A History of Ancient Near Eastern Law

(Romina) #1

826 


to the inheritance of their father and of marriage practice.^36 Aggrieved
parties could seek justice before divine tribunals as well as earthly
ones. In one such “letter to the gods,” the children of an abusive
father seek justice from the gods (see 5.2.1 below). Although such
letters may well be classified as “religious,” they do point out that,
despite the legal system, justice for the vulnerable (peasants, chil-
dren) was neither easily obtained nor always enforced.^37


  1. C AL


2.1 Organs of Government


2.1.1 The King
In the Saite period, Egypt was reformed on a national scale, including
the important imposition of the Demotic script throughout Egypt as
the standard documentary language. The king ruled by divine right,
as the embodiment of the living Horus, and he was required to gov-
ern Egypt with justice (Maat) and to maintain proper religious ritual.
Therefore the ultimate source for justice was the gods and, by exten-
sion, their representative on earth, namely, the king himself. The right
to petition the king directly was maintained throughout Egyptian
history. Failing to rule Egypt by Maatwould bring the wrath of the
gods down on Egypt. The Demotic Chronicle, a text from the Pto-
lemaic period which is viewed by some scholars as a treatise on good
kingship, describes the consequences of good and bad behavior by
the king.^38

2.1.2 Legislature
There was no legislative body in Egypt before the Roman period.
The king issued decrees and decisions that became established prin-
ciples of law (hp), quoted in legal cases. Temples were left to form
and administer their own rules, but in our period the central gov-
ernment monitored priests and temple finances through correspon-
dence or by new officials, not always without tension.^39

(^36) P. Cairo 306–46; Lichtheim, Literature.. ., 127–38; Pestman, “Law of Suc-
cession.. .,” 60.
(^37) Depauw, Companion.. ., 149.
(^38) See Spiegelberg, Demotische Chronik.. .; Johnson, “Historical Source.. .,” and
“Theory of Kingship...”
(^39) The so-called Pherendates correspondence between the satrap and priests of the
Khnum temple at Elephantine are suggestive. See Martin, “The Demotic Texts.. .,”
289–95, with additional bibliography.
westbrook_f23_819-862 8/27/03 1:34 PM Page 826

Free download pdf