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Ancient Legal Thought: Equality, Justice, and Humaneness from Hammurabi and the Pharaohs to Justinian and the Talmud

Larry May

ISBN13: 9781108484107

Published: July 2019

Publisher: Cambridge University Press

Country of Publication: UK

Format: Hardback

Price: £128.00

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9781108637466

£128.00

This is a study of what constituted legality and the role of law in ancient societies. Investigating and comparing legal codes and legal thinking of the ancient societies of Mesopotamia, Egypt, Greece, India, the Roman Republic, the Roman Empire and of the ancient Rabbis, this volume examines how people used law to create stable societies.

Starting with Hammurabi's Code, this volume also analyzes the law of the pharaohs and the codes of the ancient rabbis and of the Roman Emperor Justinian. Focusing on the key concepts of justice equity and humaneness, the status of women and slaves, and the idea of criminality and of war and peace; no other book attempts to examine such diverse legal systems and legal thinking from the ancient world.

Subjects:: Jurisprudence

Contents:: Part I. Mesopotamia and Egypt: Section 1. Ancient Procedural Law:; 1. Ancient legal reasoning; 2. Judging, trials, and assemblies; 3. Oaths, ordeals, and truth; Section 2. Freedom, Equality, and Legal Status:; 4. Debt forgiveness and equity; 5. Freedom and slavery; 6. Class, legal status, and equality; 7. Women's separate sphere; Section 3. Crime and Punishment:; 8. Complicity and conspiracy; 9. Crime and Lex Talionis; 10. Capital punishment; Section 4. International Justice:; 11. Ancient treaties and trust; 12. Aggressive war and necessity; Part II. Greece and China: Section 5. Law, Justice and Equity:; 13. Custom and law in Ancient Greece and China; 14. Justice and equity; 15. Trial, juries, and democratic assemblies; Section 6. Legal Status:; 16. Citizens and aliens; 17. Women; 18. Slavery and democracy; Section 7. Responsibility and Punishment:; 19. Causation and responsibility; 20. Homicide and pollution; 21. Justification, excuse, and mitigation; 22. Hubris and impiety; Section 8. War and Amnesty:; 23. Amnesty, sanctuary, and exile; 24. Justified war and the law of nations; Part III. India and the Roman Republic: Section 9. Law, Justice and Equity:; 25. Law and its sources in Ancient Roman and Indian law; 26. Legal procedures and trials; 27. Equity and justice; Section 10. Legal Status and Social Class:; 28. Legal status of women; 29. Social class and slavery; Section 11. Responsibility and Punishment:; 30. Political and moral crimes; 31. Punishment, cruelty, and humaneness; 32. Crimes concerning legal and political abuse; Section 12. War and Treaties:; 33. Treaties, hostages, and keeping faith; 34. The rules of war and the law of peoples; Part IV. Rabbinic Law and the Roman Empire: Section 13. Justice, Equity, and Conflict of Laws:; 35. Law, morality, and religion; 36. Dual legal regimes; 37. The law and ancient legal scholars; Section 14. Differential Status:; 38. Women in Jewish and Roman thought; 39. Slaves in Jewish and Roman legal thought; Section 15. Responsibility:; 40. Intention and causation in criminal law; 41. Injury and murder; 42. Public punishment, penal prisons, and police; Section 16. Universal Law at the End of Ancient Times:; 43. Universal law and human rights; 44. The origins of the just war doctrine; 45. Final thoughts on equity, justice, and humaneness.