A History of Ancient Near Eastern Law

(Romina) #1

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8.4 Punishment and Redress


8.4.1 Hittite law applied collective punishment in certain circum-
stances. Thus, if a person rejects a judgment of the royal court of
justice, his “house” (his whole family) is destroyed (HL 173).^105 The
Constitution of Telipinu imposes the death penalty on the whole
family of a sorcerer whom they have not denounced to the author-
ities (sec. 50).

8.4.2 Death Penalty


8.4.2.1 Apart from the cases listed in 2.4.1 above, the death penalty
applies when the personal purity of the king has been compromised.
Thus royal shoemakers may use only ox-hide from the royal kitchen,
and leather-workers and coach-makers only ox-hide or goatskin from
the same source. Anyone who disobeys is executed together with his
wife and children. The death penalty applies also to a water carrier
who does not filter water intended for the king through a sieve, so
as to keep it free of hair.^106

8.4.2.2 Outside of HL, the following forms of execution are found:
beheading, hanging, and slitting of the throat. Torture leading to
death is also known. It is noteworthy that these punishments are
always connected with infringement of royal regulations or offenses
against the person of the king.

8.4.3 Mutilation is rare in HL. A semi-free person convicted of
theft has his nose and ears cut off(95), as does the arsonist (99). A
slave (ÌR) who rebels against his master goes down “into the clay
jar” (173). The meaning of this punishment is unclear, but the con-
text suggests that it is a form of execution. Castration is found out-
side of HL.

8.4.4 Fines
One third of the provisions in HL impose payments that exceed
mere indemnification of the loss suffered but are nonetheless not
criminal punishment. These are fines, which at times may be extremely

(^105) Haase, “Überlegungen zu §173.. .,” 221–23.
(^106) Friedrich, “Reinheitsvorschriften.. .,” 56f.
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