of an adulterer (MAL A 15). Note stinging by bees for stealing a
hive (HL 92) and the strikingly visual consequences for a prostitute
who dared to veil herself in public—hot pitch poured on her head
(MAL A 40).8.5.3 There were many methods of execution, but hanging was not
used, except to expose the corpse. Prison sentences were unknown,
but fixed periods of forced labor could be imposed.^54
Humiliation was a valid form of punishment, for example, adul-
terers might be stripped naked and led around town by a nose-rope.
Flogging is often associated with offenses that call for shaming the
culprit.8.6 Classification
Modern law divides unlawful wrongs into two categories: crimes and
civil wrongs (torts). Crimes are considered wrongs against society as
a whole; it is the public authority that pursues the offender through
litigation and the principal aim is to punish. Torts are considered
wrongs against an individual, on whose initiative litigation depends,
and the principal aim is to compensate. The same act may be a
crime and a tort.
The modern classification is unhelpful for the ancient law, which
had a different theoretical basis, albeit never expressed in the native
sources. From the pattern of treatment and remedies, we can dis-
tinguish three main categories: wrongs against a hierarchical supe-
rior; serious wrongs against the person, honor, or property of an
individual; and minor harm to an individual’s person or property.8.6.1 Hierarchical Superior
Acts that harm, disobey or displease a superior carry a very high
level of moral culpability. The appropriate response is disciplinary,
at the superior’s discretion. They may be further divided into an
upper level, where the cosmic order is compromised, and a lower
level, where the social order is compromised. Offenses comprising
the cosmic order are the following:(^54) Prison was used as an interim measure to hold persons until their punishment
was decided or until they paid a penalty or debt owing.
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