A History of Ancient Near Eastern Law

(Romina) #1
The “riverbank” in Deir el-Medina is perhaps where interrogations
are conducted,^188 while in the trials of the tomb robbers, the exam-
inations are carried out in “the treasury of the house of Montu.”^189

2.4.9 According to the Duties of the Vizier, the names of guilty
officials, together with their crimes, were entered on “criminal reg-
isters” kept in the “Great Prison.”^190 P. Leopold mentions the “'r, a
prison or jail in the Temple of Amun.^191


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3.1 Parties


Occasionally, as in the Duties of the Vizier, there is an awareness
of the relative status or position of parties in a legal conflict.^192 Some
lower status people did indeed bring suits against higher status peo-
ple,^193 but as McDowell observes, this was a relatively rare phe-
nomenon.^194 Penalties do not seem to be differentiated on the basis
of status.^195 Women appear in legal proceedings, with no discernible
disadvantage. Scholars have suggested that the poorer classes, dis-
enchanted with the secular courts, turned to the oracles, which
become popular in the later New Kingdom. However, this theory
is not necessarily supported by the evidence.^196 Sometimes, “agents”
(rw≈.w) are apparently authorized to represent others in court situa-
tions.^197 There are no cases in which slaves are litigants.

(^188) McDowell, Jurisdiction.. ., 219–23.
(^189) See Capart, “New Light.. .,” 171.
(^190) Van den Boorn, Vizier.. ., 124, 337. This probably descibes Middle Kingdom
and not New Kingdom practice.
(^191) Capart, “New Light.. .,” 183.
(^192) Van den Boorn, Vizier.. ., 278.
(^193) McDowell, Jurisdiction.. ., 116. Cf. Tovari, “Man versus Woman.. .,” 164;
Glanville, “Letters.. .,” 305.
(^194) McDowell, Jurisdiction.. ., 117, 151–54. Cf. also Janssen, “Rules.. .,” col. 296.
(^195) Lorton, “Treatment.. .,” 47.
(^196) McDowell, Jurisdiction, 117.
(^197) Kruchten, “Gestion.. .”; see Vleeming, Papyrus Reinhardt.. ., 58, on rw≈.w.
See also Boochs, “Vertreter.. .,” col. 1020–21, Menu, “L’assistance judiciaire...”
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