A History of Ancient Near Eastern Law

(Romina) #1
2.4.3.1 The court was also where private individuals registered or
confirmed transactions and declarations concerning immovables, deeds
of gift or property divisions,^157 and rights of inheritance or family.^158

2.4.4 Because of the seriousness of the case, the Tomb Robbery
suspects were not interrogated in the local qenbetof Deir el-Medina.^159
Not only the vizier but also the high priest of Amun took part. The
Tomb Robbery documents reveal the very close connection between
the local scribes and the central administration.^160 In case of any
irregularities or need, these local scribes could report directly to the
vizier.^161

2.4.5 The precise nature of the court or committee investigating
the Harem Conspiracy is unclear. It may well have been a special
court.^162
Scholars disagree on the enforcement power of such local courts
as those in Deir el-Medina.^163 Allam, for example, thinks that they
had no very great authority and would try first to reach a com-
promise,^164 while Janssen suggests that a real de facto power (on the
basis of custom, hp) over the disputants existed.^165 The local courts
did not indeed seem to have much formal power of compulsion,
although the force of peer pressure on the losers of a court case
should perhaps not be underestimated.^166

(^157) Bierbrier, Tomb-builders.. ., 104.
(^158) Allam, “Egyptian Law Courts.. .,” 111.
(^159) On the composition of the court for the tomb robbery cases, see Peet, Tomb-
Robberies.. ., 18–20. The cases involving tomb robbery, harem conspiracy, and tem-
ple theft are examples of state investigations forming a special class of trial. They
are not conducted in a qenbet court, but rather in a s.t smtr, “a place of interroga-
tion”; see Boochs, “Strafverfahren.. .,” 22.
(^160) See also McDowell, Jurisdiction.. ., 189–200.
(^161) Allam, “Egyptian Law Courts.. .,” 113–14. See McDowell, Jurisdiction.. ., 192.
(^162) See Lurje, Studien.. ., 68–72; Peet, Tomb-Robberies.. ., 25–27; Lorton,
“Treatment.. .,” 29–30; Théodoridès, “Concept of Law.. .,” 313; Weber, “Harim-
verschwörung,” col. 989.
(^163) See Eyre, “Crime.. .,” 102; McDowell, Jurisdiction.. ., 179–82; Théodoridès,
“Grace.. .,” 235.
(^164) Allam, “Legal Aspects.. .,” 142.
(^165) Janssen, “Rules.. .,” col. 295; Eyre, “Crime.. .,” 102–3.
(^166) McDowell, Jurisdiction.. ., 117; Lorton, “Legal and Social Institutions.. .,”
357.
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