Tuesday, March 4, 2008
Legal system
The head of the legal system in ancient Egypt was officially the pharaoh, who was responsible for proclaiming laws, delivering justice, and maintaining law and order, a concept the ancient Egyptians referred to as Ma'at. Though no legal codes from ancient Egypt survive, the many extant court documents of the period show that Egyptian law was based on a common-sense view of right and wrong that emphasized reaching agreements and resolving conflicts rather than strictly adhering to a complicated set of statutes.
The ancient Egyptians viewed men and women, including people from all social classes except slaves, as essentially equal under the law, and even the lowliest peasant was entitled to petition the vizier and his court for redress. Both men and women had the right to own and sell property, make contracts, marry and divorce, receive inheritance, and pursue legal disputes in court. Married couples could own property jointly and protect themselves from divorce by agreeing to marriage contracts, which stipulated the financial obligations of the husband to his wife and children should the marriage end.
Local councils of elders, known as Kenbet in the New Kingdom, were responsible for ruling in court cases involving small claims and minor disputes, although the Kenbet's ability to enforce its rulings was limited.Local Kenbets deferred serious or complicated cases involving murder, major land transactions, and tomb robbery to the Great Kenbet, over which the vizier or pharaoh presided. Plaintiffs and defendants were expected to represent themselves in legal matters and were required to swear an oath to an Egyptian deity that they had told the truth. In cases of tomb robbery or assassination plots, the state took on both the role of prosecutor and judge, and it could torture the accused with beatings to obtain a confession and the names of any co-conspirators. Whether the charges were trivial or serious, court scribes documented the complaint, testimony, and verdict of the case for future reference.
Punishment for minor crimes involved either imposition of fines, beatings, facial mutilation, or exile, depending on the severity of the offense. Serious crimes such as murder and tomb robbery were punished by execution, which was carried out by decapitation, drowning, or impaling the criminal on a stake. Punishment could also be extended to the criminal's family.
From the New Kingdom on oracles began to play a major role in the legal system, dispensing justice in both civil and criminal cases. The procedure was to ask the god a "yes" or "no" question concerning the right or wrong of an issue. The god, carried by a number of priests, rendered judgment by choosing one or the other, moving forward or backward, or pointing to one of the answers written on a piece of papyrus or an ostracon.
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