Formal Legal Code List
A viewset for viewing and editing Formal Legal Codes.
GET /api/sc/formal-legal-codes/?format=api&page=2
{ "count": 509, "next": "https://seshat-db.com/api/sc/formal-legal-codes/?format=api&page=3", "previous": "https://seshat-db.com/api/sc/formal-legal-codes/?format=api", "results": [ { "id": 51, "polity": { "id": 200, "name": "eg_thebes_libyan", "long_name": "Egypt - Thebes-Libyan Period", "start_year": -1069, "end_year": -747 }, "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": 52, "polity": { "id": 361, "name": "eg_thulunid_ikhshidid", "long_name": "Egypt - Tulunid-Ikhshidid Period", "start_year": 868, "end_year": 969 }, "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": " Note: This is the code for Abbasid Caliphate. §REF§Van Berkel, Maaike, Nadia Maria El Cheikh, Hugh Kennedy, and Letizia Osti. Crisis and Continuity at the Abbasid Court pp. 87-90§REF§<br>In the Abbasid Caliphate formal the law was promulgated by a body known as the Fuqaha. The law code was heavily influenced by Sharia law. Sharia was based on the Sunna, which were teachings of the Prophet Muhammad, and the Quran, the holy book of Islam. Legal thought was also influenced by Ijma’, which were a body of rulings on legal issues based on the consensus of scholars who had met to discuss specific cases. Despite the Caliphate’s claims to religious authority based on their links to the Prophet Muhammed, it was rare for direct rulings on legal matters to originate from the caliphal authorities. Alongside a developing legal code was the development of the Qudis, who were full time judiciary officials.§REF§Zubaida, Sami, Law and power in the Islamic world. (Tauris & Company Limited, 2005) pp. 74-84§REF§" }, { "id": 53, "polity": { "id": 84, "name": "es_spanish_emp_1", "long_name": "Spanish Empire I", "start_year": 1516, "end_year": 1715 }, "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": " Roman and Spanish law. §REF§(Maltby 2009, 91) Maltby, William S. 2009. <i>The Rise and Fall of the Spanish Empire</i>. New York: Palgrave Macmillan. <a class=\"external free\" href=\"https://www.zotero.org/groups/seshat_databank/items/itemKey/SUSVXWVH\" rel=\"nofollow\">https://www.zotero.org/groups/seshat_databank/items/itemKey/SUSVXWVH</a>§REF§" }, { "id": 54, "polity": { "id": 208, "name": "et_aksum_emp_1", "long_name": "Axum I", "start_year": -149, "end_year": 349 }, "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": " \"The common norms of law that prevailed in the kingdom may be studied in the first juridicial records of Aksum: in the four laws from the Safra (Drewes, p. 73).\"§REF§(Kobishanov 1981, 386) Y M. Kobishanov. Aksum: political system, economics and culture, first to fourth century. Muḥammad Jamal al-Din Mokhtar. ed. 1981. UNESCO General History of Africa. Volume II. Heinemann. UNESCO. California.§REF§<br>\"Later Ethiopian law followed the Fetha Nagast, 'The Law of the Kings' written in Arabic by a Copt in the mid-thirteenth century, and translated into Ge'ez perhaps in the middle of the fifteenth century (Tzadua 1968), but inscriptions like that of Safra show that there were earlier legal codes in use (Drewes 1962).\"§REF§(Munro-Hay 1991, 252) Stuart C Munro-Hay. 1991. Aksum: An African Civilisation of Late Antiquity. Edinburgh University Press.§REF§<br>\"high-quality grave goods, have been interpreted as those of 'middle-class' Aksumites ... It might be expected that such a class would include government officials, scribes, priests of temple or church, middle-ranking members of the army, merchants, and perhaps some of the more skilled craftsmen. Amongst such a class there would probably be some foreigners, permitted to live in Ethiopia because of their special skills.\"§REF§(Connah 2016, 141) Graham Connah. 2016. African Civilizations: An Archaeological Perspective. Third Edition. Cambridge University Press. Cambridge.§REF§" }, { "id": 55, "polity": { "id": 57, "name": "fm_truk_1", "long_name": "Chuuk - Early Truk", "start_year": 1775, "end_year": 1886 }, "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’. Bollig, writing in the colonial period, claims that tribal laws were fluid rather than fixed, although the colonial administration increasingly sought to impose its own regulations: 'The main task of the chief is the laying down and execution of the bu[unknown]un fanu, that is, the tribal laws. In practice the bu[unknown] is usually illusory, since nobody wants to follow it. Not for nothing do the Truk people say sarcastically about the conditions on their islands: “ en sob me bu[unknown]un, each district has its own laws,” or what is even worse: “ en me bu[unknown]un,” freely translated: “So many heads, so many meanings.” Moreover, it is a duty of the chief to communicate to the people the regulations of the government, to see that they are carried out, and to collect the head tax.' §REF§Bollig, Laurentius 1927. “Inhabitants Of The Truk Islands: Religion, Life And A Short Grammar Of A Micronesian People”, 126§REF§ Apparently, many customary regulations were no longer enforced under foreign administration: 'The effect of this ruling was to deprive the granting corporation of its residual title; once the grant was made, the grantee had full title. The grantee need not now render first fruits or obtain the grantor’s approval for transactions he wished to arrange. The head of the granting corporation could no longer claim to be sowuppwún; this title now belonged to the head of the recipient corporation if he wished to claim it. Some people on Romónum continue to follow traditional practice and continue to render gifts of first fruits to the traditional sowuppwún as a matter of courtesy, and there are some who still try to assert their right to first fruits under the traditional system. No one is compelled to follow traditional practice and a number of people no longer do so. It is my impression that scarcely anyone would do so if he felt that he would be seriously inconvenienced by it.' §REF§Goodenough, Ward Hunt 1974. “Changing Social Organization On Romónum, Truk, 1947-1965”, 80§REF§ 'The value of residual title to tracts of “soil” had helped to hold lesser corporations of immediate siblings together in lineages in the traditional social system. Except as other interests countervail, Romónum’s traditional lineage organization has been weakened. Indeed, before I learned about rulings of the courts, I had gained an impression that Romónum’s lineages were less frequently a unit of reference in community affairs than they had been in 1947. Talk of dissension within the lineages led me to the intuitive judgment that the lineage organization was weaker and looser than it had been. I cannot pretend to have examined all the different possible causes of this, but if my impression was correct, the court’s ruling regarding the jural relations of grantor and grantee in land transactions seems likely to have been an important contributing factor.' §REF§Goodenough, Ward Hunt 1974. “Changing Social Organization On Romónum, Truk, 1947-1965”, 80§REF§ Accordingly, inferences are difficult here. We have decided to follow the SCCS codes in this case." }, { "id": 56, "polity": { "id": 58, "name": "fm_truk_2", "long_name": "Chuuk - Late Truk", "start_year": 1886, "end_year": 1948 }, "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": " 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’. According to Bollig, tribal laws were fluid rather than fixed, although the colonial administration increasingly sought to impose its own regulations: 'The main task of the chief is the laying down and execution of the bu[unknown]un fanu, that is, the tribal laws. In practice the bu[unknown] is usually illusory, since nobody wants to follow it. Not for nothing do the Truk people say sarcastically about the conditions on their islands: “ en sob me bu[unknown]un, each district has its own laws,” or what is even worse: “ en me bu[unknown]un,” freely translated: “So many heads, so many meanings.” Moreover, it is a duty of the chief to communicate to the people the regulations of the government, to see that they are carried out, and to collect the head tax.' §REF§Bollig, Laurentius 1927. “Inhabitants Of The Truk Islands: Religion, Life And A Short Grammar Of A Micronesian People”, 126§REF§ Apparently, many customary regulations were no longer enforced under foreign administration: The effect of this ruling was to deprive the granting corporation of its residual title; once the grant was made, the grantee had full title. The grantee need not now render first fruits or obtain the grantor’s approval for transactions he wished to arrange. The head of the granting corporation could no longer claim to be sowuppwún; this title now belonged to the head of the recipient corporation if he wished to claim it. Some people on Romónum continue to follow traditional practice and continue to render gifts of first fruits to the traditional sowuppwún as a matter of courtesy, and there are some who still try to assert their right to first fruits under the traditional system. No one is compelled to follow traditional practice and a number of people no longer do so. It is my impression that scarcely anyone would do so if he felt that he would be seriously inconvenienced by it.' §REF§Goodenough, Ward Hunt 1974. “Changing Social Organization On Romónum, Truk, 1947-1965”, 80§REF§" }, { "id": 57, "polity": { "id": 448, "name": "fr_atlantic_complex", "long_name": "Atlantic Complex", "start_year": -2200, "end_year": -1000 }, "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": " No information found in sources so far." }, { "id": 58, "polity": { "id": 447, "name": "fr_beaker_eba", "long_name": "Beaker Culture", "start_year": -3200, "end_year": -2000 }, "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": 59, "polity": { "id": 460, "name": "fr_bourbon_k_1", "long_name": "French Kingdom - Early Bourbon", "start_year": 1589, "end_year": 1660 }, "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": " \"After the dissolution of the Assembly, Marillac was charged with preparing an enormous ordinance, clarifying and regulating virtually every aspect of the relations between crown and subjects. Nicknamed the \"code Michaud\" after its draughtsman, this was an unwieldy collection of pious hopes, which inevitably contained something to upset almost everybody; all that was lacking was any plausible scheme for enforcing it. ... Like its sixteenth-century predecessors, the <i>code</i> soon became a dead letter in most respects; after Marillac's disgrace the government openly connived at the evasion of many of its provisions by the courts, while ignoring others itself.\" (Assembly refers to Assembly of Notables 1626-1627 CE).§REF§(Briggs 1998, 95-96)§REF§" }, { "id": 60, "polity": { "id": 461, "name": "fr_bourbon_k_2", "long_name": "French Kingdom - Late Bourbon", "start_year": 1660, "end_year": 1815 }, "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": "Ordinances and codes. §REF§(Ladurie 1991, 141)§REF§<br>Water and Forest; Navy; Commerce; Criminal Procedures (1670 CE); Civil Legal Procedures." }, { "id": 61, "polity": { "id": 457, "name": "fr_capetian_k_1", "long_name": "Proto-French Kingdom", "start_year": 987, "end_year": 1150 }, "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": "Carolingian legal system of of 10th century had mostly \"vanished\" and no legislation survives from early Capetian kings. §REF§(Pegues 1995, 1005-1010)§REF§<br>King ruled by decree. In 1144 CE Louis VII issued an ordinance to \"banished the relapsed Jews from the kingdom\" and in 1155 CE \"established the Peace of God for ten years.\"<br>French customary law not written down until 13th century. \"Roman and canon law provided the inspiration for this activity. Customary law varied from one region of France to another, and the writing of such law took place within regional or provincial boundaries.\" §REF§(Pegues 1995, 1005-1010)§REF§" }, { "id": 62, "polity": { "id": 458, "name": "fr_capetian_k_2", "long_name": "French Kingdom - Late Capetian", "start_year": 1150, "end_year": 1328 }, "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": "French customary law not written down until 13th century. \"Roman and canon law provided the inspiration for this activity. Customary law varied from one region of France to another, and the writing of such law took place within regional or provincial boundaries.\" §REF§(Pegues 1995, 1005-1010)§REF§<br>Autonomous urban governments developed a legal system \"neither feudal, Roman, norcustomary, that administered the legal needs of the urban population\" §REF§(Pegues 1995, 1005-1010)§REF§<br>" }, { "id": 63, "polity": { "id": 309, "name": "fr_carolingian_emp_1", "long_name": "Carolingian Empire I", "start_year": 752, "end_year": 840 }, "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": " King ruled by decree. His laws were often recorded in documents called capitularies but after division of Empire in 843 CE they were only found in West Francia and then not beyond 877 CE.§REF§(Chazelle 1995, 330, 318)§REF§" }, { "id": 64, "polity": { "id": 311, "name": "fr_carolingian_emp_2", "long_name": "Carolingian Empire II", "start_year": 840, "end_year": 987 }, "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": "King ruled by decree. His laws were often recorded in documents called capitularies but after division of Empire in 843 CE they were only found in West Francia and then not beyond 877 CE.§REF§(Chazelle 1995, 330, 318)§REF§<br>" }, { "id": 65, "polity": { "id": 449, "name": "fr_hallstatt_a_b1", "long_name": "Hallstatt A-B1", "start_year": -1000, "end_year": -900 }, "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": 66, "polity": { "id": 450, "name": "fr_hallstatt_b2_3", "long_name": "Hallstatt B2-3", "start_year": -900, "end_year": -700 }, "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": 67, "polity": { "id": 451, "name": "fr_hallstatt_c", "long_name": "Hallstatt C", "start_year": -700, "end_year": -600 }, "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": 68, "polity": { "id": 452, "name": "fr_hallstatt_d", "long_name": "Hallstatt D", "start_year": -600, "end_year": -475 }, "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": 69, "polity": { "id": 304, "name": "fr_merovingian_emp_1", "long_name": "Early Merovingian", "start_year": 481, "end_year": 543 }, "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": "Pactus legis Salicae territorial law-code. §REF§(Halsall in Wood ed. 1998, 151)§REF§<br>First Merovingian law code can be dated before 511 CE. First sixty five titles of Pactus Legis Salicae \"antedates the Liber Constitutionum of the Burgundians by at least a decade.\" Pagan elements within original work suggest Frankish origin in addition to some Christian Roman involvement. Pactus Legis Salicae most associated in with Neustria region, Lex Ribvaria with Austrasia and Liber Constitutionum (or Lex Gundobada) with Burgundy. §REF§(Wood 1994, 112-115)§REF§<br>No royal legislation survives beyond 614 CE. However there are literature references to royal edicts after this date. §REF§(Fouracre in Wood ed. 1998, 286-289)§REF§<br>Law<br>letters, precepts, edicts, decrees, pacts.<br>Merovingian law books: Pactus Legis Salicae and Lex Ribvaria. §REF§(Wood 1994, 103-104)§REF§<br>Pactus pro tenore pacis on theft§REF§(Wood 1994, 106)§REF§<br>\"The Lombards made no effort to repeat Ostrogothic parallelism in Italy. They recast the civil and juridicial system of the country in the regions which they occupied, promulgating a new legal code based on traditional Germanic norms, but drafted in Latin, which soon predominated over Roman law. The Merovingian kings retained a double legal system, but with the growing anarchy of their rule, Latin memories and norms progressively faded. Germanic law became progressively dominant, while the land taxes inherited from Rome broke down administ the resistance of the population and Church to a fiscality which no longer corresponded to any public services or integrated State. Taxation progressively lapsed altogether in the Frankish kingdoms.\"§REF§(Anderson 2013, 124) Anderson, Perry. 2013. Passages from Antiquity to Feudalism. Verso Books.§REF§<br>" }, { "id": 70, "polity": { "id": 456, "name": "fr_merovingian_emp_3", "long_name": "Proto-Carolingian", "start_year": 687, "end_year": 751 }, "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": "King and royal courtletters, precepts, edicts, decrees, pacts.<br>Merovingian law books: Pactus Legis Salicae and Lex Ribvaria. §REF§(Wood 1994, 103-104)§REF§<br>Pactus pro tenore pacis on theft§REF§(Wood 1994, 106)§REF§<br>Patriae (kings?) §REF§(Wood 1994, 115)§REF§<br>Pactus legis Salicae territorial law-code. §REF§(Halsall in Wood ed. 1998, 151)§REF§<br>First Merovingian law code can be dated before 511 CE. First sixty five titles of Pactus Legis Salicae \"antedates the Liber Constitutionum of the Burgundians by at least a decade.\" Pagan elements within original work suggest Frankish origin in addition to some Christian Roman involvement. Pactus Legis Salicae most associated in with Neustria region, Lex Ribvaria with Austrasia and Liber Constitutionum (or Lex Gundobada) with Burgundy. §REF§(Wood 1994, 112-115)§REF§<br>No royal legislation survives beyond 614 CE. However there are literature references to royal edicts after this date. §REF§(Fouracre in Wood ed. 1998, 286-289)§REF§" }, { "id": 71, "polity": { "id": 306, "name": "fr_merovingian_emp_2", "long_name": "Middle Merovingian", "start_year": 543, "end_year": 687 }, "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": "King and royal courtletters, precepts, edicts, decrees, pacts.<br>Merovingian law books: Pactus Legis Salicae and Lex Ribvaria. §REF§(Wood 1994, 103-104)§REF§<br>Pactus pro tenore pacis on theft§REF§(Wood 1994, 106)§REF§<br>Patriae (kings?) §REF§(Wood 1994, 115)§REF§<br>Pactus legis Salicae territorial law-code. §REF§(Halsall in Wood ed. 1998, 151)§REF§<br>First Merovingian law code can be dated before 511 CE. First sixty five titles of Pactus Legis Salicae \"antedates the Liber Constitutionum of the Burgundians by at least a decade.\" Pagan elements within original work suggest Frankish origin in addition to some Christian Roman involvement. Pactus Legis Salicae most associated in with Neustria region, Lex Ribvaria with Austrasia and Liber Constitutionum (or Lex Gundobada) with Burgundy. §REF§(Wood 1994, 112-115)§REF§<br>No royal legislation survives beyond 614 CE. However there are literature references to royal edicts after this date. §REF§(Fouracre in Wood ed. 1998, 286-289)§REF§<br>\"The Lombards made no effort to repeat Ostrogothic parallelism in Italy. They recast the civil and juridicial system of the country in the regions which they occupied, promulgating a new legal code based on traditional Germanic norms, but drafted in Latin, which soon predominated over Roman law. The Merovingian kings retained a double legal system, but with the growing anarchy of their rule, Latin memories and norms progressively faded. Germanic law became progressively dominant, while the land taxes inherited from Rome broke down administ the resistance of the population and Church to a fiscality which no longer corresponded to any public services or integrated State. Taxation progressively lapsed altogether in the Frankish kingdoms.\"§REF§(Anderson 2013, 124) Anderson, Perry. 2013. Passages from Antiquity to Feudalism. Verso Books.§REF§" }, { "id": 72, "polity": { "id": 453, "name": "fr_la_tene_a_b1", "long_name": "La Tene A-B1", "start_year": -475, "end_year": -325 }, "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": "Customary law?<br>Honour price was \"the equivalent of the Anglo-Saxon custom of wergild, the amount payable by a third party in the event of unlawful injury or death.\" \"The concept of honour price was fundamental to the legal system of the Celts. It dictated the conduct of all judicial cases, since the value of an individual's oath or evidence was determined by his honour price. To bring a lawsuit against someone with a higher honour price required the intervention of a patron of higher rank, creating an environment in which the support of the richest and most influential members of the elite was constantly sought after.\" §REF§(Allen 2007, 65)§REF§" }, { "id": 73, "polity": { "id": 454, "name": "fr_la_tene_b2_c1", "long_name": "La Tene B2-C1", "start_year": -325, "end_year": -175 }, "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": "Honour price was \"the equivalent of the Anglo-Saxon custom of wergild, the amount payable by a third party in the event of unlawful injury or death.\" \"The concept of honour price was fundamental to the legal system of the Celts. It dictated the conduct of all judicial cases, since the value of an individual's oath or evidence was determined by his honour price. To bring a lawsuit against someone with a higher honour price required the intervention of a patron of higher rank, creating an environment in which the support of the richest and most influential members of the elite was constantly sought after.\" §REF§(Allen 2007, 65)§REF§" }, { "id": 74, "polity": { "id": 455, "name": "fr_la_tene_c2_d", "long_name": "La Tene C2-D", "start_year": -175, "end_year": -27 }, "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": "Customary law?<br>Honour price was \"the equivalent of the Anglo-Saxon custom of wergild, the amount payable by a third party in the event of unlawful injury or death.\" \"The concept of honour price was fundamental to the legal system of the Celts. It dictated the conduct of all judicial cases, since the value of an individual's oath or evidence was determined by his honour price. To bring a lawsuit against someone with a higher honour price required the intervention of a patron of higher rank, creating an environment in which the support of the richest and most influential members of the elite was constantly sought after.\" §REF§(Allen 2007, 65)§REF§" }, { "id": 75, "polity": { "id": 333, "name": "fr_valois_k_1", "long_name": "French Kingdom - Early Valois", "start_year": 1328, "end_year": 1450 }, "year_from": 1350, "year_to": 1450, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": "Salic law. Reestablished during 100 Years War (approximate date). <span style=\"color:red\">DH: needs ref.</span><br>" }, { "id": 76, "polity": { "id": 459, "name": "fr_valois_k_2", "long_name": "French Kingdom - Late Valois", "start_year": 1450, "end_year": 1589 }, "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": "Customary law became codified between mid-15th to mid-16th century. The idea of a single code of law was discussed but not taken further by the Assembly of Notables in 1517 CE. §REF§(Potter 1995, 5)§REF§" }, { "id": 77, "polity": { "id": 786, "name": "gb_british_emp_2", "long_name": "British Empire II", "start_year": 1850, "end_year": 1968 }, "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": "Official regulations covered \"private property rights, the rule of law, trial by jury\".§REF§(Burroughs 1999) Peter Burroughs. Imperial institutions and the Government of Empire. Andrew Porter. ed. 1999. The Oxford History of the British Empire: Volume III: The Nineteenth Century. Oxford University Press. Oxford.§REF§ \"In the case of Britain and the states that obtained independence from it, the two important components are Parliament as supreme law-maker and the nature and jurisdiction of courts.\"§REF§(Taucar 2014) Christopher Edward Taucar. 2014. The British System of Government and Its Historical Development. McGill-Queen's University Press.§REF§. English common and statutory law, amended with colonial statutes wherever deemed necessary." }, { "id": 78, "polity": { "id": 113, "name": "gh_akan", "long_name": "Akan - Pre-Ashanti", "start_year": 1501, "end_year": 1701 }, "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": " Oaths had a legally binding character: 'This done, each subordinate ruler, by order of seniority, swears to be faithful to the ruler, and to obey all his lawful orders; that if called upon by night or by day to join the public forces or otherwise to defend the state and the ruler, he and his people will be found ready. Similar oath is taken by the headmen and captains of the Gyasi. Persons unable to be present through unavoidable causes are represented by competent persons, and the oaths taken with the ceremonies observed by such representatives are lawful, and bind their principals. Having completed the oath of allegiance and fealty, the subordinate rulers and Gyasi, linguists, councillors, and other elders, solemnly consummate the ceremony with a sacrament by eating fetish; the Omanhene, however, does so by a deputy, who is his nearest blood relative (male), or, if a woman, one past childbearing. In conclusion, sacrifice is made and libation poured in memory of the deceased rulers, and for the safety and prosperity of the general community. In some places the priest offers the prayers and makes the sacrifices, but in others the custodians of the stool make the sacrifices, besprinkle it with blood the while the head linguist invokes blessings on the new ruler and the people generally. On the meeting breaking up, the rest of the day is given up to feasting, firing of guns, and public rejoicings. Advantage is taken of this opportunity to appoint new officers, create new offices, settle any disputes and misunderstandings between the subordinate rulers or other persons of importance; charges against public officers are investigated, [Page 22] undesirable officers are removed, new laws are discussed, enacted, and promulgated by the beating of a gong. As previously stated, the subordinate rulers of the Wassaw country representing the people generally as against the Omanhene (head ruler) are called Asamanfu, namely, the mortals, for they march before the head ruler in battle array, and, as they lead the van, the enemy must vanquish and annihilate them before he reaches the Omanhene. The ruler of Sekeri-Himan is next in authority to the head ruler. The ruler of Apintoe Awudwa is next to that of Sekeri-Himan.' §REF§Sarbah, John Mensah 1968. “Fanti National Constitution: A Short Treatise On The Constitution And Government Of The Fanti, Asanti, And Other Akan Tribes Of West Africa Together With A Brief Account Of The Discovery Of The Gold Coast By Portuguese Navigators, A Short Narration Of Early English Voyages, And A Study Of The Rise Of British Gold Coast Jurisdiction, Etc., Etc.”, 21p§REF§ The Ohene presided over the tribunal, assisted also by a 'linguist', an official versed in what Sarbah calls customary law, orally transmitted: 'The Ohene, presiding over the tribunal, as well as the several councillors, express themselves through the linguist. The decision in every trial is pronounced by him. He goes with the president and councillors when they retire to deliberate on the case before them, and he delivers the judgment of the court. A linguist occupies a most confidential position, and the head linguist is usually one of the principal advisers of the ruler. In ordinary cases the [Page 33] ruler and he alone can lawfully constitute a court and decide cases. It is his duty to be conversant with the history of his country and the family history of the stool. At the yearly observance of the stool custom he takes a prominent part; moreover, he should be learned in the customary law, command a large stock of parables and apt phrases, be a man of ready and effective speech, and not unacquainted with the arts of diplomacy. In former years public speakers, for such are linguists, were not considered competent until they had been trained in the courts of the Asanti king and certain principal towns in Fantiland, which the non-Fanti inhabitants called the land of history, the seat of poetry, and the abode of enlightenment.' §REF§Sarbah, John Mensah 1968. “Fanti National Constitution: A Short Treatise On The Constitution And Government Of The Fanti, Asanti, And Other Akan Tribes Of West Africa Together With A Brief Account Of The Discovery Of The Gold Coast By Portuguese Navigators, A Short Narration Of Early English Voyages, And A Study Of The Rise Of British Gold Coast Jurisdiction, Etc., Etc.”, 32p§REF§ The variable was provisionally coded 'present'." }, { "id": 79, "polity": { "id": 114, "name": "gh_ashanti_emp", "long_name": "Ashanti Empire", "start_year": 1701, "end_year": 1895 }, "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": " 'The initial processes applicable to civil, oath, accused or criminal summonses have already been described. In order to meet the clerical service required for these forms, there is attached to the important Tribunals a Registrar's office where summonses and all the other processes are taken. The Registrar has charge of the cause list and the Record Books. In Akim Abuakwa the tribunal sits for five days in the week, Wednesday being excluded by the “Awukudae” custom, and Sunday by the British connexion and other Christian influences. Sittings of Tribunal last for about 6 to 10 working hours each day, and the Omanhene, as responsible judge, is always expected to be present throughout the day's sitting. We have already described the constitution of the Tribunal as consisting of the Omanhene, his Linguists, his four principal Executive Chiefs, the Queen-Mother, the non-Stool owning Elders and Councillors (including in the latter term the Christian Elders and Presbyters). The Tribunal is summoned by the “Kantamanto” or “woni-mini” drum ( q.v.) and on the Omanhene taking his seat at the third beating of the drum, the Registrar proceeds to deal with his cause list.' §REF§Danquah, J. B. (Joseph Boakye), 1928: 97; Literacy Database§REF§.Possibly only customary law: 'In theory the Supreme Court Ordinance gave preference to customary law unless it was specifically excluded by a contract. Nevertheless, it seemed initially as if the changes privileged English common law since many of the British judges knew little about customary law, but over time there did develop a body of \"case law based on native law.\"' §REF§Gocking, Roger S. 2005. “The History of Ghana”, 30p§REF§" }, { "id": 80, "polity": { "id": 67, "name": "gr_crete_archaic", "long_name": "Archaic Crete", "start_year": -710, "end_year": -500 }, "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": " Codes of laws and regulations were recorded in inscriptions (commonly incised on stone). Legal inscriptions, the oldest are dated to the 7th century BCE, were found so far in the city-states of Gortyn, Axos, and Dreros. §REF§Guarducci, M. 1950. I<i>nscriptiones Creticae</i> IV, Rome, 1-40§REF§ §REF§Perlman, P. J. 2004. “Writing on the walls. The architectural context of Archaic Cretan laws,” in Day, L. P., Mook, M. S., and Muhly, J. D. 2004. <i>Crete Beyond the Palaces: Proceedings of the Crete 2000 Conference</i> (Prehistory Monographs 10), Philadelphia,181-97.§REF§ Many inscriptions were displayed on sanctuaries, a tangible expression of the intersection of law and religion. The texts are fragmentary and provide a very cloudy picture on the legal systems adopted by the Archaic city-states. §REF§Willetts, R. F. 1965. <i>Ancient Crete. A Social History</i>, London and Torondo, 76-84§REF§ §REF§Chaniotis, A. 1897. \"Κλασική και Ελληνιστική Κρήτη,\" in Panagiotakis, N. (ed.), Κ<i>ρήτη: Ιστορία και Πολιτισμός</i>, Heraklion, 200-03.§REF§ The codes primarily deal with issues of ownership and pledges. The most important inscription, the longest inscription of the Greek world, is the famous Gortyn Code or the Great Code. §REF§Guarducci, M. 1950. I<i>nscriptiones Creticae</i> IV, Rome, n. 72§REF§ §REF§Willetts, R. F. 1967. <i>The Law Code of Gortyn</i>, Berlin§REF§ §REF§Di Vita, A. ed. 1984. <i>Creta Antica. Cento anni di archaeologia italiana (1884-1984)</i>, Rome, 73-9§REF§ Although the inscription is dated to the first half of the 5th century BCE, it is argued that echoes Archaic legislative systems." }, { "id": 81, "polity": { "id": 68, "name": "gr_crete_classical", "long_name": "Classical Crete", "start_year": -500, "end_year": -323 }, "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": " Codes of laws and regulations were recorded in inscriptions (commonly incised on stone). Legal inscriptions were found in many city-states and provide a picture on the legal systems adopted by the Cretan city-states. §REF§Willetts, R. F. 1965. <i>Ancient Crete. A Social History</i>, London and Torondo, 76-84§REF§ §REF§Chaniotis, A. 1897. \"Κλασική και Ελληνιστική Κρήτη,\" in Panagiotakis, N. (ed.), Κ<i>ρήτη: Ιστορία και Πολιτισμός</i>, Heraklion, 200-03.§REF§. The most important inscription, the longest inscription of the Greek world, is the famous Gortyn Code or the Great Code. §REF§Guarducci, M. 1950. <i>Inscriptiones Creticae</i> IV, Rome, n. 72§REF§ §REF§Willetts, R. F. 1967. <i>The Law Code of Gortyn</i>, Berlin§REF§ §REF§Di Vita, A. (ed.). 1984. <i>Creta Antica. Cento anni di archaeologia italiana (1884-1984)</i>, Rome, 73-9§REF§. The inscription consists of 12 surviving columns of text written on the circular walls of a public building, perhaps the <i>bouleuterion</i> of Gortyn. The first fragment of code was discovered in the 1850s and the rest of the inscription was brought to light by Federico Halbherr and Ernst Fabricius. The inscription stones had been reused as part of the foundations of the Roman Odeion (1st century BCE). The text is written boustrophedonically in the Dorian dialect. The Great Code record laws related to inheritance, ownership of slaves, rape and adultery, matters of childhood, divorce and widowhood, and sale and mortgaging of land. The legislation make clear distinctions between the different social classes (free Cretan citizens, serf, slaves and foreigners). The absence of other legislative texts set this inscription aside as a unique source for the study of the economy and society of Cretan cities. <b>The Great Code</b> <b>I</b>. Whoever intends to bring suit in relation to a free man or slave, shall not take action by seizure before trial; but if he do seize him, let the judge fine him ten staters for the free man, five for the slave, and let him release him within three days. But if he do not release him, let the judge sentence him to a stater for a free man, a drachma for a slave, each day until he has released him. But if he deny that he made the seizure, the judge shall decide with oath, unless a witness testify. If one party contend that he is a free man, the other that he is a slave, those who testify that he is free shall be preferred. But if they testify either for both parties or for neither of the two, the judge shall render his decision by oath. But if the slave on account of whom the defendant was defeated take refuge in a temple, the defendant, summoning the plaintiff in the presence of two witnesses of age and free, shall point out the slave at the temple; but if he do not issue the summons or do not point him out, he shall pay what is written. And if he do not return him, even within the year, he shall pay in addition to the sums stated one-fold. But if he die while the suit is progressing, he shall pay his value one-fold. <b>II</b>. If one commit rape on a free man or woman, he shall pay 100 staters, and if on the son or daughter of an apetairos ten, and if a slave on a free man or woman, he shall pay double, and if a free man on a male or female serf five drachmas, and if a serf on a male or female serf, five staters. If one debauch a female house-slave by force he shall pay two staters, but if one already debauched, in the daytime, an obol, but if at night, two obols. If one tries to seduce a free woman, he shall pay ten staters, if a witness testify. . . <b>III</b>. If one be taken in adultery with a free woman in her father=s, brother=s, or husband=s house, he shall pay 100 staters, but if in another=s house, fifty; and with the wife of an apetairos, ten. But if a slave with a free woman, he shall pay double, but if a slave with a slave's wife, five. . .<b>IV</b>. If a husband and wife be divorced, she shall have her own property that she came with to her husband, and the half of the income if it be from her own property, and whatever she has woven, the half, whatever it may be, and five staters, if her husband be the cause of her dismissal; but if the husband deny that he was the cause, the judge shall decide. . . <b>V</b>. If a man die, leaving children, if his wife wish, she may marry, taking her own property and whatever her husband may have given her, according to what is written, in the presence of three witnesses of age and free. But if she carry away anything belonging to her children she shall be answerable. And if he leaves her childless, she shall have her own property and whatever she has woven, the half, and of the produce on hand in possession of the heirs, a portion, and whatever her husband has given her as is written. If a wife shall die childless, the husband shall return to her heirs her property, and whatever she has woven the half, and of the produce, if it be from her own property, the half. If a female serf be separated from a male serf while alive or in case of his death, she shall have her own property, but if she carry away anything else she shall be answerable. <b>VI</b>. If a woman bear a child while living apart from her husband after divorce, she shall have it conveyed to the husband at his house, in the presence of three witnesses; if he do not receive the child, it shall be in the power of the mother to bring up or expose. . . <b>VII</b>. The father shall have power over his children and the division of the property, and the mother over her property. As long as they live, it shall not be necessary to make a division. But if a father die, the houses in the city and whatever there is in the houses in which a serf residing in the country does not live, and the sheep and the larger animals which do not belong to the serf, shall belong to the sons; but all the rest of the property shall be divided fairly, and the sons, howsoever many there be, shall receive two parts each, and the daughters one part each. The mother's property also shall be divided, in case she dies, as is written for the father's. And if there should be no property but a house, the daughters shall receive their share as is written. And if a father while living may wish to give to his married daughter, let him give according to what is written, but not more. . . <b>X</b>. As long as a father lives, no one shall purchase any of his property from a son, or take it on mortgage; but whatever the son himself may have acquired or inherited, he may sell if he will; nor shall the father sell or pledge the property of his children, whatever they have themselves acquired or succeeded to, nor the husband that of his wife, nor the son that of the mother. . . If a mother die leaving children, the father shall be trustee of the mother's property, but he shall not sell or mortgage unless the children assent, being of age; and if anyone shall otherwise purchase or take on pledge the property, it shall still belong to the children; and to the purchaser or pledgor the seller or pledgee shall pay two-fold the value in damages. But if he wed another, the children shall have control of the mother's property. <b>XI</b>. If a slave going to a free woman shall wed her, the children shall be free; but if the free woman to a slave, the children shall be slaves; and if from the same mother free and slave children be born, if the mother die and there be property, the free children shall have it; otherwise her free relatives shall succeed to it. <b>XIV</b>. The heiress shall marry the brother of the father, the eldest of those living; and if there be more heiresses and brothers of the father, they shall marry the eldest in succession. . . But if he do not wish to marry the heiress, the relatives of the heiress shall charge him and the judge shall order him to marry her within two months; and if he do not marry, she shall marry the next eldest. If she do not wish to marry, the heiress shall have the house and whatever is in the house, but sharing the half of the remainder, she may marry another of her tribe, and the other half shall go to the eldest. . .<b>XVI</b>.A son may give to a mother or a husband to a wife 100 staters or less, but not more; if he should give more, the relatives shall have the property. If anyone owing money, or under obligation for damages, or during the progress of a suit, should give away anything, unless the rest of his property be equal to the obligation, the gift shall be null and void. One shall not buy a man while mortgaged until the mortgagor release him. <b>XVII</b>.Adoption may take place whence one will; and the declaration shall be made in the market-place when the citizens are gathered. If there be no legitimate children, the adopted shall received all the property as for legitimates. If there be legitimate children, the adopted son shall receive with the males the adopted son shall have an equal share. If the adopted son shall die without legitimate children, the property shall return to the pertinent relatives of the adopter. A woman shall not adopt, nor a person under puberty. <b>XVIII</b>. Whatever is written for the judge to decide according to witnesses or by oath of denial, he shall decide as is written, but touching other matters shall decide under oath according to matters in controversy. If a son have given property to his mother, or a husband to his wife, as was written before these writings, it shall not be illegal; but hereafter gifts shall be made as here written. §REF§<a class=\"external free\" href=\"http://legacy.fordham.edu/halsall/ancient/450-gortyn.asp\" rel=\"nofollow\">http://legacy.fordham.edu/halsall/ancient/450-gortyn.asp</a>.§REF§<br><i>Crete owes much of its fame in Classical Greece to its internal organization and its cultivation of the laws. This prestige is partly due to mythological traditions and Minoan memories and survivals. The laws that, according to legend, Minos received every nine years, and the figure of Rhadamanthys the just judge, bear witness to a dim recollection of an earlier rule of law. From as early as the 7th century BCE, Crete had engaged in important legislative innovations, some of which can be reconstructed from the later laws of Gortyn. The famous legal inscription of Gortyn is not an isolated example. Fragments of laws dating from the 7th to the mid-5th century survive in many cities. The reasons for this legislative activity - an activity that includes both the recording of older laws and the introduction of new ones - were the major problems concerning land ownership, inheritance, small landowners' dependence on creditors as a result of the gradual spread of a monetary economy, and the presence of individuals who lacked political rights but engaged in important financial activities as traders, craftsmen and freelance workers. There was very little interest in reform of the existing regime: the handful of laws on civic issues were intended to limit the arbitrary actions and immunity of the </i>Kosmoi<i>.</i>" }, { "id": 82, "polity": { "id": 74, "name": "gr_crete_emirate", "long_name": "The Emirate of Crete", "start_year": 824, "end_year": 961 }, "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": " Reference to arabic sources shows that the Islamic law was practice among the Muslims. On the other hand, although there is no direct evidence, we can assume that the Christians followed their own low in their private life according to the typical Muslim intolerance. §REF§Christides, B. <i>The Conquest of Crete by Arabs (ca. 824). A Turning Point in the Struggle Between Byzantium and Islam</i>, Athens, 115.§REF§" }, { "id": 83, "polity": { "id": 65, "name": "gr_crete_post_palace_2", "long_name": "Final Postpalatial Crete", "start_year": -1200, "end_year": -1000 }, "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": null }, { "id": 84, "polity": { "id": 69, "name": "gr_crete_hellenistic", "long_name": "Hellenistic Crete", "start_year": -323, "end_year": -69 }, "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": " §REF§Chaniotis, A. 1897. \"Κλασική και Ελληνιστική Κρήτη,\" in Panagiotakis, N. (ed.), <i>Κρήτη: Ιστορία και Πολιτισμός</i>, Heraklion, 236-46.§REF§" }, { "id": 85, "polity": { "id": 63, "name": "gr_crete_mono_palace", "long_name": "Monopalatial Crete", "start_year": -1450, "end_year": -1300 }, "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": null }, { "id": 86, "polity": { "id": 59, "name": "gr_crete_nl", "long_name": "Neolithic Crete", "start_year": -7000, "end_year": -3000 }, "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": null }, { "id": 87, "polity": { "id": 62, "name": "gr_crete_new_palace", "long_name": "New Palace Crete", "start_year": -1700, "end_year": -1450 }, "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": null }, { "id": 88, "polity": { "id": 61, "name": "gr_crete_old_palace", "long_name": "Old Palace Crete", "start_year": -1900, "end_year": -1700 }, "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": null }, { "id": 89, "polity": { "id": 64, "name": "gr_crete_post_palace_1", "long_name": "Postpalatial Crete", "start_year": -1300, "end_year": -1200 }, "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": null }, { "id": 90, "polity": { "id": 60, "name": "gr_crete_pre_palace", "long_name": "Prepalatial Crete", "start_year": -3000, "end_year": -1900 }, "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": null }, { "id": 91, "polity": { "id": 17, "name": "us_hawaii_1", "long_name": "Hawaii I", "start_year": 1000, "end_year": 1200 }, "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": " inferred from discussion in sources of development/introduction in later periods" }, { "id": 92, "polity": { "id": 18, "name": "us_hawaii_2", "long_name": "Hawaii II", "start_year": 1200, "end_year": 1580 }, "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 first formal legal code dates to 1827: \"These three laws were: first, against murder, 'the one who commits murder here shall die, by being hung'; second, against theft, 'the one who steals shall be put in irons'; third, against adultery, for which the penalty was imprisonment in irons. Three other proposed laws, against rum selling, prostitution, and gambling, were drawn up, to be explained and taught to the people before they should be adopted. It was agreed that the chiefs should meet six months later to continue their consultation upon the subject. The three laws adopted and the three proposed were printed together on one sheet, which bears the date December 8, 1827. On December 14, the people were assembled in a coconut grove near the fort; the three enacted laws were formally proclaimed, and the king, Kaahumanu, and Boki exhorted the people, both native and foreign, to obey the three laws which had been adopted and to give attention to the three which were not yet enacted.\" §REF§(Kuykendall 1938, 126)§REF§" }, { "id": 93, "polity": { "id": 19, "name": "us_hawaii_3", "long_name": "Hawaii III", "start_year": 1580, "end_year": 1778 }, "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 first formal legal code dates to 1827: \"These three laws were: first, against murder, 'the one who commits murder here shall die, by being hung'; second, against theft, 'the one who steals shall be put in irons'; third, against adultery, for which the penalty was imprisonment in irons. Three other proposed laws, against rum selling, prostitution, and gambling, were drawn up, to be explained and taught to the people before they should be adopted. It was agreed that the chiefs should meet six months later to continue their consultation upon the subject. The three laws adopted and the three proposed were printed together on one sheet, which bears the date December 8, 1827. On December 14, the people were assembled in a coconut grove near the fort; the three enacted laws were formally proclaimed, and the king, Kaahumanu, and Boki exhorted the people, both native and foreign, to obey the three laws which had been adopted and to give attention to the three which were not yet enacted.\" §REF§(Kuykendall 1938, 126)§REF§" }, { "id": 94, "polity": { "id": 153, "name": "id_iban_1", "long_name": "Iban - Pre-Brooke", "start_year": 1650, "end_year": 1841 }, "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": " Initially, Iban customary law was not formalized: 'The legal rights and duties of every Iban is defined by the adat , customary law. Among the laws affecting women are courtship, marriage, divorce, inheritance, and fines imposed in cases of infraction of the law. The fines are payed in kati , the value of which is based on brass or bronze, or in money; one kati equals one dollar.' §REF§Komanyi, Margit Ilona 1973. “Real And Ideal Participation In Decision-Making Of Iban Women: A Study Of A Longhouse Community In Sarawak, East Malaysia\", 90§REF§ The Brooke Raj administration introduced a formal penal code only in the colonial period: 'Sir Charles Vyner de Windt Brooke (b. Sept. 26, 1874, London-d. May 9, 1963, London) was the third and last “white raja” (1917-46). He joined the Sarawak administration in 1897. After World War I, a boom in rubber and oil drew Sarawak further into the world economy, and for that and other reasons the state embarked on gradual modernization of its institutions. Public services were developed, a Sarawak penal code modelled on that of British India was introduced in 1924, and there was some extension of educational opportunity.' §REF§<a class=\"external free\" href=\"http://www.britannica.com/topic/Brooke-Raj\" rel=\"nofollow\">http://www.britannica.com/topic/Brooke-Raj</a>§REF§" }, { "id": 95, "polity": { "id": 154, "name": "id_iban_2", "long_name": "Iban - Brooke Raj and Colonial", "start_year": 1841, "end_year": 1987 }, "year_from": 1841, "year_to": 1924, "tag": "TRS", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "absent", "comment": null, "description": " Initially, Iban customary law was not formalized: 'The legal rights and duties of every Iban is defined by the adat , customary law. Among the laws affecting women are courtship, marriage, divorce, inheritance, and fines imposed in cases of infraction of the law. The fines are payed in kati , the value of which is based on brass or bronze, or in money; one kati equals one dollar.' §REF§Komanyi, Margit Ilona 1973. “Real And Ideal Participation In Decision-Making Of Iban Women: A Study Of A Longhouse Community In Sarawak, East Malaysia\", 90§REF§ The White Rajah administration introduced a formal penal code: 'Sir Charles Vyner de Windt Brooke (b. Sept. 26, 1874, London-d. May 9, 1963, London) was the third and last “white raja” (1917-46). He joined the Sarawak administration in 1897. After World War I, a boom in rubber and oil drew Sarawak further into the world economy, and for that and other reasons the state embarked on gradual modernization of its institutions. Public services were developed, a Sarawak penal code modelled on that of British India was introduced in 1924, and there was some extension of educational opportunity.' §REF§<a class=\"external free\" href=\"http://www.britannica.com/topic/Brooke-Raj\" rel=\"nofollow\">http://www.britannica.com/topic/Brooke-Raj</a>§REF§ During the colonial period and early independence, Iban law was gradually standardized: 'The Iban have lived for generations in widely separated river valleys, and during their migrations they have come into close contact with other peoples. It is, therefore, to be expected that Iban religion--their agricultural rituals and ordering of society--might vary from district to district. Some differences certainly exist, but those who know the Iban well are constantly impressed by the homogeneous quality of their culture. Knowing that the social order and customary law are rooted in Iban religion, A. J.N. Richards, at that time Resident of the Second Division, decided in 1961 to convene in Simanggang a meeting of traditional and religious leaders to discuss the standardization of Second Division (Iban) law, the formal core of the Iban way of life. The meeting, at which I was present, was attended by thirty-five Iban gathered from all over the Division: apart from a few manang ( shaman /healers) (see below, pp. 59-64; also 142 seq.), these were all either recognized community leaders ( penghulu and tuai rumah )--hence also tuai burong in many cases, religious incantation experts ( lemambang ), or, as is not unusual, persons combining more than one office.' §REF§Jensen, Erik 1974. “Iban And Their Religion”, 55p§REF§ We have assumed that the penal code was applied to Iban offenders as well." }, { "id": 96, "polity": { "id": 154, "name": "id_iban_2", "long_name": "Iban - Brooke Raj and Colonial", "start_year": 1841, "end_year": 1987 }, "year_from": 1924, "year_to": 1987, "tag": "IFR", "is_disputed": false, "is_uncertain": false, "name": "Formal_legal_code", "formal_legal_code": "present", "comment": null, "description": " Initially, Iban customary law was not formalized: 'The legal rights and duties of every Iban is defined by the adat , customary law. Among the laws affecting women are courtship, marriage, divorce, inheritance, and fines imposed in cases of infraction of the law. The fines are payed in kati , the value of which is based on brass or bronze, or in money; one kati equals one dollar.' §REF§Komanyi, Margit Ilona 1973. “Real And Ideal Participation In Decision-Making Of Iban Women: A Study Of A Longhouse Community In Sarawak, East Malaysia\", 90§REF§ The White Rajah administration introduced a formal penal code: 'Sir Charles Vyner de Windt Brooke (b. Sept. 26, 1874, London-d. May 9, 1963, London) was the third and last “white raja” (1917-46). He joined the Sarawak administration in 1897. After World War I, a boom in rubber and oil drew Sarawak further into the world economy, and for that and other reasons the state embarked on gradual modernization of its institutions. Public services were developed, a Sarawak penal code modelled on that of British India was introduced in 1924, and there was some extension of educational opportunity.' §REF§<a class=\"external free\" href=\"http://www.britannica.com/topic/Brooke-Raj\" rel=\"nofollow\">http://www.britannica.com/topic/Brooke-Raj</a>§REF§ During the colonial period and early independence, Iban law was gradually standardized: 'The Iban have lived for generations in widely separated river valleys, and during their migrations they have come into close contact with other peoples. It is, therefore, to be expected that Iban religion--their agricultural rituals and ordering of society--might vary from district to district. Some differences certainly exist, but those who know the Iban well are constantly impressed by the homogeneous quality of their culture. Knowing that the social order and customary law are rooted in Iban religion, A. J.N. Richards, at that time Resident of the Second Division, decided in 1961 to convene in Simanggang a meeting of traditional and religious leaders to discuss the standardization of Second Division (Iban) law, the formal core of the Iban way of life. The meeting, at which I was present, was attended by thirty-five Iban gathered from all over the Division: apart from a few manang ( shaman /healers) (see below, pp. 59-64; also 142 seq.), these were all either recognized community leaders ( penghulu and tuai rumah )--hence also tuai burong in many cases, religious incantation experts ( lemambang ), or, as is not unusual, persons combining more than one office.' §REF§Jensen, Erik 1974. “Iban And Their Religion”, 55p§REF§ We have assumed that the penal code was applied to Iban offenders as well." }, { "id": 97, "polity": { "id": 49, "name": "id_kediri_k", "long_name": "Kediri Kingdom", "start_year": 1049, "end_year": 1222 }, "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": "Law codified by Airlangga who drew together local traditions, however this is not extant. It is unclear when this codified law fell out of use. §REF§(Hall in Tarling 1993, 211)§REF§" }, { "id": 98, "polity": { "id": 50, "name": "id_majapahit_k", "long_name": "Majapahit Kingdom", "start_year": 1292, "end_year": 1518 }, "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": " Hayam Wuruk's court issued legal decrees which are described in epigraphic records. The epigraphic accounting is not a logical legal rendering, but reads as a 'dramatic literary record that tells the story of the eventual winner'. §REF§(Hall 2000, 57)§REF§ Oral tradition continued to be more important than the conduct of justice in Java, however. §REF§(Reid 1988, 137)§REF§" }, { "id": 99, "polity": { "id": 51, "name": "id_mataram_k", "long_name": "Mataram Sultanate", "start_year": 1568, "end_year": 1755 }, "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": " Islamic law (fiqh) used extensively existed alongside older Hindu Javanese adat (customary law) which took precedence. §REF§(Ooi 2004, 219)§REF§ Oral tradition continued to be more important than the conduct of justice in Java, however. §REF§(Reid 1988, 137)§REF§" }, { "id": 100, "polity": { "id": 48, "name": "id_medang_k", "long_name": "Medang Kingdom", "start_year": 732, "end_year": 1019 }, "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": " Airlangga was said to be the first to codify Javanese law in the period after Medang, although there are written legal documents available from the ninth century. §REF§(Christie 1991, 25)§REF§ Written legal documents strongly implies there was a formal law process." } ] }