A History of Ancient Near Eastern Law

(Romina) #1
2.3.1.2 “The palace” was sometimes referred to as the ruling author-
ity, especially in fiscal matters. It was also referred to as an owner
of land and other property. It would be anachronistic to think of it
in terms of modern abstract conceptions in which members of the
government are mere agents of the state. The palace did, however,
function as the king’s administrative persona (cf. “The White House”
for the U.S. president), and thus to some extent constituted a juridi-
cal entity independent of the person of the king.

2.3.1.3 The duties of royal officials (central and provincial) are set
out, often in great detail, in various types of royal legislation, such
as the Edict of Irikagina, the Edict of Telipinu, the Hittite Instructions,
the Edict of Horemheb, and the Assyrian Harem Decrees. Their
constitutional importance is that the king, in delineating the duties
of his officials, places transparent legal limits on their powers. Thus
the actions of officials are made subject to the rule of law. In some
cases, the legislation imposes sanctions for abuse of power.

2.3.2 Provincial
The larger polities were divided into provinces administered by gov-
ernors and sometimes further into districts with their own adminis-
trator. The governors and lesser officials were normally appointed
by the king, acted as his representatives in the province, and reported
to him. Some provincial officials were peripatetic and could work in
conjunction with the local authorities, but unequivocally as their
superiors.

2.3.3 Local^23
Local authority consisted of the mayor and a council or assembly
of leading free citizens, sometimes referred to as elders. These were
customary bodies whose members appear to have been drawn from
the local population rather than appointed from above. They acted
as a collectivity, with the mayor as primus inter pares, that is, head
of the council but not independent of it.

2.3.3.1 If any body attained the status of a juridical entity in the
ancient Near East, it was the city, town, or village, by which was

(^23) Van de Mieroop, “Government...”
28 
WESTBROOK_F2_1-90 8/27/03 1:39 PM Page 28

Free download pdf