A History of Ancient Near Eastern Law

(Romina) #1

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the latter two, the animals in question are sacrificial animals with
whom the act is an abomination and is punishable with death. The
king has the power to pardon, but the culprit may still not approach
him thereafter. According to HL 200a he may not become a priest.

8.3 Delicts


The following are wrongs that lead to payment of compensation or
a penalty.

8.3.1 Injury


8.3.1.1 The central provision is HL 10, which lays down the
general rule: “If anyone injures a person and makes him ill...” The
circumstances leading to the injury are not given, the injury not
being permanent and being successfully treated. More specific pro-
visions are arranged around HL 10 in what resembles a chiastic
structure:^98 eye or tooth (7–8), head (9), person (10), arm or leg
(11–12), nose, and ear (13–14; 15–16).

8.3.1.2 The individual provisions are as follows: blinding and knock-
ing out of teeth, injury to the head, injury to a person in general,
breaking a hand or leg, biting offthe nose, and tearing offan ear.
The victims are free or semi-free; the penalties are somewhat lower
for the latter. In addition, there is causing a miscarriage, again with
the severity of the penalty depending on whether the woman is free
or semi-free (HL 17, 18).^99 The age of the fetus is also a factor in
the assessment—whether the woman is in the fifth or tenth month
of pregnancy (i.e., reckoning by lunar months).

8.3.2 Property
The interests in property that are affected under these laws relate
in some degree to ownership in the broader sense of control (see
6.1 above).

(^98) Similarly Otto, “Körperverletzungen.. .,” 399, who sees HL 9 as a general
rule also. It would be curious, however, to find two leges specialesjuxtaposed.
(^99) Haase, “De fetu abito...”
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