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Fault, responsibility, and administrative law in late Babylonian legal texts
\"Investigates the governmental administrative systems of the Late Babylonian period, drawing on S. N. Eisenstadt's model of historical bureaucratic empires to show that the governmental systems of this period developed an early form of administrative law\"-- Provided by publisher.
Book
Fault, Responsibility, and Administrative Law in Late Babylonian Legal Texts
This book presents a reassessment of the governmental systems of the Late Babylonian period—specifically those of the Neo-Babylonian and early Persian empires—and provides evidence demonstrating that these are among the first to have developed an early form of administrative law.
The present study revolves around a particular expression that, in its most common form, reads ḫīṭu ša šarri išaddad and can be translated as “he will be guilty (of an offense) against the king.” The authors analyze ninety-six documents, thirty-two of which have not been previously published, discussing each text in detail, including the syntax of this clause and its legal consequences, which involve the delegation of responsibility in an administrative context. Placing these documents in their historical and institutional contexts, and drawing from the theories of Max Weber and S. N. Eisenstadt, the authors aim to show that the administrative bureaucracy underlying these documents was a more complex, systematized, and rational system than has previously been recognized.
Accompanied by extensive indexes, as well as transcriptions and translations of each text analyzed here, this book breaks new ground in the study of ancient legal systems.
eBook
Fault, Responsibility, and Administrative Law in Late Babylonian Legal Texts
This book presents a reassessment of the governmental systems of
the Late Babylonian period-specifically those of the Neo-Babylonian
and early Persian empires-and provides evidence demonstrating that
these are among the first to have developed an early form of
administrative law.
The present study revolves around a particular expression that,
in its most common form, reads ḫīṭu ša šarri išaddad and
can be translated as \"he will be guilty (of an offense) against the
king.\" The authors analyze ninety-six documents, thirty-two of
which have not been previously published, discussing each text in
detail, including the syntax of this clause and its legal
consequences, which involve the delegation of responsibility in an
administrative context. Placing these documents in their historical
and institutional contexts, and drawing from the theories of Max
Weber and S. N. Eisenstadt, the authors aim to show that the
administrative bureaucracy underlying these documents was a more
complex, systematized, and rational system than has previously been
recognized.
Accompanied by extensive indexes, as well as transcriptions and
translations of each text analyzed here, this book breaks new
ground in the study of ancient legal systems.
eBook
The Grammar of the Neo-Babylonian Assertory Oath
Wells et al review grammatical constructions that can function as assertory oaths. Previously, scholars have observed that oaths constructed with a verb in the preterite tense functioned as negative assertory oaths (oaths of denial). They argue that evidence exists to question whether negative assertory oaths made use of verbs only in the preterite form. At least two Neo-Babylonian legal and administrative texts suggest that scribes used the perfect tense on occasion.
Journal Article
Law from the Tigris to the Tiber : the writings of Raymond Westbrook
Raymond Westbrook (1946–2009) was acknowledged by many as the world's foremost expert on the legal systems of the ancient Near East and a leading scholar in the study of biblical and classical law. This collection brings together the 44 most important articles that Westbrook published in the 25 years following the completion of his Ph.D. at Yale University in 1982. The first volume, The Shared Tradition, contains 16 articles that lay out Westbrook's theory of a common legal tradition that spanned the ancient world from Mesopotamia to Israel and even to Greece and Rome. The second volume, Cuneiform and Biblical Sources, provides 28 articles that demonstrate Westbrook's unique method of legal analysis that he applied to the numerous texts he worked with as an Assyriologist and biblical scholar, from law codes to contracts to narratives. Each volume contains its own comprehensive bibliography, as well as subject, author, and text indexes. Together, they represent the life's work of one of the most important legal historians of our era.
eBook
The ḫīṭu-Clause and Its Interpretation
In order to begin our analysis, it is necessary to clarify the import of what we are calling the hīṭu-clause. The documents in which it occurs form the core data set for our study. Many of these texts share other features in addition to the ḫīṭu-clause, and we will investigate these in subsequent chapters. For now, though, our focus will be on the structure and grammar of the clause and how it operates across the documents where we find it. This chapter argues that the ḫīṭu-clause has a specific legal function that it performs in all of the documents under
Book Chapter