A History of Ancient Near Eastern Law

(Romina) #1

   441


Kàrumcourts, just like the City Assembly, could appoint single per-
sons (members?) called “he who solves the case” (pà“ir awàtim: EL
275, 278, and kt a/k 503, unpubl.).^38

2.1.6.3 Judges
Members of the kàrums and of the City Assembly functioned as a
court. They typically “sit” when they take the bench and the causative
stem of this verb, “to make someone sit,” is used for “to start a for-
mal trial.”^39 Most occurrences of the term “judges,” however, are in
depositions, in which usually three or more “judges” report, in the
first person singular, on their activity.


  1. L


3.1 Parties


Litigants usually are Assyrian men but sometimes Anatolians (EL
251 with ICK 1 61) and women.^40 EL 292 records a lawsuit where
one of the parties is “the wife of U.,” whose husband “was present”
(wa“ab) during the proceedings.
In a society of overland traders originating from Assur, partly set-
tled in Anatolia and regularly absent on business journeys, repre-
sentation by close relatives or business partners in judicial matters is
common (EL 238, 243, 265, 301, 332). This was also necessary for
women living in Assur during cases tried in Anatolia. Parties, more-
over, could be represented in court by an “attorney” (ràbißum), hired
in Assur (EL 325–326, 338, 340; Kienast ATHE 23, etc.). Not only
natural persons but also the kàrumorganization as such could be a
party to litigation.^41

(^38) The Statutes (text 2, lines 4'ff.) also use the phrase “to solve a case” to describe
the activity of the kàrumcourt.
(^39) For examples, see CADA/II, 405, b.; see also ll. 57ff. of the Erishum inscrip-
tion (1.6b). See also Veenhof, “Private Summons.. .,” 445ff., type 4.
(^40) See, e.g., Garelli, “Tablettes.. .,” III, 124 no. 6; AKT 3 94; TC 1 3; an
Anatolian woman (presumably the widow of an Assyrian trader) in EL 303.
(^41) Kt n/k 203 is the unpublished record of a sworn deposition presented in court
by people “seized” (as witnesses or arbitrators) by the kàrum.
WESTBROOK_f11–431-483 8/27/03 12:27 PM Page 441

Free download pdf