A History of Ancient Near Eastern Law

(Romina) #1

646    


der is lost due to a break in the tablet. In the other two cases, it is
six and two minas of silver, respectively.

8.2.1.4.5 HL 6 deals with a case where the perpetrator is not
identified. The place where the body was found (presumably the
scene of the crime) is in “another town.” The landowner must cede
to the victim’s family twenty-five square meters of land. Following
Hoffner, it is reasonable to suppose that this is intended as com-
pensation for the heirs.^89 The later version (HL 4) changes the cir-
cumstances: the place where the body was found is now “another
person’s property” whose owner must pay a fixed sum. If no landowner
is ascertainable, a settlement within thirty kilometers is made respon-
sible, failing which the heirs receive nothing.

8.2.1.4.6 Death that results from blows given in an affray is pun-
ishable with payment of one “head” (HL 174). The low penalty
reflects the contributory responsibility of the victim, who participated
in a fight.^90

8.2.1.5 Miscellaneous Crimes


8.2.1.5.1 HL 43 arises from the practice of fording a river with a
herd by hanging onto the tail of one of the animals. The culprit
pushes the victim offthe tail of his animal, with the result that the
latter is drowned. The victim’s family receives the culprit himself
(presumably as a slave).

8.2.1.5.2 In HL 44a, someone pushes a person into a fire, so that
the latter dies. The culprit must deliver a son.^91

8.2.1.5.3 HL 111 and 170 concern sorcery. Whoever makes a clay
image is deemed to practice sorcery. It is a case for the royal court
of justice and is a capital offense (111). If a semi-free person kills a

(^89) Hoffner, Laws.. ., 172.
(^90) Haase, “Über Noxalhaftung.. .,” 225.
(^91) Another possible interpretation is that it concerns sympathetic magic, whereby
the culprit burns a likeness of the victim in the hope of causing his death. On this
interpretation, a death has actually occurred and is attributed to such a practice
by the parties concerned and the court (see next paragraph).
WESTBROOK_f15–618-656 8/27/03 12:28 PM Page 646

Free download pdf