. ., 49. A person gener-
ally attributes his office to the king, not to a lesser official, e.g., Urk. 1, 99, 3: “His
[majesty appointed] me as warden of Nekhen.”
(^49) See Teeter, Presentation of Maat(New Kingdom); Lorton, “King.. .,” 58 and
“Towards...,” 464; Otto, Prolegomena...”
(^50) Hornung, “Pharaoh.. .,” 311–12; contra, Boochs, Strafrechtliche Aspekte.. ., 32.
See also Lorton, “Treatment.. .,” 10; Otto, “Prolegomena.. .,” 156; Goedicke,
“Origins.. .” Müller-Wöllermann, “Alte Reich.. .,” 37, doubts annual visits of the
king throughout the land (the so-called “ms-Ór) in the later Old Kingdom; see fn. 2.
(^51) See Blumenthal, “Befehl.. .,” 76.
(^52) The relevant text is much restored; see Lorton, “Treatment.. .,” 7.
(^53) See, e.g., Weeks, “Care...”
(^54) rdfi.t.n n(=y) nswt rfim3¢, “which the king gave to (me) to be honored/endowed(?).”
On the “property (goods-fi“t) of a sr(i.e., an official)” being a tomb, see Théodoridès,
“Les Égyptiens.. .,” 69 (= Maat, 89).
(^55) Johnson, “Legal Status.. .,” 176: “In ancient Egypt all law was given from
above; there was no ‘legislature’ or any concept of ‘legislation.’” However, see also
Pirenne, “La Population...”
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