A History of Ancient Near Eastern Law

(Romina) #1

530 


punishment (not her guilt). The existence of priestly jurisdiction in
A““ur has been asserted on the basis of this source.^45 In fact, pro-
ceedings that take place “before the gods” (e.g., MAL A 25) attest
to the specialized role of the priesthood in the administration of
supra-rational methods of proof (oath, ordeal, divination). The ver-
dict nonetheless fell to the secular judges to pronounce, the priests
being responsible only for performing and interpreting the rituals.

3.5 After the trial, the successful litigant received a tablet of judg-
ment with which he could assert his rights and repel any new action
brought against him on the same issue (e.g., VAT 20328).


  1. P S


4.1 Persons are classified either by opposing pairs (native (umzar¢u)^46 /
foreigner; free/slave; man/woman) or by economic function. As in
earlier periods, the common designation of citizen is “son (màr) of
X.”^47 The administrative texts mention groups of foreigners in vary-
ing numbers, listed as “deportees” (Sum. erin 2 = Akk. ßàbu); it is not
clear whether these are prisoners of war or civilians captured dur-
ing military operations. They are assigned to work on building pro-
jects, on the great agricultural estates, or as artisans.^48 Foreigners, in
particular Hurrians and Cassites, sometimes occupy senior positions
in the administration.

4.2 Class


4.2.1 Assyrian society was regarded for a long time as having three
classes: free (a"ìlu), slaves (ardu), and an intermediate category of semi-

(^45) Driver and Miles, Assyrian Laws.. ., 19 and 336; Cardascia, Lois.. ., 95; Walther,
Gerichtswesen, 180ff.
(^46) Deller, “Assyrisch um/nzar¢u...”
(^47) Cf. e.g. AO 20.154 edited and discussed by Aynard and Durand, “Docu-
ments.. .,” 19–20, where the status given to three villagers continues into the sec-
ond generation.
(^48) Garelli, Charpin, and Durand, “Rôle.. .,” 69. Cf. also the studies of Freydank,
“Rolle.. .,” “Lage.. .,” “Anmerkungen... 2,” 234 (where he disputes the transla-
tion “manoeuvre” proposed by Garelli, Charpin, and Durand, “Rôle.. .,” 71, for
the igi-nu-du 8 and suggests instead “with poor eyesight”), and “Anmerkungen...
3,” 220–21.
WESTBROOK_f13–521-563 8/27/03 12:27 PM Page 530

Free download pdf