Formal Legal Code List
A viewset for viewing and editing Formal Legal Codes.
GET /api/sc/formal-legal-codes/?format=api
{ "count": 509, "next": "https://seshat-db.com/api/sc/formal-legal-codes/?format=api&page=2", "previous": null, "results": [ { "id": 1, "polity": { "id": 137, "name": "af_durrani_emp", "long_name": "Durrani Empire", "start_year": 1747, "end_year": 1826 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " A legal code was inherited from conquered areas, but it is unclear if this was actually practiced. §REF§Black, Antony. The History of Islamic Political Thought: From the Prophet to the Present. Edinburgh University Press, 2011. pp. 252-255§REF§<br>Shari'a law functioned at a local level, but an overarching legal structure was not present given the fractured nature of the empire and the focus on coercive extraction. Legal rights seem to have been, like the late Mugals, restricted to Muslims. Unbelievers were to be kept subdued, and be made to pay the traditional poll tax.§REF§Black, Antony. The History of Islamic Political Thought: From the Prophet to the Present. Edinburgh University Press, 2011. p. 54§REF§ In legitimizing their conquest, the Durrani seem to have followed the Sunni school of law of maḏāhib. The presence of Shiite practioners in Khorasan seem to have been tolerated. Pitshtunwali, a legal and moral code that determines social order and responsibilities in Pashtun culture was at odds with the formalized Islamic code, having existed before the islamic conquest of the 7th century and enduring to the present day in the Pashtun border regions.§REF§Gommans, Jos J.L. <i>The Rise of the Indo-Afghan Empire: C. 1710-1780.</i> Vol. 8. Brill, 1995. p. 54§REF§" }, { "id": 2, "polity": { "id": 134, "name": "af_ghur_principality", "long_name": "Ghur Principality", "start_year": 1025, "end_year": 1215 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " not entire period. need to timestamp<br>\"The appointment of judges (quddat, sing. qadi) who enforced the religious law, the Shari'a, was also in the Sultan's hands.\"§REF§(Jackson 2003, 25) Jackson, Peter. 2003. The Delhi Sultanate: A Political and Military History. Cambridge University Press.§REF§" }, { "id": 3, "polity": { "id": 350, "name": "af_greco_bactrian_k", "long_name": "Greco-Bactrian Kingdom", "start_year": -256, "end_year": -125 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " The Greek legal code seems to have been in practice in the other Greek successor states. §REF§Tarn, William Woodthorpe. The Greeks in Bactria and India. Cambridge University Press, 2010. p. 63§REF§ In terms of the details of how this would have been administered, we have little information for the entire region. Surviving legal documents come from a much later date." }, { "id": 4, "polity": { "id": 127, "name": "af_kushan_emp", "long_name": "Kushan Empire", "start_year": 35, "end_year": 319 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " There is textual evidence of cases being decided, as well as references to the first King being steadfast in the law. §REF§Harmatta, János, B. N. Puri, and G. F. Etemadi. History of Civilizations in Central Asia. Volume II: The development of sedentary and nomadic civilizations pp. 252-255, 411-412; Subramaniam, V. \"The administrative legacy of ancient India.\" International Journal of Public Administration 21, no. 1 (1998): 87-108.§REF§<br>\"The Mat inscription of Huvishka refers to him as 'steadfast in the true law', a title also borne by the first Kushan king, Kujula Kadphises on his coins.\"§REF§(Puri 1994, 252) Puri, B. N. The Kushans. in Harmatta, Janos. Puri, B. N. Etemadi, G. F. eds. 1994. History of Civilizations of Central Asia. Volume II. The development of sedentary and nomadic civilizations 700 B.C. to A.D. 250. UNESCO Publishing.§REF§" }, { "id": 5, "polity": { "id": 253, "name": "cn_eastern_han_dyn", "long_name": "Eastern Han Empire", "start_year": 25, "end_year": 220 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " During Western Han Confucianism gradually replaced legalism. Qin legal code remained basically intact, some severe measures rescinded. §REF§(Roberts 2003, 48)§REF§<br>" }, { "id": 6, "polity": { "id": 254, "name": "cn_western_jin_dyn", "long_name": "Western Jin", "start_year": 265, "end_year": 317 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": "“The Jin Code, also called the Taishi Code (Taishi lü) has not come down to us in its complete form. What we know comes mostly from the juridical chapter of the Jinshu. Sima Zhao, father of Emperor Wu, by late summer 264, had a number of his supporters, supervised by Jia Chong (217–282), revise the whole of the Wei code, which had already been modified during the Sima Shi regency. The reason given was that the code, dating back to the Han, was too cumbersome. Certain laws had fallen into disuse, others, notably the collective punishments, were too harsh. The justification for the revision tended strongly to devalue some of the code in order to prioritize the work achieved under the auspices of Sima Zhao.”§REF§(Chaussende 2019: 86) Chaussende, D. 2019. Western Jin. In Dien and Knapp (eds) The Cambridge History of China Volume 2: The Six Dynasties, 220–589 pp. 79-95. Cambridge University Press. Seshat URL: https://www.zotero.org/groups/1051264/seshat_databank/items/JJWI9G9U/library§REF§" }, { "id": 7, "polity": { "id": 422, "name": "cn_erligang", "long_name": "Erligang", "start_year": -1650, "end_year": -1250 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": "\"In terms of legal systems, its implement and practical application in the dynasties of Xia, Shang and Zhou had all centered on the will of the monarchs. As a result, the law was overtopped by the imperial power, and both law and punishment were made by the rulers. For example, the law of the Xia Dynasty was generously referred to as Yu Xing (The Penal Code of Yu), which was named after the emperor.\"§REF§(Zhang 2014, 154) Zhang, Jinfan. 2014. The Tradition and Modern Transition of Chinese Law. Springer Science & Business Media.§REF§<br>\"The evolution of China's customary law into codified law occurred during the Warring States Period (770 BCE to 256 BCE). During that period successive warlords would each codify and publish their own sets of laws according to the needs of society.\"§REF§(Liang 2010, XI) Liang, Huixing. 2010. The Draft Civil Code of the People's Republic of China: English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences). Martinus Nijhoff Publishers.§REF§ -- <i>this variable requires that the law be written down. Customary law can be written down.</i>" }, { "id": 8, "polity": { "id": 471, "name": "cn_hmong_2", "long_name": "Hmong - Early Chinese", "start_year": 1895, "end_year": 1941 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " Hmong legal customs did not operate according to a written code: 'Among the Ch'uan Miao there are no written laws. The customs and habits of the group are the laws and what is customary is right. Crimes are infractions against the customs or mores of the group.' §REF§Graham, David Crockett 1937. “Customs Of The Ch’Uan Miao\", 28§REF§ 'In every Sheng Miao village there is a set of rules and regulations which are voluntarily observed. In case of violation the offense is quickly adjudged by the public and an elder is invited to execute the punishment. Before it is carried out, however, he would tell the accused in a solemn manner the myths of their ancestors. Also in the case of a serious dispute the elder would summon both parties together, and first tell them the story of their ancestors before settling the dispute. After a decision is rendered in this fashion both parties would show compliance and would not carry the case to the law courts. Although the mythology handed down from mouth to mouth does not have religious contents, it becomes a kind of prophecy to those people who hold everything pertaining to their ancestors in the highest respect. It is entirely due to this inherent respect for their ancestors that the ancestral myth is recounted before carrying out the punishment or at the time of settling a dispute. The idea is to employ the will of the ancestors to restrain the actions of their descendants. It is interesting to note that the mythology of the Sheng Miao, meant originally to inform posterity of the stories of their ancestors' life, has also assumed the corrective and preventive functions of law.' §REF§Che-lin, Wu, Chen Kuo-chün, and Lien-en Tsao 1942. “Studies Of Miao-I Societies In Kweichow\", 76§REF§ Disputes were handled by local headmen, sometimes through ordeals: 'The Miao are addicted to kuei and to litigation. Sometimes litigation may last a year, and the court, unable to decide the case, may ask both parties to eat blood. This serves as a deterrent. Yen Ju-yü in his Miao Fang-pei Lan says: “Those who enter the temple to drink blood move on their knees and bellies, not daring to look up; those who are in the wrong dare not drink it, but repent and yield.” In the course of our investigations in the Miao frontier area, the private secretary of the hsien government at Feng-huang, Mr. Wang Yüeh-yen told us: “The T 'ien Wang temple is the Supreme Court of the Miao area. When a Miao is not satisfied with the decision of the hsien government, then he is ordered to go to the T 'ien Wang temple to drink blood. Whatever the litigation, big or small, it receives immediate settlement.” It can be seen that the Miao's awe of kuei is greater than their awe of the law.' §REF§Ling, Shun-sheng, Yifu Ruey, and Lien-en Tsao 1947. “Report On An Investigation Of The Miao Of Western Hunan”, 228§REF§ Where literate residents were available, ad hoc regulations for specific situations were written down occasionally: 'After feasting each family brings home a small quantity of pork, from which a piece is cut off for sacrifice on the border of one's field. A string of paper money is also stuck there as a token to invoke a prosperous harvest. In the afternoon every family contributes a few dimes for the purchase of vegetables and sends a representative to the party, at which rules and regulations are discussed regarding indemnities for damages to crops. He who can write is asked to list the rules on a piece of white paper to be affixed at the village gate. Then on the top of a high mound near the village they set up a straw mark and let loose a din of firecrackers to announce to villages far and near that this village has already passed its laws so that none may go there to violate them.' §REF§Che-lin, Wu, Chen Kuo-chün, and Lien-en Tsao 1942. “Studies Of Miao-I Societies In Kweichow”, 103§REF§ Cases were transferred to formal courts operating under Chinese law when local settlement proved impossible: 'The Magpie Miao live in villages, occasionally compact but normally consisting of a cluster of separate hamlets. These are located on mountain slopes, usually far enough away from main transportation routes to be inaccessible and readily defensible. The Miao lack any political organization of their own, and are thoroughly integrated into the Chinese administrative system. The basic political, as well as economic and social unit, is the village. Villages are grouped into townships and divided into hamlets of about ten to twenty households each. The headmen of both the village and the hamlet are appointed by the chief of the township. The members of different villages or hamlets are bound principally by affinal ties. They may cooperate for the common good, but they lack any formal organization of an indigenous character. Disputes between members of the same hamlet are settled, if possible, within the hamlet. Those between members of different hamlets of the same village are adjudicated by a council composed of the village headman and the heads of the hamlets involved. If this council cannot effect a settlement, the litigants have a right to carry their dispute to the chief of the township or even to the Chinese court of the county.' §REF§Rui, Yifu 1960. “Magpie Miao Of Southern Szechuan”, 145§REF§ Given how Hmong villagers made use of the Chinese legal system, we have decided to code the variable 'present'." }, { "id": 9, "polity": { "id": 470, "name": "cn_hmong_1", "long_name": "Hmong - Late Qing", "start_year": 1701, "end_year": 1895 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " The A-Hmao language was first written by the Pollard script in apprx. 1905.§REF§Duffy, John M. (2007). Writing from these roots: literacy in a Hmong-American community. University of Hawaii Press. ISBN 0-8248-3095-4.§REF§" }, { "id": 10, "polity": { "id": 245, "name": "cn_jin_spring_and_autumn", "long_name": "Jin", "start_year": -780, "end_year": -404 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": "\"In the late Spring and Autumn Period, the legal system had reached a turning point - provisions of punishments changed into a systematic code, which came to be recorded on two occasions: the State of Zhen had the penal code prepared by Zi Chan inscribed onto bamboo tablets (536 BC); the State of Jin had the penal code prepared by Zhao Yang inscribed onto tripods (513 BC).\"§REF§(Zhang 2015, 143) Zhang, Qizhi. 2015. An Introduction to Chinese History and Culture. Springer.§REF§" }, { "id": 11, "polity": { "id": 420, "name": "cn_longshan", "long_name": "Longshan", "start_year": -3000, "end_year": -1900 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "unknown", "comment": null, "description": null }, { "id": 12, "polity": { "id": 266, "name": "cn_later_great_jin", "long_name": "Jin Dynasty", "start_year": 1115, "end_year": 1234 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " 《皇统制》, 《泰和律》§REF§叶潜昭. (1972). 金律之研究. 台湾商务印书馆 1977 年版.§REF§" }, { "id": 13, "polity": { "id": 269, "name": "cn_ming_dyn", "long_name": "Great Ming", "start_year": 1368, "end_year": 1644 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " The legal code drawn up in the time of the Hongwu Emperor was considered one of the great achievements of the era. The code was known as Ta-Ming lu (大明律). The Ta-Ming lu, which comprised criminal and administrative as well as civil law, was divided under seven main heads §REF§(Chan, c1982, p.33-35)§REF§<ol><li>General: principles of applying the whole codes</li><li>Civil: the system of government and the conduct of magistrates</li><li>Fiscal: census, taxes, and marriage</li><li>Ritual: social ceremonies, religious function</li><li>Military: military administration, the stable, couriers, protection of the palace</li><li>Criminal: punishments of criminals</li><li>Public works: public works dealing with digging of dikes, examination, and repair of buildings</li></ol>\"The Ming law code, promulgated in final form in 1397, reinforced the traditional authority and responsibility of the pater familias, considered the basis of all social order.\" §REF§(Pletcher 2010, 197)§REF§" }, { "id": 14, "polity": { "id": 425, "name": "cn_northern_song_dyn", "long_name": "Northern Song", "start_year": 960, "end_year": 1127 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Based on the legal code of the T'ang period.§REF§(McKnight 2015, 250)§REF§<br>Later Chou produced the Penal conspectus of the Great Chou (Ta Chou hsing-t'ung) 957 CE which \"formed the foundation for the later Sung penal conspectus (Sung hsing-t'ung)\". The Chou document \"was basically a reissuing of the T'ang code and commentary of 737, with the addition of a few edicts from later periods.\"§REF§(McKnight 2015, 252)§REF§<br>\"At the beginning of the Sung eight principal collections of law were in use, four from the T'ang period, two from the Later T'ang, and two from the Later Chou, but the centerpiece of the legal system, and the chief source of penal rules, was the twenty-one chapter Ta Chou hsing-t'ung, which had been put into practice in 958.\"§REF§(McKnight 2015, 254)§REF§<br>T'ai tsu revised the Ta Chou hsing-t'ung code into \"the thirty chapter Sung penal conspectus (Sung hsing-t'ung), also known as the Chung hsiang ting hsing-t'ung, the 'Re-examined and redetermined collected penal laws.\"§REF§(McKnight 2015, 254)§REF§<br>" }, { "id": 15, "polity": { "id": 258, "name": "cn_northern_wei_dyn", "long_name": "Northern Wei", "start_year": 386, "end_year": 534 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": "\"The Jin code (known as the Taishi code) dominated the legal systems of the Northern Wei and the Southern Dynasties.\"§REF§(Xiong 2009, 289)§REF§<br>Taihe Reforms 472-492 CE \"included procedures for evaluating and promoting regional and local officials; graded official salaries; a law code...\"§REF§(Dardess, J W. 2010. Governing China: 150-1850. Hackett Publishing. p.14)§REF§" }, { "id": 16, "polity": { "id": 1, "name": "cn_qing_dyn_1", "long_name": "Early Qing", "start_year": 1644, "end_year": 1796 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " \"the Ch'ing legal code specified heavy penalties for breaches of etiquette in state-sponsored ceremonies (improper conduct, poor preparations, etc.)\" §REF§(Smith 1990, 288)§REF§" }, { "id": 17, "polity": { "id": 2, "name": "cn_qing_dyn_2", "long_name": "Late Qing", "start_year": 1796, "end_year": 1912 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": "Division between civil and criminal code in Chinese law did not occur until 1910.§REF§(Fu 1993, 114) Fu, Zhengyuan. 1993. Autocratic Tradition and Chinese Politics. Cambridge University Press.§REF§" }, { "id": 18, "polity": { "id": 243, "name": "cn_late_shang_dyn", "long_name": "Late Shang", "start_year": -1250, "end_year": -1045 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " Judging from the following quotes, it would seem that, prior to the Zhou, there was no difference between the law and the king's will.<br>\"In terms of legal systems, its implement and practical application in the dynasties of Xia, Shang and Zhou had all centered on the will of the monarchs. As a result, the law was overtopped by the imperial power, and both law and punishment were made by the rulers. For example, the law of the Xia Dynasty was generously referred to as Yu Xing (The Penal Code of Yu), which was named after the emperor.\"\"The law of Shang Dynasty was generously named \"Tang Xing\" (The Penal Code of Tang).\" §REF§(Zhang 2014, 154) Zhang, Jinfan. 2014. The Tradition and Modern Transition of Chinese Law. Springer Science & Business Media.§REF§<br>\"The law of Shang Dynasty was generously named \"Tang Xing\" (The Penal Code of Tang).\"§REF§(Zhang 2014, 154) Zhang, Jinfan. 2014. The Tradition and Modern Transition of Chinese Law. Springer Science & Business Media.§REF§<br>\"All the national activities, such as punitive expeditions, sacrifices, etc., were named \"Wang Shi\" (the king's affairs) to suggest that the king was the state, and that the king and the state were an organic whole. In the oracle inscriptions of the Shang Dynasty on tortoise shells or animal bones, the words like \"Wang Ming\" (the king's commands), \"Wang Ling\" (the king's orders), and \"Wang Hu\" (the king's words) can be found repeatedly, which had indicated that the national affairs were conducted according to the orders of king who not only had the supreme administrative and military power, but the supreme legislative and judicial power.\"§REF§(Zhang 2014, 153) Zhang, Jinfan. 2014. The Tradition and Modern Transition of Chinese Law. Springer Science & Business Media.§REF§<br>\"The evolution of China's customary law into codified law occurred during the Warring States Period (770 BCE to 256 BCE). During that period successive warlords would each codify and publish their own sets of laws according to the needs of society.\"§REF§(Liang 2010, XI) Liang, Huixing. 2010. The Draft Civil Code of the People's Republic of China: English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences). Martinus Nijhoff Publishers.§REF§ -- <i>this variable requires that the law be written down. Customary law can be written down.</i>" }, { "id": 19, "polity": { "id": 260, "name": "cn_sui_dyn", "long_name": "Sui Dynasty", "start_year": 581, "end_year": 618 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " 583 CE: \"The Kai-huang Code ... was promulgated.\"§REF§(Xiong 2009, cvi)§REF§<br>\"Wendi also sponsored a major revision of the law, which resulted in the promulgation of the Kaihuang Code, which has been described as 'a remarkable synthesis of the legal traditions of the age of disunity', which proved to be the model for the Tang legal code and thereafter of the successive legal codes of imperial China.\"§REF§(Roberts 1996, 82)§REF§<br>More detail Xiong 2006 pages 135-141. §REF§(Xiong 2006)§REF§<br>\"Starting with the Northern Qi dynasty (550-77) the most serious unpardonable \"Ten Evil Crimes\" (shi eh) were formally entered in the law Beiqi Lu (Sui shu: ch. 25). These were also codified in the laws of the Sui and Tang dynasties, followed by all succeeding dynasties, and continued to be in effect until the twentieth century.\"§REF§(Fu 1993, 115) Fu, Zhengyuan. 1993. Autocratic Tradition and Chinese Politics. Cambridge University Press.§REF§" }, { "id": 20, "polity": { "id": 261, "name": "cn_tang_dyn_1", "long_name": "Tang Dynasty I", "start_year": 617, "end_year": 763 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " \"Whilst based on those of the preceding dynasties, the T'ang legal code was simplified in comparison with these and was supposedly less serve in its penal provisions, particularly when contrasted with some of the draconian measures which had been introduced by the Sui.\"§REF§(Rodzinski 1979, 120)§REF§<br>Emperor Gaozu \"set up a legal commission which, building on the Sui achievement, codified the law and administrative statutes in the form which was not only to remain in force until the fourteenth century, but which became the basis of the first legal codes in Vietnam, Korea and Japan.\"§REF§(Roberts 1996, 87)§REF§ Legal code compiled first in 624 CE. §REF§(Roberts 1996, 89)§REF§<br>\"Starting with the Northern Qi dynasty (550-77) the most serious unpardonable \"Ten Evil Crimes\" (shi eh) were formally entered in the law Beiqi Lu (Sui shu: ch. 25). These were also codified in the laws of the Sui and Tang dynasties, followed by all succeeding dynasties, and continued to be in effect until the twentieth century.\"§REF§(Fu 1993, 115) Fu, Zhengyuan. 1993. Autocratic Tradition and Chinese Politics. Cambridge University Press.§REF§" }, { "id": 21, "polity": { "id": 264, "name": "cn_tang_dyn_2", "long_name": "Tang Dynasty II", "start_year": 763, "end_year": 907 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " \"Whilst based on those of the preceding dynasties, the T'ang legal code was simplified in comparison with these and was supposedly less serve in its penal provisions, particularly when contrasted with some of the draconian measures which had been introduced by the Sui.\"§REF§(Rodzinski 1979, 120)§REF§<br>Emperor Gaozu \"set up a legal commission which, building on the Sui achievement, codified the law and administrative statutes in the form which was not only to remain in force until the fourteenth century, but which became the basis of the first legal codes in Vietnam, Korea and Japan.\"§REF§(Roberts 1996, 87)§REF§" }, { "id": 22, "polity": { "id": 424, "name": "cn_wei_dyn_warring_states", "long_name": "Early Wei Dynasty", "start_year": -445, "end_year": -225 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": "\"The most important codification of Chinese law is the Fa jing (Canon of Law), compiled during the Warring States period by the prime minister of the Wei state Li Kui (455-395 B.C.), who may be called the real founder of the Legalist school ... The compilation of Fa jing was based on the then current laws of the various states and became the prototype of later Chinese imperial codes ... All the legal codes of imperial dynasties, from the Qin code to the Qing code, can be traced to Fa jing. ... There were always minor changes but the basic legal structure remained intact. Even the laws proclaimed during periods of alien rule, like the Mongolian Yuan dynasty and the Manchu Qing dynasty, were no exception.\"§REF§(Fu 1993, 108) Fu, Zhengyuan. 1993. Autocratic Tradition and Chinese Politics. Cambridge University Press.§REF§<br>\"The Legalists were the chief proponents of the use of a penal code to control the people. During the Warring States period, the sovereigns of the various states had little use for morals and rites. They were more concerned with building strong states, strengthening their armies, and enlarging their territories. This can only be realized by being able to keep a submissive people. The Legalists proved more useful for their political aspirations, as they exerted a major influence on Chinese traditional law and legal institutions, which were set up under their direction.\"§REF§(Fu 1993, 107) Fu, Zhengyuan. 1993. Autocratic Tradition and Chinese Politics. Cambridge University Press.§REF§" }, { "id": 23, "polity": { "id": 251, "name": "cn_western_han_dyn", "long_name": "Western Han Empire", "start_year": -202, "end_year": 9 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Confucianism gradually replaced legalism. Qin legal code remained basically intact, some severe measures rescinded. §REF§(Roberts 2003, 48)§REF§<br>Under Wudi students of legalism were prohibited from government. §REF§(Kerr 2013, 37)§REF§" }, { "id": 24, "polity": { "id": 244, "name": "cn_western_zhou_dyn", "long_name": "Western Zhou", "start_year": -1122, "end_year": -771 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "unknown", "comment": null, "description": " Had a system of justice but no law code survives. Legal procedures existed because we know theft was punished.§REF§(Roberts 2003, 14)§REF§<br>\"In terms of legal systems, its implement and practical application in the dynasties of Xia, Shang and Zhou had all centered on the will of the monarchs. As a result, the law was overtopped by the imperial power, and both law and punishment were made by the rulers. For example, the law of the Xia Dynasty was generously referred to as Yu Xing (The Penal Code of Yu), which was named after the emperor.\"\"The law of Shang Dynasty was generously named \"Tang Xing\" (The Penal Code of Tang).\" §REF§(Zhang 2014, 154) Zhang, Jinfan. 2014. The Tradition and Modern Transition of Chinese Law. Springer Science & Business Media.§REF§<br>\"The evolution of China's customary law into codified law occurred during the Warring States Period (770 BCE to 256 BCE). During that period successive warlords would each codify and publish their own sets of laws according to the needs of society.\"§REF§(Liang 2010, XI) Liang, Huixing. 2010. The Draft Civil Code of the People's Republic of China: English Translation (Prepared by the Legislative Research Group of the Chinese Academy of Social Sciences). Martinus Nijhoff Publishers.§REF§" }, { "id": 25, "polity": { "id": 419, "name": "cn_yangshao", "long_name": "Yangshao", "start_year": -5000, "end_year": -3000 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "unknown", "comment": null, "description": null }, { "id": 26, "polity": { "id": 268, "name": "cn_yuan_dyn", "long_name": "Great Yuan", "start_year": 1271, "end_year": 1368 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " \"The Mongols apparently introduced greater leniency into the Chinese legal system. The number of capital crimes amounted to 135, less than one-half the number mandated in the Sung dynasty codes. Criminals could, following Mongolian practice, avoid punishment by paying a sum to the government. Khubilai could grant amnesties, and he did so, even to rebels or political enemies. Officials of the provincial or central government routinely reviewed local judicial decisions on serious crimes in order to prevent abuses of the rights of the accused. Because there have not been any careful studies of this code in operation, it is difficult to tell whether these statutory reforms translated into a more lenient and flexible system than under the earlier Chinese dynasties. Yet the legal ideals embodied in this code supported by Khubilai and the Mongols did indeed appear less harsh than earlier Chinese ones.\" §REF§(Rossabi, M. 1994. The reign of Khubilai khan. In Franke, H. and D. Twitchett (eds) The Cambridge History of China, volume 6: Alien Regimes and Border States, 710-1368 pp. 414-489. Cambridge: Cambridge University Press. P. 453-454)§REF§" }, { "id": 27, "polity": { "id": 436, "name": "co_tairona", "long_name": "Tairona", "start_year": 1050, "end_year": 1524 }, "year_from": null, "year_to": null, "tag": "SSP", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "unknown", "comment": null, "description": null }, { "id": 28, "polity": { "id": 196, "name": "ec_shuar_1", "long_name": "Shuar - Colonial", "start_year": 1534, "end_year": 1830 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " The Shuar did not use a formal legal code, but had established means of responding to offenses. The murder of a kinsman had to be avenged: '“When a murder committed by tribesman is to be avenged, the social morality of the Jibaros requires that the punishment shall be meted out with justice, in so far that for one life which has been taken only one life should be taken in retaliation. Thereupon the blood-guilt is atoned for (tumáshi akérkama) and the offended family is satisfied. Consequently, if a Jibaro Indian wishes to avenge the murder of his brother, it may well happen that he, if the slayer himself cannot be caught and punished, will assassinate his brother or father instead of him, but he does not take the life of more than one member of the family, even if he has an opportunity of killing more. If he, for instance, killed not only the murderer himself but also one of his brothers, this would awaken indignation in the whole tribe, and it would be considered just that the family thus offended in its turn should take revenge. The blood guilt in such a case has passed to the original avenger. This principle, which requires that there shall be justice in the retaliation so that life is weighed against life, in itself of course has a tendency to limit blood-revenge. It happens, however, in many cases, and especially when supposed witchery is in question, that the person accused of the crime does not admit the guilt, but asserts that he and his family are innocently persecuted by the relatives of the dead. If then he or a member of his family is murdered, his relatives try, in their turn, to take revenge, and so on, in which case the blood feud tends to become prolonged indefinitely.”' §REF§Karsten, Rafael 1935. “Head-Hunters Of Western Amazonas: The Life And Culture Of The Jibaro Indians Of Eastern Ecuador And Peru”, 274§REF§ 'It seemed that this uncle had beaten one of his wives to death because she was unfaithful to him, and the woman's family, considering the treatment unnecessarily harsh, had murdered the husband in retaliation. Custom said that Kuashu's family must also take a life in order to satisfy the Jivaro sense of justice. With this end in view, the spirit of revenge was being kept alive, and almost every day the young men of the household were reminded of the duty which they inherited, and how they would eventually have to kill some member of the family who were responsible for their uncle's murder. The boys listened to the tale, which had already been told them hundreds of times, with as much interest as if they had never heard it before, and I wondered how long it would be ere their hands were stained with blood. They saw nothing wrong in this lust for vengeance, for their creed taught them that the spirit [158] of their uncle could not rest till justice had been meted out. Furthermore, if they failed to take reprisals they and their families would be the ones to suffer.” ' §REF§Dyott, George Miller 1926. “On The Trail Of The Unknown In The Wilds Of Ecuador And The Amazon\", 157p§REF§ The obligation to avenge could be avoided through gift-giving: 'It seems that among the Aguaruna Indians there is a sort of murderous revenge, though there is a way of redeeming it with gifts. I heard of one case where the gift of a blowgun eliminated the necessity for bloody revenge.' §REF§Brüning, Hans H. 1928. “Travelling In The Aguaruna Region”, 73§REF§ Deaths by sorcery had to be avenged as well: 'Fear of sorcery and incurring the wrath of the act as restraining elements of social control in the Jivaro community. In this society the code of lex talionis holds true so that anti-social acts directed against members of the community will result in assured retaliation by the victim's family. Thus, the fear of reprisal also acts as a means of aggression control in the society.' §REF§Beierle, John: eHRAF Cultural Summary for the Jivaro§REF§ '“Their unbounded sense of liberty and their desire to be independent, not only of the whites but also of each other, is one of the reasons why they do not live in villages but each family separately, for in this way conflicts are more easily avoided. It may for instance, happen that the swine, the most important domestic animals, who during the day are allowed to roam about freely in the forest, penetrate into the plantations of a neighbouring family and devastate the crops. The owner gets angry and claims compensation for the damage done. In this way quarrels easily arise which may develop into bloody fights; at any rate there arises general discord and distrust between the two families. Some time later it may happen that one or more members of either family fall ill with some of the diseases which the Jibaros ascribe to witchcraft. When trying to find out the author of the evil the head of that family is most likely to attribute it to the malicious art of a neighbour with whom he has had such a quarrel. If the patient dies he has recourse to divination by means of the narcotic natéma, which generally leads to his suspicions of the neighbour being confirmed. The family's sense of justice as well as the duty to the deceased now require that revenge shall be taken, and the supposed wizard is assassinated. This murder naturally awakens the desire for blood-revenge on the part of the family thus outraged, and so a blood-feud is begun, which, as is easily understood, has a tendency to make itself permanent.”' §REF§Karsten, Rafael 1935. “Head-Hunters Of Western Amazonas: The Life And Culture Of The Jibaro Indians Of Eastern Ecuador And Peru”, 269§REF§ Blood vengeance was less common within families, conflicts being solved informally: '“Though, as we have seen, among the Jibaros blood-revenge takes place with regard to members of the same sub-tribe, this is not so when a crime is committed within the family. Among these Indians it sometimes occurs that a man kills his brother, if the latter, for instance, has seduced his wife or bewitched one of his children. But in this case blood-revenge is not generally taken, inasmuch as the natural avengers-that is, the father and the remaining brothers-abstain from carrying it out. ‘It is enough that one member of our family has died,’ they say, ‘why should we deprive ourselves of one more?’ The slayer is consequently pardoned. The absence of blood-revenge in a case like this is due to the natural sympathy which the avengers feel for the slayer, as well as to the consideration that by killing him they would only harm themselves, by weakening the power and influence of the family.”' §REF§Karsten, Rafael 1935. “Head-Hunters Of Western Amazonas: The Life And Culture Of The Jibaro Indians Of Eastern Ecuador And Peru\", 274§REF§ Stirling describes recognized extenuating circumstances: 'In the same way the Jivaros are apt to recognize extenuating circumstances in other cases where the crime has not been caused willfully, as for example, when someone in a state of intoxication or under the influence of a narcotic drink has been the cause of another person's death. However, in any of these instances, if the [117] evildoer refuses to pay to compensation asked, he becomes liable to blood revenge.”' §REF§Stirling, Matthew Williams 1938. “Historical And Ethnographical Material On The Jivaro Indians\", 116p§REF§" }, { "id": 29, "polity": { "id": 197, "name": "ec_shuar_2", "long_name": "Shuar - Ecuadorian", "start_year": 1831, "end_year": 1931 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " SCCS variable 149 'Writing and Records' is coded as ‘1’ or ‘None’, not ‘Mnemonic devices’, or ‘Nonwritten records’, or 'True writing, no records', or ‘True writing; records’ The Shuar did not use a formal legal code, but had established means of responding to offenses. The murder of a kinsman had to be avenged: '“When a murder committed by tribesman is to be avenged, the social morality of the Jibaros requires that the punishment shall be meted out with justice, in so far that for one life which has been taken only one life should be taken in retaliation. Thereupon the blood-guilt is atoned for (tumáshi akérkama) and the offended family is satisfied. Consequently, if a Jibaro Indian wishes to avenge the murder of his brother, it may well happen that he, if the slayer himself cannot be caught and punished, will assassinate his brother or father instead of him, but he does not take the life of more than one member of the family, even if he has an opportunity of killing more. If he, for instance, killed not only the murderer himself but also one of his brothers, this would awaken indignation in the whole tribe, and it would be considered just that the family thus offended in its turn should take revenge. The blood guilt in such a case has passed to the original avenger. This principle, which requires that there shall be justice in the retaliation so that life is weighed against life, in itself of course has a tendency to limit blood-revenge. It happens, however, in many cases, and especially when supposed witchery is in question, that the person accused of the crime does not admit the guilt, but asserts that he and his family are innocently persecuted by the relatives of the dead. If then he or a member of his family is murdered, his relatives try, in their turn, to take revenge, and so on, in which case the blood feud tends to become prolonged indefinitely.”' §REF§Karsten, Rafael 1935. “Head-Hunters Of Western Amazonas: The Life And Culture Of The Jibaro Indians Of Eastern Ecuador And Peru”, 274§REF§ 'It seemed that this uncle had beaten one of his wives to death because she was unfaithful to him, and the woman's family, considering the treatment unnecessarily harsh, had murdered the husband in retaliation. Custom said that Kuashu's family must also take a life in order to satisfy the Jivaro sense of justice. With this end in view, the spirit of revenge was being kept alive, and almost every day the young men of the household were reminded of the duty which they inherited, and how they would eventually have to kill some member of the family who were responsible for their uncle's murder. The boys listened to the tale, which had already been told them hundreds of times, with as much interest as if they had never heard it before, and I wondered how long it would be ere their hands were stained with blood. They saw nothing wrong in this lust for vengeance, for their creed taught them that the spirit [158] of their uncle could not rest till justice had been meted out. Furthermore, if they failed to take reprisals they and their families would be the ones to suffer.” ' §REF§Dyott, George Miller 1926. “On The Trail Of The Unknown In The Wilds Of Ecuador And The Amazon\", 157p§REF§ The obligation to avenge could be avoided through gift-giving: 'It seems that among the Aguaruna Indians there is a sort of murderous revenge, though there is a way of redeeming it with gifts. I heard of one case where the gift of a blowgun eliminated the necessity for bloody revenge.' §REF§Brüning, Hans H. 1928. “Travelling In The Aguaruna Region”, 73§REF§ Deaths by sorcery had to be avenged as well: 'Fear of sorcery and incurring the wrath of the act as restraining elements of social control in the Jivaro community. In this society the code of lex talionis holds true so that anti-social acts directed against members of the community will result in assured retaliation by the victim's family. Thus, the fear of reprisal also acts as a means of aggression control in the society.' §REF§Beierle, John: eHRAF Cultural Summary for the Jivaro§REF§ '“Their unbounded sense of liberty and their desire to be independent, not only of the whites but also of each other, is one of the reasons why they do not live in villages but each family separately, for in this way conflicts are more easily avoided. It may for instance, happen that the swine, the most important domestic animals, who during the day are allowed to roam about freely in the forest, penetrate into the plantations of a neighbouring family and devastate the crops. The owner gets angry and claims compensation for the damage done. In this way quarrels easily arise which may develop into bloody fights; at any rate there arises general discord and distrust between the two families. Some time later it may happen that one or more members of either family fall ill with some of the diseases which the Jibaros ascribe to witchcraft. When trying to find out the author of the evil the head of that family is most likely to attribute it to the malicious art of a neighbour with whom he has had such a quarrel. If the patient dies he has recourse to divination by means of the narcotic natéma, which generally leads to his suspicions of the neighbour being confirmed. The family's sense of justice as well as the duty to the deceased now require that revenge shall be taken, and the supposed wizard is assassinated. This murder naturally awakens the desire for blood-revenge on the part of the family thus outraged, and so a blood-feud is begun, which, as is easily understood, has a tendency to make itself permanent.”' §REF§Karsten, Rafael 1935. “Head-Hunters Of Western Amazonas: The Life And Culture Of The Jibaro Indians Of Eastern Ecuador And Peru”, 269§REF§ Blood vengeance was less common within families, conflicts being solved informally: '“Though, as we have seen, among the Jibaros blood-revenge takes place with regard to members of the same sub-tribe, this is not so when a crime is committed within the family. Among these Indians it sometimes occurs that a man kills his brother, if the latter, for instance, has seduced his wife or bewitched one of his children. But in this case blood-revenge is not generally taken, inasmuch as the natural avengers-that is, the father and the remaining brothers-abstain from carrying it out. ‘It is enough that one member of our family has died,’ they say, ‘why should we deprive ourselves of one more?’ The slayer is consequently pardoned. The absence of blood-revenge in a case like this is due to the natural sympathy which the avengers feel for the slayer, as well as to the consideration that by killing him they would only harm themselves, by weakening the power and influence of the family.”' §REF§Karsten, Rafael 1935. “Head-Hunters Of Western Amazonas: The Life And Culture Of The Jibaro Indians Of Eastern Ecuador And Peru\", 274§REF§ Stirling describes recognized extenuating circumstances: 'In the same way the Jivaros are apt to recognize extenuating circumstances in other cases where the crime has not been caused willfully, as for example, when someone in a state of intoxication or under the influence of a narcotic drink has been the cause of another person's death. However, in any of these instances, if the [117] evildoer refuses to pay to compensation asked, he becomes liable to blood revenge.”' §REF§Stirling, Matthew Williams 1938. “Historical And Ethnographical Material On The Jivaro Indians\", 116p§REF§" }, { "id": 30, "polity": { "id": 367, "name": "eg_ayyubid_sultanate", "long_name": "Ayyubid Sultanate", "start_year": 1171, "end_year": 1250 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": null }, { "id": 31, "polity": { "id": 510, "name": "eg_badarian", "long_name": "Badarian", "start_year": -4400, "end_year": -3800 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": null }, { "id": 32, "polity": { "id": 514, "name": "eg_dynasty_1", "long_name": "Egypt - Dynasty I", "start_year": -3100, "end_year": -2900 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " No evidence for formal criminal code during Old Kingdom. §REF§(McDowell 2001)§REF§" }, { "id": 33, "polity": { "id": 515, "name": "eg_dynasty_2", "long_name": "Egypt - Dynasty II", "start_year": -2900, "end_year": -2687 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " No evidence for formal criminal code during Old Kingdom. §REF§(McDowell 2001)§REF§" }, { "id": 34, "polity": { "id": 205, "name": "eg_inter_occupation", "long_name": "Egypt - Inter-Occupation Period", "start_year": -404, "end_year": -342 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Caroline Arlte <i>Ed: need to check spelling of surname</i> book on Egyptian code.§REF§(Manning 2015, Personal Communication)§REF§ The native Egyptians were keen to overthrow Persian rule so they must have had strong attachment to own culture and the legal code may have been part of this. \"After the New Kingdom the kenbet appears to have fallen into disuse. The kenbet a’at (Great Court or Council) is still mentioned in Theban legal proceedings of the Third Intermediate Period, but under the Saite Pharaohs new expressions occur in legal documents. The cursive Hieratic script used for administration and jurisdiction was now replaced by Demotic, and many administrative and legal innovations were introduced. [...] In Demotic the expression awy wepy (lit. ‘‘house of judgement’’) is used for what seems to be a purely judicial institution, a ‘‘court’’ (Allam 1991: 116-17). This is seen as evidence that the formal separation between administration and jurisdiction took place in Egypt as late as the seventh century BC; earlier the kenbet had administrative and judicial functions, but the Demotic ‘‘court’’ was only judicial (Allam 1991: 119). It is difficult to prove that administrative and legal reforms had occurred from what essentially is evidence arising from changes in script and language. Furthermore, it is not at all certain that the kenbet was anything more than judicial, but the Late Period did clearly witness changes in legal practice, such as the growing popularity of written contracts, e.g. the marriage contracts discussed above.\" §REF§(Haring 2010, 234-235)§REF§" }, { "id": 35, "polity": { "id": 232, "name": "eg_mamluk_sultanate_1", "long_name": "Egypt - Mamluk Sultanate I", "start_year": 1260, "end_year": 1348 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Slaves had \"legal rights, almost as if they had been adopted as ‘foster sons’ by a master who accepted legal obligations as their ‘foster father’.\" §REF§(Nicolle 2014) Nicolle, D. 2014 Mamluk Askar 1250-1517. Osprey Publishing Ltd.§REF§" }, { "id": 36, "polity": { "id": 239, "name": "eg_mamluk_sultanate_3", "long_name": "Egypt - Mamluk Sultanate III", "start_year": 1412, "end_year": 1517 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Slaves had \"legal rights, almost as if they had been adopted as ‘foster sons’ by a master who accepted legal obligations as their ‘foster father’.\" §REF§(Nicolle 2014) Nicolle, D. 2014 Mamluk Askar 1250-1517. Osprey Publishing Ltd.§REF§" }, { "id": 37, "polity": { "id": 236, "name": "eg_mamluk_sultanate_2", "long_name": "Egypt - Mamluk Sultanate II", "start_year": 1348, "end_year": 1412 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Slaves had \"legal rights, almost as if they had been adopted as ‘foster sons’ by a master who accepted legal obligations as their ‘foster father’.\" §REF§(Nicolle 2014) Nicolle, D. 2014 Mamluk Askar 1250-1517. Osprey Publishing Ltd.§REF§" }, { "id": 38, "polity": { "id": 519, "name": "eg_middle_k", "long_name": "Egypt - Middle Kingdom", "start_year": -2016, "end_year": -1700 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": "Instructions for Merikare \"set down basic guidelines for administering justice.\"§REF§(Hinds 2006, 6)§REF§<br>Middle Kingdom prison register \"cites variations of the general offence, and in so doing implies the existence of a very detailed code of law\".§REF§(Kemp 1983, 84) Kemp, Barry. \"Old Kingdom, Middle Kingdom and Second Intermediate Period c. 2686-1552 BC\" in Trigger, B G. Kemp, B J. O'Connor, D. LLoyd, A B. 1983. Ancient Egypt: A Social History. Cambridge University Press. Cambridge.§REF§" }, { "id": 39, "polity": { "id": 511, "name": "eg_naqada_1", "long_name": "Naqada I", "start_year": -3800, "end_year": -3550 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": null }, { "id": 40, "polity": { "id": 512, "name": "eg_naqada_2", "long_name": "Naqada II", "start_year": -3550, "end_year": -3300 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": null }, { "id": 41, "polity": { "id": 513, "name": "eg_naqada_3", "long_name": "Egypt - Dynasty 0", "start_year": -3300, "end_year": -3100 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": null }, { "id": 42, "polity": { "id": 199, "name": "eg_new_k_2", "long_name": "Egypt - New Kingdom Ramesside Period", "start_year": -1293, "end_year": -1070 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Not discovered.<br>Few codes known to exist. However, the law system was nationally integrated such that local disputes could be appealed to a higher court.<br>Legal Text of Mose concerns control of land tenure and tax obligations. \"In a case that went through five lawsuits over control of, or rights to, disputed land in the Village of Neshi, the plaintive Mose, as descendant of Neshi sought to overturn the judgement of of the Qenbet, \"council\" or court of magistrates in Memphis.\" This was the local court that had jurisdiction over the case \"at the level of the nome, because Memphis was the capital of the nome in which the disputed land was located.\" The case moved up to the \"Great Qenbet over which the Vizier presided, at national level.\" §REF§(Kohler and Gumerman 2000, 313)§REF§<br>Inscriptions record pharaonic decrees on crimes and punishments. Instructions for Merikare, written in Middle Kingdom, \"set down basic guidelines for administering justice\" and was well known in the New Kingdom.§REF§(Hinds 2006, 6)§REF§<br>Legal system based on precedent and case law. §REF§(Brewer and Teeter 1999, 73)§REF§" }, { "id": 43, "polity": { "id": 198, "name": "eg_new_k_1", "long_name": "Egypt - New Kingdom Thutmosid Period", "start_year": -1550, "end_year": -1293 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Not discovered.<br>Few codes known to exist. However, the law system was nationally integrated such that local disputes could be appealed to a higher court.<br>Legal Text of Mose concerns control of land tenure and tax obligations. \"In a case that went through five lawsuits over control of, or rights to, disputed land in the Village of Neshi, the plaintive Mose, as descendant of Neshi sought to overturn the judgement of of the Qenbet, \"council\" or court of magistrates in Memphis.\" This was the local court that had jurisdiction over the case \"at the level of the nome, because Memphis was the capital of the nome in which the disputed land was located.\" The case moved up to the \"Great Qenbet over which the Vizier presided, at national level.\" §REF§(Kohler and Gumerman 2000, 313)§REF§<br>Inscriptions record pharaonic decrees on crimes and punishments. Instructions for Merikare, written in Middle Kingdom, \"set down basic guidelines for administering justice\" and was well known in the New Kingdom.§REF§(Hinds 2006, 6)§REF§<br>Legal system based on precedent and case law. §REF§(Brewer and Teeter 1999, 73)§REF§<br>" }, { "id": 44, "polity": { "id": 516, "name": "eg_old_k_1", "long_name": "Egypt - Classic Old Kingdom", "start_year": -2650, "end_year": -2350 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " There were property laws and formal written legal instruments, though no evidence for a fully articulated legal code.§REF§(Baines, John. Personal Communication to Jill Levine, Dan Hoyer, and Peter Turchin. April 2020. Email)§REF§ No evidence for a formal criminal code §REF§(McDowell 2001)§REF§." }, { "id": 45, "polity": { "id": 517, "name": "eg_old_k_2", "long_name": "Egypt - Late Old Kingdom", "start_year": -2350, "end_year": -2150 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " There were property laws and formal written legal instruments, though no evidence for a fully articulated legal code.§REF§(Baines, John. Personal Communication to Jill Levine, Dan Hoyer, and Peter Turchin. April 2020. Email)§REF§ No evidence for a formal criminal code §REF§(McDowell 2001)§REF§.<br>No evidence for a formal criminal code §REF§(McDowell 2001)§REF§ and no evidence for a legal code." }, { "id": 46, "polity": { "id": 109, "name": "eg_ptolemaic_k_1", "long_name": "Ptolemaic Kingdom I", "start_year": -305, "end_year": -217 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": "'Diagramma of Ptolemy II (270bc)'<br>Source: discussed most recently in JG Manning, The Last Pharaohs. Princeton, 2010.<br>Follow-up reference<br>Keenan, J G. Manning, J G. Yiftach-Firanko, U. 2014. Law and Legal Practice in Egypt from Alexander to the Arab Conquest. A Selection of Papyrological Sources in Translation, with Introductions and Commentary. Cambridge University Press. Cambridge.<br>" }, { "id": 47, "polity": { "id": 207, "name": "eg_ptolemaic_k_2", "long_name": "Ptolemaic Kingdom II", "start_year": -217, "end_year": -30 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": "'Diagramma of Ptolemy II (270bc)'<br>Source: discussed most recently in JG Manning, The Last Pharaohs. Princeton, 2010.<br>Follow-up reference<br>Keenan, J G. Manning, J G. Yiftach-Firanko, U. 2014. Law and Legal Practice in Egypt from Alexander to the Arab Conquest. A Selection of Papyrological Sources in Translation, with Introductions and Commentary. Cambridge University Press. Cambridge.<br>" }, { "id": 48, "polity": { "id": 518, "name": "eg_regions", "long_name": "Egypt - Period of the Regions", "start_year": -2150, "end_year": -2016 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Inferred present Middle Kingdom, inferred present Old Kingdom." }, { "id": 49, "polity": { "id": 203, "name": "eg_saite", "long_name": "Egypt - Saite Period", "start_year": -664, "end_year": -525 }, "year_from": null, "year_to": null, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Caroline Arlte (<i>Ed: need to check spelling of surname</i>) book on Egyptian code §REF§(Manning 2015, Personal Communication)§REF§" }, { "id": 50, "polity": { "id": 520, "name": "eg_thebes_hyksos", "long_name": "Egypt - Thebes-Hyksos Period", "start_year": -1720, "end_year": -1567 }, "year_from": null, "year_to": null, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Likely that there were different legal systems in different regions. I.e. Delta region where Hyksos were congregated and the more southerly vassal regions, such as Thebes." } ] }