Writing Laws in Antiquity / L’écriture du droit dans l’Antiquité

Abstract

Scholars since the 20th century have approached comparative studies of ancient laws from diverse backgrounds. Recent scholarship has particularly emphasized the distinction between “difference” and “similarity” through diachronic and synchronic studies. This volume follows this sort of methodology.This book is an edited work written by seven scholars. Originally, these seven articles (four in French and three in English) were delivered at a conference held at the University of Lausanne in 2011. The articles focus on questions concerning the codification of ancient written laws and their “functions.” They are divided into two parts in this book: “Codes, Codification and Legislators,” and “Writing Ritual Norms: Meaning and Functions.” The first four articles discuss the creation of legal collections in Mesopotamia, Greece, Israel, and Egypt, respectively. The remaining three essays address issues related to the codification of ritual laws in Greece and Israel.The first part begins with an article by Sophie Démare-Lafont. She surveys the uses of terms such as code and codification as applied to the Mesopotamian laws by early Assyriologists such as Vincent Scheil, G. R. Driver, John C. Miles, and Jean Bottéro, as well as more recent scholars such as Martha T. Roth. Démare-Lafont argues that ancient Mesopotamian laws are compilations of existing laws, comprehensive sets of norms of legal decisions, and that these laws function as a principle of subsidiarity for local rules and customs. The second essay, by Françoise Ruzé, discusses codification in ancient Greece (mainly, legal collections between the seventh and the fifth centuries BC) and the possible complementary functions between written and oral laws. In the third essay, Gary N. Knoppers explores the analogies and contrasts between lawgivers in ancient Greek and the Mediterranean world, specifically Moses (the lawgiver of the Torah) and Greek lawgivers. The comparisons are significant and call for further investigation of the larger Mediterranean context. The section concludes with Sandra L. Lippert, who suggests that the compilation of a law collection in Egypt under Darius I was first translated into Aramaic in the Persian period, later into Greek under the Ptolemies, and continued to be copied into the second century BC.The second part of the volume opens with an essay by Pierre Brulé, who discusses the distinction and relationship between hiéra and hosia in sources describing the function of deliberative assemblies in Greek cities. The author concludes that, while the term hosia appears to denote human matters and hiéra divine matters, these terms cannot be mapped onto an explicit binary as “sacred” and “profane.” The next essay, by Anselm C. Hagedorn, compares Greek and biblical laws in relationship to their differences in divine authorship. Greek gods were never presented as the authors of the written laws, whereas Yhwh takes an active writing role in the Pentateuch. The latter moves beyond the Greek world and serves as the basis for a national identity that marks the greatest distinction between the two cultures. The final essay is written by Jan-Mathieu Carbon and Vinciane Pirenne-Delforge. They reassess the “sacred laws” in ancient Greece and suggest, through a comprehensive reexamination, that “ritual norms” can be a better descriptor than “sacred laws.”In terms of the geographic proximity and the contacts in history, it is not surprising to see similar subject matter, type of authorship asserted, and methods of compilation among these ancient written laws. The suggestions of borrowing and interaction are highly possible. Personally, I find that the most interesting facet of comparative studies of ancient laws is the study of differences rather than parallels. Differences often show the specific purposes of a legal collection within a society or religious community. The various essays in this book highlight such differences and thus suggest their possible function.I particularity appreciate the authors’ clarification and discussion of common terminology in the study of the ancient laws. The last part of the introduction gives clear guidelines for future discussion, which is helpful. For those who are interested in the comparative study of ancient Greek laws and other counterparts, this book provides fascinating discussions and potential directions for further study.