A History of Ancient Near Eastern Law

(Romina) #1

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could come directly before the City, if an appeal was made in Assur,
or one appealed to it from a colonial court (“Bring my case to the
City and my Lord!” see 2.1.6.1). Cases triggered by the death of a
trader were invariably tried in the City, since they required settle-
ment, with all parties and evidence “assembled” there. Most trials
were started and finished before a kàrumcourt, but at some point,
a “(strong) tablet of the City” (the result of an appeal) might inter-
vene, without necessitating a transfer of the trial to Assur.^48

3.2.2.2 Self-help and “Attorneys”
Parties, at least at the beginning, had to rely on self-help. The plaintiff
applied (ma¢àrum, ka“àdum) to the court and tried to “bring his oppo-
nent before the judges,” “to the kàrum.”^49 According to the Statutes,
the “big” members of the kàrumhad to evaluate a case to decide
whether it warranted the convening of the plenary kàrum. Once the
case had been accepted, the plaintiffcould receive help in two ways.
A verdict of the City Assembly could authorize him, in order to
“win his case,” to hire an “attorney,”^50 who could be empowered to
inspect tablets or to summon and interrogate people, and could rep-
resent him in court. The kàrumcould assist him by ordering a per-
son to appear in court, either by a verdict or simply at the request
of the plaintiff, if he accepted responsibility for the measure (and its
cost).^51

3.2.2.3 Many trials were conducted in stages, marked by provi-
sional verdicts (both in Kanish and in Assur) and separated by sev-
eral months—the time needed for travel to collect evidence.^52

3.3 Evidence


3.3.1 Witnesses
Witnesses (“ìbù; rarely mudèawàtim, “those who know the facts,” or“a
pà"è, lit., “those of the mouth”)^53 were as important in the judicial

(^48) But see EL 325–26 (add OIP 27, 60, as EL 325b).
(^49) ana dajjànè/kàrim radà"um, EL 325:43, 325a:11, CCT 5 7a:19f., 8b:18; BIN 6
69:21f. uses warà"um.
(^50) For the “attorney,” see Larsen, City-State...,175ff., Veenhof, “Miete...,” 182f.,
and 7.4 below.
(^51) See Larsen, City State.. ., 257ff.
(^52) Traveling to Kanish: EL 316, 2 months, ICK 1 86, 6 months.
(^53) “PN, mùdèawàtimis present here... let him inspect the tablets” (I 441), and
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