Greek Law Essay Research Paper Greek law

Greek Law Essay, Research Paper

Greek law evolved as a necessary means by which to regulate society’s behavior. What had up until then been left up to the whims of each individual to handle on his or her own was now a product of fair and sensible legal procedure. It can be argued that there was a great need for such a show of order in that there existed little or no conformity when it came to retribution. As Greek law continued to be established, it also became a fundamental part of other areas of life, branching out into political and social implications. In essence, the implementation of Greek law was instrumental in determining that the legal process “only takes on its full meaning in a broadly political context” (Foxhall).

I. SUMERIAN INTRODUCTION TO THE CONCEPT OF LAW

Prior to the Sumerians introduction of the concept of law, the Greeks followed no organizational legal system whatsoever. The ancient Greek population was much more abundant than the Sumerian population. They had large plots of land essentially keeping people separated from one another, there was no real need for the establishment of laws. As the population grew, so did the need for legal regulation. The Sumerians were frightfully aware of the fact that the primary manner by which people were handling their legal disputes was by method of killing. They determined that this was no longer an acceptable behavior for what was to be considered a civilized society of people. Inevitably, the Sumerian ended up with four legal principles:

1. Lex Talions

2. Mediation

3. Legal Inequality

4. Conjunction of Murder and Accidental Death

What was established as the first recognized law came from the fact that revenge played a big role in society’s unruliness. As it stood, a person who killed as a means by which to solve a legal dispute was immediately exiled. Secondly, the Sumerians saw the merit of asking advice from those wiser than the average man, and so it was implemented that an arbitrator would be sought out in times of disagreement. However, this person was not an agency of the state. This method of intervention proved to be quite beneficial for the Greeks. The Greeks were not bound by any law to follow the wise man’s advice but did so out of logic, common sense, and at times– respect. “For the Greeks, law was what separated men from animals (and from women) and was the basis of civilization” (Burt).

II. EGYPTIAN RESPONSE

Egypt, like all the other ancient civilizations, created law “in the image of its own beliefs and needs” (Hibbitts). The Egyptians did not readily accept the Greek connotation of what they felt a legal system symbolized. They were more interested in remaining within their own society’s framework and utilizing whatever form of law they considered appropriate for them. The Egyptians had a concrete legal system with five major areas:

1. Authoritarian

2. Collective

3. Contract Law

4. Legal Equality

5. Criminal Law

They were not very innovative when it came to establishing anything close to the Greek way of law. There was a definite difference between what the Greeks deemed necessary within the confines of legal obligation and what the Egyptians viewed to be the same.

III. HEBRAIC MORAL OBLIGATION

The Hebraics believed they had a moral obligation to at least recognize the concept of law. They were not as disciplined as the Greeks when it came to implementing a legal system. They were still in tuned to the necessity of civilized law. “It can be argued that moral obligation is a considerable force to be reckoned with in light of the pressure it places upon one’s conscience.” It is for this very reason that the Hebraics pursued the aspect of legalities in the first place. It is not easy to assess as to “whether there exists a role for law in moral matters” (McTeer). While one might interpret their desire to live as a morally righteous people as being self-sacrificing, the Hebraics were also very aware of

how integrating some little bit of legal responsibility being morally rightous. The Hebraics realized without a doubt, “reasoning” (Keenan) can be a significantly powerful motivator, working its silent magic to effect change and establish action. One can also argue that it is not difficult to understand the connection between the moral obligation they experienced and the manner in which they implemented the concepts of law. As Keenan described, truths are easily dismissed if they prove uncomfortable or inconvenient to follow.

IV. HELLENICS

The Greeks were responsible for influencing many great civilizations. The Hellenics were one civilization that gathered a tremendous amount of benefit from this influence. In fact, most Political Theorists consider these two civilaztion (the Greeks and Hellenics) to be nearly identical. They demonstrated strengths every bit as prominent as the Greeks. It can be argued that the development of Hellenism was a historical episode “given to modify the whole future of the human race”. “Inasmuch as Alexander created a civilization characteristically as strong as he, the Hellenics stood tall and proud, abiding by a common system of politics and law”. This arrangement was quite reminiscent of the early Greek legal system. It adopted a conformity that was perfectly fitting for the newly estab

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