A History of Ancient Near Eastern Law

(Romina) #1

366 


community and were independent of the royal administration, although
they were of course subordinate to it and often acted in concert with
provincial officials.

2.1.3.3.1 The city was governed by a mayor (rabiànum) and elders.
The basis of tenure is not clear, but some mayors are attested hold-
ing office for several successive years and there are also cases of a
son succeeding his father.^16 According to LH 23–24, the mayor and
city administration bore responsibility for public safety: they had to
compensate the victims of brigandage (presumably from public funds).
Their administrative duties included sale of ownerless property and
registration of taxpayers.^17 Otherwise, they appear in the records in
their function as a court (see below).

2.1.3.3.2 At the same level as the city but operating independently
was the merchants’ association (kàrum). It collected taxes for the king
and supervised royal granaries, as well as having judicial functions.

2.1.3.3.3 The ward was a smaller unit than the city, representing
a neighborhood. The head of a ward could also be styled rabiànum.
The ward’s best known legal function was to notify owners of poten-
tially dangerous property: a habitually goring ox (LE 54; LH 126),
a vicious dog (LE 56), or a sagging wall (LE 58). It also appears to
have been officially notified of changes in personal status, as with
the betrothal of a girl still living in her father’s house (CT 45 86;
see 5.1.2.2.2 below).

2.1.4 The Courts^18


2.1.4.1 In his capacity as judge, the king constituted the highest
court. Sitting alone, he had jurisdiction both at first instance and on
appeal. According to LE 48, crimes that potentially carried the death
penalty were reserved for the king. This jurisdiction could appar-
ently be delegated to a royal official (AbB 10 19). Adultery in par-
ticular was regarded as a matter for the king’s jurisdiction (LH 129,

(^16) Stol, Studies, 80. Against the idea of an annual term of office, see Charpin,
“Marchands.. .,” 64, n. 86.
(^17) See, e.g., Goetze, “Tavern Keepers...”
(^18) Ishikida, “Dispute Management...”
WESTBROOK_f10–360-430 8/27/03 12:26 PM Page 366

Free download pdf