Type of paper: | Essay |
Categories: | Law Human development |
Pages: | 7 |
Wordcount: | 1736 words |
Introduction
Human civilization is an ongoing social development activity that has been ongoing since man came into existence. However, in the recent past, civilizations, technological innovations, and other developmental oriented goals and objectives have been realized in the shortest time than ever before in history. Why has this been possible? The answer is simple. Law and Order. Today, legal notations are governing almost every aspect of human interaction. As a result, ethical and orderly interactions have been facilitated, resulting in constructive interactions that have facilitated the observed development (Hadi, 2020). The legal system is well structured and has been provided with all the necessary assets to enable justice and social order. With these regulations in place, people can get involved in transactions and other social activities to promote social development and prosperity. Law and order are essential elements of the social construct that facilitate harmonic social coexistence, a requirement for civilization and fair, and just human interactions in any given society.
Ancient communities did not have well developed social governance principles and often relied on principles of ethics and morality to govern interactions. However, the social spectrum is diverse and requires a more complicated legal governance system to ensure that justice is served. As the ancient civilizations continued to grow, they started to realize the necessity of legal codes within which every member of their societies would be obligated to act following for harmonic social interactions (Rosenberg & Weiss, 2012). One such ancient civilization that developed a legal governances code was the old Hittite people who develop the Code of the Nesilim which was a legal code which outlined the various laws that governed interpersonal interactions between the Hittite people and the applicable punishment for the offenders who went against the rules thus facilitating the serving of justice for all members of the society.
The Code of the Nesilim (1650-1500 BCE)
The Code of the Nesilim dated between (1650-1500 BCE) was a legal code used by the ancient Hittite people of Bronze Age Anatolia who created an empire, centered on Hattusa, as well as parts of the northern Levant and Upper Mesopotamia. Although the language is now extinct, archeological evidence based on the data collected from this region has helped us better understand the Hittite people (Stearns, 2007). The Code of the Nesilim contained the laws that reflected the Hittite empire's social structure, morality, and aspect of justice, which addressed the day to day outlawed acts such as theft, assault, murder, divorce, and witchcraft among other social vices. The Code of the Nesilim is predominantly outstanding due to a number of its provisions that addressed social matters, including the humane treatment of slaves. The code was, therefore, not only a legal statute but also a moral law that advocated for better social relations and the prosperity of the Hittite people.
Although the figures who wrote the legal code are unknown, the development of a legal statute of this kind during 1650- 1500 BCE was a necessity in the formation of the basic principles of governance and administrative practices that are used today. Therefore, this prompts one to ask why the Hittite people decided to develop a legal statute of this nature (Hirsch, 2018). What were the common social factors in the community at the time? Why did the people decide that they needed to write down the rules that governed them down? How did these rules change the Hittite social structure and human interactions within their community? By answering these questions, we will understand how such ancient civilizations were able to establish themselves and grow into more prominent influential empires of their time (Domenick, 2006). The Code of the Nesilim shows the essence of law and order in social development and how law and order can impact even the lowest societies to more significant achievements.
Functions of the Code of the Nesilim
The code of the Nesilim, as outlined, was a legal statute that contained the various rules that governed the interpersonal relationships between the Hittite people. The system was founded based on ethical and moral practices as well as justice practices. The code mostly took into account the interactions between the slaves and the Hittite people. This is because slavery was still practiced mainly in the northern regions of the Levant and Upper Mesopotamia. Slave ownership was essential as agricultural labor was required for food production and livestock rearing (Rosenberg & Weiss, 2012). However, conflict was rampant as some slaves who have served the Hittite people for long and come to learn their language felt that they needed to be provided with some form of fair treatment. While the natives felt threatened by the slave uprising, but still identified the necessity for equal and just treatment of the people of the Nesili people.
Therefore, the code outlined the treatment approaches that were to be followed in slave ownership and interactions between the Hittite people and the entire community. The law took into account other social vices such as theft and there as the accorded punishment that needed to be followed (Skousen, 2014). For instance, due to the absence of a law enforcement entity such as the police force, violence was widespread in the social setting. Therefore, the Code of the Nesilim identified the necessity to come up with legal statements and practices that would curb violent behavior. For instance, one statute against violence in the code stated, "If anyone injures a man so that he causes him suffering, he shall take care of him. Yet he shall give him a man in his place, who shall work for him in his house until he recovers (Stearns, 2007). But if he recovers, he shall give him six half-shekels of silver. And to the physician, this one shall also give the fee (Stearns, 2007).” This way, to avoid incurring the attributed fine and punishment, people tried to avoid conflict, which resulted in social law and order.
The code also considers what may be regarded as the new pricing policy where the administration is responsible for setting the respective prices of goods and services (Qin, 2014). Without an efficient measure of value at the moment, such as money, it was challenging to come up with accurate prices of products in the barter trade market system. Due to this, there was extortion and corruptible business transactions that were conducted at the expense of weaker or vulnerable members of society. As a result, business laws were also included in the code of the Nesilim. For instance, one legal system stated, "If a smith makes a copper box, his wages are one hundred pecks of barley (Stearns, 2007). He who makes a copper dish of two-pound weight, his wages are one peck of emmer (Stearns, 2007).” With such clearly outlined business laws, it was possible to enforce law and order. Business merchants had a reference point where they could make references for their prices, thus enabling them to get the associated value for their goods and services.
The code also governed the interpersonal relationships between people, such as family members and married couples. Although divorce was not as common at the moment, family conflict was a common occurrence that threatened familial stability. As a result, the Code of the Nesilim came up with specific statutes aimed at developing amicable interactions within the familial setting. One such rule stated, “If a man sleeps with his brother's wife, while his brother is living, it is a capital crime, he shall die (Sasu-Bolba, 2015). If a man has taken a free woman, then have intercourse also with her daughter, it is a capital crime, he shall die (Sasu-Bolba, 2015). If he has taken her daughter, then have intercourse with her mother or her sister, it is a capital crime, he shall die (Sasu-Bolba, 2015).” With such well-outlined rules and laws, incidents of incest and marital malpractice were alleviated. Therefore, this contributed to the strengthening of the familial and social ties, which helped to social harmony law and order. Conclusion
The ancient Hittite people identified the need for law and order in their society and developed the Code of the Nesilim. The code played a vital role in ensuring that there was the maintenance of law and order in their community for development and harmonic coexistence between the people in these communities. The Code of the Nesilim was written as a publication that was intended for all the members of the Hittite community and served as the legal statute of reference. Enforcers of the law used the code in the delivering of justice to any individual who was found to violate any of the codes that were outlined in the system. The account served the purpose served by the constitution today. Outlining behavioral expectations as well as the penalty attributed to the failure of observing either of the legal obligations, the document helped in the maintenance of law and order in the Hittite empire.
Conclusion
Law and order are essential aspects of the social setting that have ensured that people can interact amongst themselves to promote harmonic social coexistence. As a result, documents such as the constitutions and legal processes such as law amendments continue to be practiced in today’s modern society to ensure fair and just involvement in social interactions. The widespread development in the community today could get attributed to universal law and order that has been facilitated and made possible by legal documents such as the code of the Nesilim.
References
Stearns, S. C. (2007). Are we stalled partway through a major evolutionary transition from individual to group?. Evolution, 61(10), 2275-2280.
Sasu-Bolba, I. (2015). LAW AS AN INTERDISCIPLINARY SCIENCE LAW, JUSTICE, AND MYTH (I)ANCIENT TIMES. Fiat Iustitia, (1), 190-196.
Qin, C. R. (2014). Priestesses and Power: The Potency and Privilege of Prostitution.
Skousen, L. (2014). The Benefits of Mercy: Teaching Law and Exception in the Inquiry-Based Classroom.
Hadi, A. (2020). ‘Honor’Killings in Misogynistic Society: A Feminist Perspective. Academic Journal of Interdisciplinary Studies, 9(3), 29-29.
Rosenberg, J., & Weiss, A. (2012). Property rights and institutions in biblical society: The purchase of the Cave of the Patriarchs. European Journal of Political Economy, 28(3), 279-285.
Hirsch, R. (2018). Gender Procreative Roles in the First Codes of Law. In Erotic Subjects and Outlaws (pp. 83-101). Brill Rodopi.
Domenick, A. R. (2006). Would the expanded use of solitary confinement solve the financial and incarceration problems of the West Virginia Department of Corrections? (Doctoral dissertation, Mountain State University).
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