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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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What is the ancient Near Eastern law code? Is it a code similar to modern one? Or just law collections which consist of decisions made by babylonian king or royal judges? This is the old question unsettled so far not only among assyriologists and sumeriologists but also among many legal scholars.
One group of scholars argued that the code is just royal apologia that was written for the purpose of justifying the ruling of kings of the time, another said that it is just scientific treatise used for educating, and the other argued that it is not a code but just law collections, that is to say, the compilation of precedents. All of these arguments are based on the fact that there is no evidence which proves that the code was cited in the court of the time. However, it is a hasty conclusion because it is possible that citing the code in the court was not necessary in the Near Eastern legal culture.
This paper argued and defended the opinion that the code is law collections.
The code was not just a compilation of unrelated decisions, but systematic construct of precedent used for solve real cases. It was similar to a statute. In England, a statute plays a role of revising the common law and often codifying some of the unwritten law. This is how the babylonian codes functioned.
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