Talk about the fact in the introduction that there were no written laws, find that in the intro in the book and include it somewhere...Sources section

Don't capitalize ancient of ancient Egypt

Introduction

               The ancient Egyptians truly understood the absolute importance of law for their society. In fact, Egyptian literature often depicts a flourishing society where citizens abide by the law alongside a chaotic state which would occur if society were devoid of a legal system. Our current society has commended the Egyptians for having such a comprehensive and sophisticated legal society for their time. As summed up well by Breasted, a well-known Egyptologist, "the social, agricultural, and industrial world of the Nile-Dwellers was not at the mercy of an arbitrary whim on the part of either King or Court, but was governed by a large body of long respected law embodying principles of justice and humanity."[1]

               This paper will depict the sophisticated and comprehensive legal system of the ancient Egyptians. Part II of this paper will give a brief synopsis of ancient Egyptian history focusing only on the Old, Middle and New Kingdoms. Part III will also give a summary of the religious aspects of ancient Egyptian society. Both religion and history will allow for a better context by which to understand the ancient Egyptian legal system. Part IV will address the predominant concepts of justice and jurisprudence in ancient Egyptian Law, especially focusing upon Ma'at, the goddess of justice. Part V will depict the legal organization of ancient Egypt and will trace the evolution of the court structure from the Old Kingdom to the New Kingdom. This part will also discuss legal personnel such as the vizier or the head legal officer, judges, and other such personnel. Part VI will depict legal procedures employed in ancient Egypt by depicting the trial procedure, evidence, the appeals process, as well as other procedural aspects of its legal system. Lastly, Part VII will discuss the substantive law areas of ancient Egyptian law including property law, family law, inheritance and succession, crime and tort law, trade law, contract law, and commercial law.

II. The History of Ancient Egypt

               One cannot understand the ancient Egyptian legal system without addressing its history from the Old Kingdom period through the New Kingdom period. The first period or the Old Kingdom spanned from the years of 2755 B.C. to 2255 BC, the Middle Kingdom spanned from 2134 B.C to 1668 B.C. and the New Kingdom from 1570 B.C. to 1070 B.C.[2]

The Old Kingdom History

               The Old Kingdom spanned several centuries and it is known for the period called the Golden Age. The Old Kingdom capital was in the northern part of Egypt at Memphis. During that time, religion also played a role because the pharaoh, also known as the king, operated as the absolute monarch and god on earth.[3]

               The Golden Age began with the third dynasty (2737-2717 B.C.) with Zoser as ruler who emphasized national unity and helped infuse cultural vigor into ancient Egyptian society.[4] Furthermore, he not only built a successful bureaucracy, but he also had the first monumental structure of stone built, the Step Tomb.[5]

The fourth dynasty (2680-2640 B.C.) was ruled by King Snefru and was known for his promotion of commerce and mining and prosperity to his kingdom.[6] His son Khufu succeeded him and was known for building Egypt's most famous pyramid, the Pyramid at Giza.[7] Khufu was succeeded by his son Redjedef who introduced the solar aspect of the culture Ra to the religious and governmental aspects of ancient Egyptian society.[8] The remaining rulers of the dynasty included Khafre who was known for building his mortuary complex at Giza and Menkaure, known for building the smallest of the three pyramids at Giza. All in all, the fourth dynasty was known for reaching a level of development including the incredible engineering of the great pyramids, the first solar calendar created by Egyptian astronomers and the high level of knowledge discovered by physicians in terms of physiology, surgery, and the circulatory system.[9]

However, the Old Kingdom was on its decline due to a decentralization of power which occurred when nonroyal administrators increased their power.[10]  A decrease of power by the monarch was shown by the conspiracy against King Pepi I as well as Pepi II whose power was in the hands of the vizier or the head legal official and chief minister in ancient Egypt.[11] As central authority declined, the nomes or districts were becoming powerful as the nomarchs or the governors of the districts were staying in the same location, rather than being transferred to another district.[12]

The First Intermediate Period

               The First Intermediate Period began with the seventh dynasty during which time competing nomarchs ruled ancient Egypt. Factions of nomarchs from the north and south competed for power.[13] During the ninth and tenth dynasties, the nomarchs near Heracliopolis controlled their area and extended their power north to Memphis and south to Asyut.[14] However, in the eleventh dynasty, the southern nomarchs controlled during this period from Abydos to Elephantine.[15]

               Thus, the first intermediate period led to the beginnings of the Middle Kingdom.

The Middle Kingdom

               After the first intermediate period following the decline of the Old Kingdom, everything was decentralized including religion which was no longer a prerogative of the monarch but was now democratized.[16] However, the lands of ancient Egypt were finally reunified by Mentuhotep II with Thebes as his capital.[17] Mentuhotep ruled for over 50 years and maintained stability within his kingdom by limiting the power of the nomes and the nomarchs.[18] The ruler of the twelfth dynasty, Amenemhet I had a peaceful reign with his capital near Memphis.[19] During his reign he reclaimed national unity, demanded loyalty from the nomes and rebuilt the bureaucracy.[20] He recreated the image of the ruler as a "good shepherd" rather than that of an inaccessible god.[21] After he was assassinated, his son, Sesotris I established trade with foreign lands by sending governors to Palestine and Syria.[22] His son Seostris II initiated a land reclamation program, while his son, the next ruler Seostris III formed an army and divided the administration into three units, each controlled by a vizier.

               After the twelfth dynasty, the thirteenth dynasty was marked by 65 leaders who were all very weak but were still able to control the central government. [23] During the end of the thirteenth dynasty rule, the fourteenth dynasty challenged their power in addition to foreign invaders known as the Hyksos from Palestine.[24] Thus, after a loss of control of power at the hands of both internal and external forces, the Middle Kingdom ended and gave way to the Second Intermediate Period.

Second Intermediate Period

               The second intermediate period began with disunity which lasted around 150 years.[25] The fifteenth dynasty was ruled by the Hyksos who maintained control over the middle and northern parts of the country.[26] The sixteenth dynasty also existed in middle Egypt but was probably subservient to the Hyksos.[27] During the seventeenth dynasty, the ruler Kamos finally defeated the Hyksos and successfully reunited Egypt. When ancient Egypt finally became reunited, the New Kingdom began

The New Kingdom

               The New Kingdom was marked by the seventeenth dynasty, the eighteenth dynasty kings, and the Ramesside period. The seventeenth dynasty was ruled by Ahmose I who reestablished the borders and the bureaucracy of ancient Egyp and revived the land reclamation program.[28] He not only reestablished the balance of power between himself and the nomarchs, but he began to employ women in higher titles and positions.[29]

               The eighteenth dynasty kings were marked by much power as well as peace. This dynasty began with the reign of Amenhotep I who was known for extending Egypt's boundaries in Nubia and Palestine.[30] While the next leader Thutmose I continued strengthening power during the Imperial age and increasing the importance of the god Amos, Thutmose II married the royal princess Hatshepsut to strengthen his claim to the throne and maintained the strength of those who preceded him.[31] When the son of Thutmose II, Thutmose III gained the throne, he was too young, so Hatshepsut  crowned herself as pharaoh and ruled as a ward for twenty years.[32] Finally Thutmose III was old enough to rule, he reconquered both Syria and Palestine. After his reign, the rulers Amenhotep II and Thutmose IV attempted to halt the threats of the Mitanni and Hittite states and did so mainly through the tool of the negotiation process.[33] After these rulers left power, Amenhotep III maintained the balance of power between Egypt and its neighbors as ruler, while Amenhotep IV who succeeded him shortly thereafter was deeply involved in religious reform and abandoned Thebes as capital for Akhetaton.[34] However, Amenhotep IV's son-in-law Tutankhamen decided to reestablish Thebes as capital of ancient Egypt. With the end of Tutankhamen's reign, the Ramesside period began.

               The Ramesside Period began with the ruler Ramses I in the nineteenth dynasty who after two years was succeeded by his son Seti I who had waged wars against Syria, Palestine, the Libyans, and the Hittites.[35] Like his father, Seti I wished to maintain the capital at Pi-Ramesse ( now Qantir).[36] Ramses II, the son of Seti I, ruled for sixty seven years and was responsible for the construction of numerous temples and sanctuaries.[37] He also managed to negotiate a treaty with the Hittites and married one of their princesses.[38] His son, Merneptah defeated many invaders including the Sea Peoples and invaders from the Aegean. Ramses III, a ruler during the twentieth dynasty, marked the end of the New Kingdom due to the loss of power to the priest of Amon and the army.[39] The end of the New Kingdom ushered in the Third Intermediate Period.

The Third Intermediate Period

               The Third Intermediate Period spanned from the 21st to the 24th dynasties. Kings from Tanis in the north battled with the priest from Thebes for power during the 21st dynasty.[40]  The 22nd dynasty was marked by Libyan chieftains as leaders, but the Nubian Dynasty controlled Egypt for the rest of the 22nd dynasty through the 24th dynasty. Thus, this period marked the end of the ancient Egyptian state for purposes of this paper.

III Religion in Ancient Egypt

               Because religion guided every aspect of ancient Egyptian life, it is helpful to look at religion in order to better understand the legal system of ancient Egypt. This particular religion was based upon polytheism.[41]  In predynastic times, the ancient Egyptians worshiped animals which changed to humans once Egyptian civilization evolved.[42] Thus, most of those deities were represented by the human form; for example, "the wolf Ophios became the god of war."[43] These gods had temples which were built for the particular city they represented. The purpose of the temple "was to be a cosmic center by which men had communications with the gods."[44] In addition to the gods, the ancient Egyptians also focused upon a creation story. One such story focused upon the sun-god Ra or Atum who "appeared out of primeval chaos and crated the air-god Shu and his wife Tefnut to whom were born the sky-goddess Nut and the earth-god Geb who bore Osiris, Isis, Set and Nephthys. With the creation came a belief in the afterlife, as the ancient Egyptians believed in life after death and immortality.[45]

               When the predynastic period ended, a national religion formed from local religions, even though this was quite difficult and not fully integrated due to the many gods and beliefs.[46] However, a shift toward a more monotheistic system occurred due to the fact that Amon became Egypt's most important diety.[47] However, during much of ancient Egyptian religious history, ties between the individual Egyptian and the gods were weak, since the king was responsible for communicating and translating the will of the gods.[48] It was also the duty of the king to administer the law, guided by the goddess of justice Ma'at.[49] Religion also contributed in the way of divine oracles, which will be discussed below, where a god would help make judicial decisions.

               Thus, religion was essential to ancient Egyptians and an understanding of religion will provide a basis for a thorough exploration of the ancient Egyptian legal system.  

IV. Predominant Concepts of Justice and Jurisprudence in Ancient Egyptian Law

               Individuals in Ancient Egypt often thought of justice as embodied by the "judgment of the dead." This judgment featured the "god Horus who would weigh the heart of the deceased (which is the "soul" or ba of the Egyptian individual) in the scales against the ostrich feather."[50] The goddess Ma'at who symbolized justice helped Horus in rendering the judgment. [51] The ostrich feather was Ma'at's symbol, as she was depicted as wearing "the feather of truth" upon her head.[52] In the judgment, if the heart weighed heavier than the feather, this indicated that it is heavy with evil deeds.[53] As a result, a special beast would then eat the body and soul of the deceased. However, if the heart balanced with the feather, the "soul [was] full of righteousness, goodness, truth, and justice," and the soul lived forever.[54] Thus, the "judgment of the dead" process symbolized justice. As a result, because such a process stemed from the religious beliefs of the Ancient Egyptians, it was impossible to separate the secular from religious aspects of society when analyzing the Ancient Egyptian legal system.[55]

Ma'at, the goddess of justice

               As already depicted above, Ma'at symbolized justice within the Ancient Egyptian world. Ma'at, the goddess was the daughter of the sun god Re.[56] Not only was Ma'at essential for the judgment process as depicted supra, she acted as a symbol for judges and represented a universal harmony and order within Ancient Egyptian society.[57] "Judges were considered Œpriests of Ma'at'and some wore a small figure of the goddess as pendant around their necks to symbolize their judicial office."[58]  In addition to Ma'at's significance for judges, she most importantly represented the natural order and balance of life in ancient Egypt.[59] She embodied religion, ethics and morality and served as a guiding principle for the many facets of Egyptian life.[60]

               Thus, "to the Egyptian mind, ma'at bound all things together in an indestructible unity: the universe, the natural world, the state and the individual were all seen as parts of the wider order generated by ma'at."[61]

Justice and Jurisprudence: The Other Important Precepts

               In addition to the importance of the ma'at, several other principles within Ancient Egyptian law were essential, including an adherence to tradition as opposed to change, the importance of rhetorical skill, and the significance of achieving impartiality and social equality.[62]

               The Ancient Egyptians were extremely attached to tradition probably due to the fact that the topography of the Nile provided protection from foreign invaders and the fact that the constant replenishing of the river allowed for comfort in everyday life and recurrent rituals and farming practices.[63] This adherence to tradition led to two developments in the law: (1) judges kept records of their decision so that they could be referred to as precedent and as a result (2) Egyptian law did not evolve very quickly.[64]

               In addition to an adherence to tradition, Ancient Egyptians placed an emphasis upon the ability to speak persuasively and skillfully. [65] Many works of the Middle Kingdom "recognized one's ability to speak could make or break a case." [66]

               Furthermore, the Ancient Egyptian legal system, focused upon impartiality and equality. The principle of equality stipulated that "persons who are situated similarly ought to be treated similarly before the law."[67] The concept of legal neutrality originated during the late First Intermediate Period (2200-2040 B.C.) and Middle Kingdom (2040-1674 B.C.).[68] In addition to neutrality, the Ancient Egyptian people developed a legal perspective of equality in the early Middle Kingdom, as shown by the belief that "the creator god stated that he made all men equal in opportunity and that if there [was] any violation of this equality, the fault [was] the man's."[69]

               Thus, the Ma'at, the adherence to tradition, rhetoric, impartiality and equality were all vital concepts in the Ancient Egyptian legal system.

V. Legal Organization and Personnel

Old Kingdom Court Structure (2700-2200 B.C.)

               Most of the information with respect to the Old Kingdom's legal system is quite sparse. However, it is known that the most important government official and judicial administrator in Egypt was the vizier. The vizier was initially chosen from the king's family but then by the 5th Dynasty the vizier did not have to come from royalty.[70] He had the title of "Prophet of Ma'at" and supervised the Six Great Courts, as depicted below.  He also held daily hearings and heard petitions by the poor on a daily basis.[71]

In addition to the vizier, six courts of justice with one chief justice existed which were called the Great Houses.[72] In addition to the chief justice, there was a group of men called the "thirty great men of the south" who served as a judge and a district chief. [73] These judges acted as a justice on one of the Six Great Courts.

               In addition to organization of the higher court system in Ancient Egypt, there were also local administrative districts in Ancient Egypt called "nomes," twenty-two in Upper Egypt and twenty in Lower Egypt. The kings of the 4th and 5th Dynasties "probably appointed a chief administrator for each nome and that administrator who had the title "judge" probably conducted Œtrials' in the nome's own law court."[74] This administrator also collected taxes which were collected in grain, cattle, poultry, and industrial products rather than money.[75] Local courts were not permanent but comprised of local administrative officials in each district who held hearings on a need only basis.[76] "Commissioners of the vizier occasionally traveled to a distant town in order to collaborate with these local courts in rendering decisions."[77]

Middle Kingdom Court Structure (2050 B.C.-1674 B.C.)

               By the Middle Kingdom, the court system of the Old Kingdom had to some degree.[78] The judges changed on a daily basis and some of the administrators within the nomes established law courts which were independent of the courts of the king.[79]

In addition to these differences, while the vizier continued to act as the head court administrator and the "Great Houses" still existed as the higher courts, there also existed "A House of Thirty" and the "Southern Ten" who had myriad executive and administrative commission by the king.[80]

The Court Structure In the New Kingdom (1552 B.C. ­ 1069 B.C.)

               By the New Kingdom, the Southern Ten and the "Great Houses" phased out of existence. [81] However, the local judicial administrators still existed in order to carry out local concerns. In order to create a more efficient judicial system, the king appointed an additional vizier.[82] Thus, there was one vizier in the southern Egypt in Thebes and one in northern Egypt in Heliopolis.[83] These viziers had significant power during the New Kingdom with the South vizier having the most power. These viziers came from the upper class elite of Egyptian society.[84] These viziers maintained all important documents such as land records, wills, census administration and tax registration[85]. Because he was the supreme judge and chief justice for his particular portion of Egypt (either North or South), he led discussions in court and asked the parties in the case more questions than any of the other judges.[86] Lastly, the viziers heard all criminal trials and "decided all cases involving prisoners who were in custody awaiting trial or punishment."[87]

In addition to the creation of an additional vizier, the king also gained judicial power during the New Kingdom. The kings had much power in the way of judicial affairs especially because he exacted punishments for criminals after reviewing a vizier's written report. [88] Furthermore, the king or pharaoh promulgated laws of inheritance, property, and a woman's dowry.[89] The king could act as the ultimate judge in certain circumstances and a normal judge in other circumstances.[90] In addition to acting as a judge, "he selected court personnel, determined the scope of their authority, and maintained the power to legislate on his own."[91]  One of the kings who had the greatest impact upon the court system was Horemhab (1323 B.C.-1295 B.C.). He first established two permanent "Great Courts" one in the North in Thebes and one in the South in Heliopolis which were supervised and managed by the viziers. [92] These "Great Courts" only decided the most important cases and were composed of judges from the upper class elite of ancient Egypt. Horemhab also founded smaller, local courts to serve the needs of the towns and villages.[93] In addition to these courts, there were some judges who traveled to villages which were too small to have their own court.[94] Furthermore, Horemhab went to great lengths to preserve the impartiality of the judge. Thus, in an effort to halt bribery among judges, he did not tax judges on their earnings. [95] Thus, Horemhab had a great impact upon the judicial system in Ancient Egypt.

               Should I include Deir El-Medina? Also, should there be a separate judges section? See what makes sense.

               While judges were extremely crucial to the efficiency of the legal system in ancient Egypt, other court personnel aided the judges in enforcing the laws. The "retainer of the court" or "servant of the court" (smsw n knbt) inflicted penalties such as beatings and other such punishment.[96] In addition to inflicting punishment, these officers also "carr [ied] messages, [ran] errands, and confiscat[ed] items in the name of the court."[97]  Individuals known as doorkeepers served as bailiffs for the court. M'd3yw was the word for "police" or "desert ranger" who acted as policemen and guards throughout Egypt whose primary responsibility was to guard the tombs.[98]  Furthermore, a group known as 3tw acted as detectives, and a group of individuals known as rw Œdw acted as paralegals. [99]

               Thus, the viziers, the king, the other judges, and other court personnel were essential to the effective functioning of the legal system of the New Kingdom of Ancient Egypt.

The New Kingdom and the Popularity of Adjudication by Oracle

               Besides using courts for making decisions, the Ancient Egyptians were also guided by divine oracles. The deities that "made" the decisions were Amenhotep I who rendered decisions in Deir el-Medina, an Ancient Egyptian community or two other deified pharaohs.[100] Oracles mainly decided cases concerning real estate matters and in certain cases named thieves and established the value for certain objects, but not in any major criminal matters.[101] Generally, the oracular decisions were carried out in the following manner: (1) first, the priests carried the statue of the god on a litter (2) then, the priests asked the statue how to decide upon the matter (3) finally, the god gave an answer by inspiring the priests to move in response to questions posed; the god would move backwards for a "no" response and forward for a "yes" response.[102] While most of the oracles operated with the movement of the statue, there is some evidence that the oracle spoke.[103] On occasions where the oracle had to determine the identity of a thief, an official would read a list of houses in the villages, and the oracle subsequently made some sort of movement to indicate that the certain household listed was where the thief resided.[104]

               Thus, both the court system and the oracular system rendered judicial decisions in Ancient Egypt.

VI. Legal Procedure of Ancient Egypt

               Legal procedure was extremely important for the Ancient Egyptians. "The Ancient Egyptians realized that without a formal procedure for resolving disputes, individuals would perceive grave injustice."[105] Thus, the Ancient Egyptians had a process

similar to  "due process."[106]

The Court Calender in Ancient Egypt

With respect to a court calendar, the knbt or court could meet on any day.[107] The scheduling of knbt in order to decide disputes or mdw depended upon the urgency of a case or the availability of officials.[108]  Usually, once a court convened, the trial only lasted about a day.[109] Thus, the court did not have a structured approach to scheduling trials and hearings, as they were determined on an as needed basis.

The Importance of Precedence for the Ancient Egyptians

               The Ancient Egyptians adhered to precedence due to their great respect for the past.[110] Hence, they depended upon custom and precedent in order to make decisions in their cases.[111] Written records of each decision were kept so that judges could refer to them as precedent. As aptly put by the vizier Rekhmire, "As for the office in which you hold audience, it includes a large room which contains [the records] of [all] the judgments, for he who must practice justice before all men is the vizier..Do not act as you please in cases where the law to be applied is known..."[112]

Outlining the Legal Procedure

               The legal procedure in ancient Egypt differed for criminal cases as opposed to civil cases. For criminal cases, a local official first discovered a potential criminal act, then reported it to the vizier, and then obtained investigators to find out more details.[113]  The investigators then escorted suspects to the riverbank for questioning.[114] After the investigation, the state then took over the investigation and conducted an investigation in order to identify suspects.[115]  After the suspect was identified, the vizier then scheduled a trial in order to prosecute the suspect.[116] The trial began with the vizier and the judges acting as the state official who prosecuted the suspect.[117] In essence, the judges all acted as prosecutors. At the opening of the trial, the accused had to plead guilty or not guilty.[118] Just as in our legal system, the accused was innocent until proven guilty.[119] If the accused would not plead guilty and the prosecution could not find any evidence proving that he or she committed the crime, then the accused was freed after they plead an oath of innocence.[120] During the trial process, the judges would ask probing questions which included asking a defendant whether he could produce a witness who would act as an alibi or support his innocence.[121] The judges "extensively questioned criminals in an attempt to elicit accomplices, amounts stolen, the modus operandi, and the whereabouts of the plunder."[122] They were not confined to "step by step questions" but could also ask "open-ended questions."[123] After the judge questioned thoroughly in an attempt to resolve questions of fact, the court rendered its decision.[124] The court would then implement the sentence unless the case was extremely serious in which case the vizier or pharaoh would make the final determination.[125]

On the other hand, for a civil case, victims in civil cases had to bring their defendants to court.[126] First, an individual needed to file their lawsuit with the vizier by submitting a petition.[127] The vizier would then address each case on a first come first serve basis.[128] The vizier would then analyze the petition and decide whether or not the petition was legally sufficient. If the petition was legally sufficient, the vizier then notified the defendant who would then file an answer to respond to the plaintiff's complaint.[129]  The plaintiff could then respond to the defendant's answer, and the defendant could then respond to the plaintiff's reply.[130] After receiving all of these responses, the vizier then conducted a hearing where he would ask questions of both the defendant and plaintiff.[131] After asking myriad questions of the matter, the court would then declare its ruling and would deliver their verdicts in terms such as "A is right, B is wrong m3't A Œd3 B."[132]

               Thus, Ancient Egypt had distinct procedure for both criminal and civil trials.

The Use of Evidence in the Ancient Egyptian Legal System

               The ancient Egyptians strove to obtain evidence but often had difficulty with acquiring quality evidence.[133] Courts considered documents and witness testimony as evidence, placing a preference upon witness testimony over documents.[134]

               Witnesses were essential evidence for court trials in ancient Egypt. Judges found it important to put witness testimony into writing.[135] Furthermore, courts found it relevant as to how many witnesses a party had, but credibility and quality was more important than quantity.[136] Unfortunately, witnesses were not treated with respect, and court personnel beat and tortured witnesses.[137] For example, in the case of the Great Tomb Robberies under Ramses IX, "officials bound the hands and feet of at least one witness, beat him with a stick, and forced him to swear an oath or else suffer mutilation."[138] In the case of the actual defendant testifying, the accused sometimes confessed to a crime not due to actual guilt but because the accused was severely tortured.[139] In the case of witnesses and defendants, torturing witnesses served to warn witnesses not to perjure and not to bring forward frivolous suits.[140] In order to prevent witnesses from lying besides threatening them with torture, witnesses had to take an oath, or Œnh in Egyptian, promising not to commit perjury.[141] In the actual trial, judges decided based upon whether they thought a certain group of witnesses were telling the truth or not. [142] Interestingly enough, witnesses testified more on behalf of the prosecution than the defense.[143] However, when defendants actually had witnesses, the courts tended to believe that they were innocent.[144] Thus, witnesses served as important evidence, even though they may have not been respected.

               Unlike witnesses who were used primarily in criminal cases, courts more readily utilized documentary evidence in civil cases than criminal ones. Judges deemed documentary evidence as essential in establishing facts.[145] Witness testimony was used in order to corroborate such documentary evidence.[146] For example, in the property dispute of Mose, the vizier examined title deeds. When officials who investigated these deeds decided to falsify these documents, Mose brought in witnesses swearing to his lineage and swore "that his father had cultivated the land in question and had paid taxes."[147]

               Besides using witnesses and document as evidence, the Egyptians also conducted searches of homes and visited crime scenes.[148] In order to obtain additional evidence, judges would ask the accused to go to a crime scene with him and ask specific questions about the alleged crime committed.[149]

Procedure in Special Courts

               Special courts were called forth by the pharaoh on an ad hoc basis. Three kings had special courts: Pepi I, Ramses III, and Ramses IX.[150] Usually, special commissions were appointed in order to investigate the particular crime. For example, for the Royal Tomb Robbery cases, the pharaoh created a special commission to investigate the robbed tombs, determine suspects and then arrest them.[151] The vizier and his investigators would interrogate the suspects, and then the pharaoh would ultimately order the punishment.[152] Thus, special courts would be called on an occasional basis in order to prosecute severe crimes.

The Appellate Process in Ancient Egypt

               Throughout the time of ancient Egypt, it did not seem as if there was any sort of higher appellate process.[153] Parties really had one chance to bring forth their case; however, they could have a court hear their case again if new evidence came to light.[154] It was not until the 22nd Dynasty, at the end of the ancient Egyptian period, that the Egyptians finally instituted appeals in both the criminal and civil processes.[155] Even though such a process exited, it did not seem that it had much of an effect on the administration of justice. Thus, the appellate process in ancient Egypt did not have much of a role in its legal system.

Enforcement Legal Mechanisms in Ancient Egypt

               The Ancient Egyptians generally had poor enforcement of decisions.[156] In fact, "the knbt had very little actual power to enforce its decisions [for] it relied on its prestige for its effectiveness, and on the fact that the entire village was often witness to the legal proceedings which probably put considerable social pressure on the litigants to abide by the court's decision."[157] However, in the later second century B.C. a bailiff could enforce judicial decisions with punishment.[158] While the enforcement system may have improved with the creation of the bailiff position, the Ancient Egyptian system still struggled to enforce judicial decisions.

VII. Substantive Law in Ancient Egypt

Property Law in Ancient Egypt

               Ancient Egypt depended upon agriculture for subsistence.[159] Furthermore, Ancient Egypt also had very limited land for cultivation due to the fact that most of land was dry desert.[160] As a result, there were many property disputes. [161]

               In the pre-dynasty period (4500-3150 B.C.), scholars have argued as to whether private individuals or the king owned real property in ancient Egypt.[162] However, by the 2nd dynasty, even though the land may have been owned by the state, Ancient Egyptians used real property as if they owned it themselves.[163] Many scholars claim that during this period, the "existence of private property was one of the first things guaranteed by the state."[164] Property could be owned jointly by two persons and even women could buy, sell, and own property.[165]  Even so, of the land owned by individual land owners, male property owners owned 89.2 percent of the land, while female property owners owned 10.8 percent of the land. [166] There were many "smallholders" of land which included "slaves, women, goatherds, priests, stablemasters, tenant farmers, soldiers, scribes etc."[167] However, the state and temples owned most of the land.[168] Temples owned about 90 percent of the total land in Ancient Egypt which at the time amounted to three-quarter of a million acres.[169] Even though the temples owned most of the land, the individual property owners were responsible for cultivating the land.[170] Individual land owners tended to run "small to medium farms on a sharecropping basis."[171]

               Thus, the land in Ancient Egypt was owned by the state and individual land owners.

Important Principles of Property Law in Ancient Egypt

               The most essential property right in Ancient Egypt was a natural right theory of property.[172] This principle states that labor can create a property right which is a concept utilized by the Romans and John Locke. [173] In addition to this essential precept, bailment contracts were also very important in Ancient Egypt as they depicted a property transfer, involving a transfer of possession but not a transfer of ownership.[174] With respect to such contacts, the Ancient Egyptians were able to use the property without the benefits of reaping "fruits" from the property and also could not destroy or alter such a property.[175] Like the natural theory of property, bailment contacts in Ancient Egypt were also utilized by the Romans.

               Furthermore, Ancient Egyptians also recognized the concept of life estate and easements.[176] In Ancient Egypt, a life estate not only allowed an Egyptian to transfer property for the term of his or her life but it also created a trust because "the transferee [would] pass along the subject property to someone else at the end of his (the trustee's) life."[177] In addition, Ancient Egyptians have also recognized the concept of easement or the right to enter or use another's property. In some cases, courts allowed an individual to utilize an owner's land.[178] In addition to easements, landowners had various other rights and duties such as leaving a suitable amount of space between his neighbor's house and the one that he was building, not allowing water drain to discharge water onto his neighbor's property, and not constructing a doorway in a way that interfered with his neighbor's use or enjoyment.[179]

               Thus, landowners had many rights and duties due to the fact that the Ancient Egyptians were among the first people that recognized the alienability of property rights which were intangible.[180]

Sales and Lease of Land in Ancient Egypt

               The Ancient Egyptian legal system had myriad laws with respect to the sale of real property.[181] The Egyptians used the term imyt-pr for a real property deed of conveyance.[182] Such a document included a description of the property as well as the price paid for the property.[183] After the document was drafted, the seller would transfer the written deed to the buyer so he had proof of his ownership. Later in the Ptolemaic Period (304-30 B.C.) a seller transferred title by two documents rather than one.[184] One of the documents was a "document in exchange for money," while the other was a "document of being far" in which the seller promised to forgo contesting the buyer's rights.[185] In addition to creating these two documents, such documents were then executed in the presence of witnesses and then recorded in a public archive.[186] In addition to regular transfers, the vizier required that inter vivos (among the living) transfers had to be registered with him in the State archives.[187] The vizier required the impyt-pr to be taken to his office, witnessed and recorded there, and the vizier would then issue new land titles.[188] After filing such a transaction, officials then knew who was responsible for paying property taxes.[189]

               In addition to laws for the selling of land, the Law Collection of Hermopolis had myriad provisions which discussed lease law.[190] It addressed the lease of an agricultural field, a house, a brewery, etc.[191] A typical lease which was usually in writing stated the names of the parties and a description of the property. [192] For an agricultural field lease, the lessor was supposed to provide the lessee with seed corn, and in exchange the lessee cultivated the land.[193] In addition, the lessee also paid rent which was usually paid with grain from the harvest in the case of an agricultural field.[194] In terms of repudiation of the lease, if the landowner repudiated the lease after the lessee had planted but before he had actually cultivated, the landowner had to pay one-fourth of the yield, as liquidated damages.[195] However, if the lessee had repudiated after irrigation, he was obligated to return the seed corn and pay full rent.[196]

               Thus, the Ancient Egyptians had detailed laws regulating leases and sales of land.

Taxation of Property in Ancient Egypt

               Because land in Ancient Egypt for the most part was considered privately owned, payments on the land were made as "taxes" rather than "rents."[197] The most commonly levied tax on Ancient Egypt was the property tax, since the pharaoh taxed real and personal property.[198] Egyptians paid their taxes in the form of grain, labor, and agricultural commodities.[199] By the end of the Middle Kingdom and certainly by the New Kingdom, tax lists were recorded in the State treasury called the "White House," and the Wilbur Papyrus recorded taxes levied upon farmland. [200] These taxes were essential for a prosperous economy in Ancient Egypt because they allowed for "the growth of temples and construction projects." [201]If individuals failed to pay taxes,  "certain functionaries called Œdoorkeepers' carried staffs and Nubians wielded palm rods with which to beat people who failed to pay their taxes."[202]

               In terms of administering taxes, the vizier was responsible for taxation in Ancient Egypt.[203] In the Old Kingdom, each nome or district distributed taxes collected to the central State government.[204] In the Middle Kingdom, there were two districts which administered taxes one in the north and one in the south.[205] Furthermore, while the vizier dealt with taxes upon gold, silver, textiles, and cattle, mayors collected payments in grain.[206] For example for real property taxation, the written tax form written by the scribe contained the size of plots in black ink and the assessed values and tax assessments in red ink. [207] Tax assessors determined property valuation for taxation purposes on factors such as the location of property, owner's occupation, the relative irrigability of land, and the harvest yield rate of the land.[208]

               In addition to the administration of taxes, the Ancient Egyptians also had tax exemptions. Nomarchs, judges, temples, pharaohs, and state owned property were not taxed. The pharaoh purposely did not want to tax judges so that they would have an incentive not to take bribes since they could take advantage of their entire salary.[209]

               Thus, the Ancient Egyptians placed great importance on their taxation system so that they could support the government and its projects.

Family Law in Ancient Egypt

               The basic social unit in Ancient Egypt was the nuclear family which comprised of the father, mother, and the children.[210] Men usually had only one wife, and she was the mother of his children.[211]

Laws with Respect to Marriage in Ancient Egypt

               In terms of marriage, it did not seem that the Ancient Egyptians had formal requirements for marriage, and they did not have legal or religious rituals to commemorate the marriage.[212] Usually the bride and groom who became husband and wife were of the same social standing.[213] Furthermore, the standard age of marriage for women was barely past 14 and for men around twenty years of age.[214] While men on a whole had only one wife, some nobles and royalty had more than one wife or had a harem of women living in the household.[215] Furthermore, a king could have married his own daughter, and a royal brother and sister could intermarry.[216] However, if individuals were not royal, sibling marriages and father-daughter marriages were uncommon. Marriages between uncles, nieces, cousins, and half-siblings were legal.[217]

               As part of the marriage commitment, the bride and groom exchanged property in order to symbolize starting their lives together.[218] The groom transferred property called the sp (usually a small amount of corn) to the bride's father in order to sever the link between a woman and her family.[219] However, later in Egyptian history, the groom gave this sp directly to the wife.[220] In terms of his wife, she usually gave three types of property to the husband:" (1) a dowry (2) her personal effects (3) funds for her maintenance and the maintenance of her children."[221] The bride's dowry had a much higher value than the sp.[222] Her personal effects such as a bed, clothing, mirrors were controlled by her husband, meaning that he could do whatever he wished with these items.[223] She also gave her husband s'nh, money given to him so that he would support her and their children throughout the marriage.[224] Like her dowry and her personal effects, he could do whatever he wished with this money.[225] Furthermore, when husband and wife purchased property together, they owned it jointly.[226] Though the wife owned one-third of the property, the husband owned the other two-thirds of the property.[227] However, the wife did not have control over her part of the property until the marriage came to end either by death or divorce. Husbands and wives had annuity contacts which depicted the husband's obligations in supporting his wife.[228] In addition, these contracts also addressed the disposition of property and property rights in case of a divorce.[229]

               In addition to marriage contracts and other property matters, Egyptian laws also prohibited domestic violence in that a woman had the right not to be abused by her husband.[230] However, no texts to this date discuss what became of a man when he committed abuse against his wife.

               Thus, Ancient Egyptians had some laws with respect to marriage contracts, property ownership and domestic violence.

Divorce Laws in Ancient Egypt

               Many marriages in Ancient Egypt ended in divorce with the inability to have children as one reason for seeking divorce.[231] Both husband and wife could sue each other for divorce.[232] Upon divorce, the husband usually had to return "(1) the sp (2) her dowry (3) her personal effects (4) the funds given to him at the beginning of the marriage for her maintenance and the maintenance of her children and (5) one-third of all property that he acquired during the marriage."[233] Furthermore, the wife usually did not have to make any payments when she sued for divorce.[234] However, if the wife committed adultery, the husband was not required to make any payment to her.[235]  If the husband or wife was at fault in terms of divorce, she or he had to give over his or her share of the property acquired during the marriage.[236]

               In terms of remarriage, when a man remarried another woman, he was required to make another annuity contract.[237] Because he created a new contract, the children usually lost a great amount of the inheritance to the second wife and her family, and as a result, usually sued.[238]

               Thus, just as in American society, the Ancient Egyptians had myriad laws for divorce.

Children in Ancient Egypt

               Egyptian children were expected to respect their parents and provide them with affection.[239] The eldest son usually administered the funds of the joint property when the father died, and usually became the head of the family.[240] Furthermore, the children had a duty to care for the funerary rights of their deceased parents.[241] Even though children had many duties to their parents, ancient Egyptian family law allowed for the parents to unilaterally dissolve ties with their child or children, if they so wished.

Inheritance and Succession Laws

Intestate Succession Laws in Ancient Egypt

               Ancient Egyptians had intestacy laws where "children inherited equal shares of their parents' estate."[242] Property passed in this manner: first to the children, then to the decedent's siblings, then to the deceased's parents.[243] Ironically speaking, a wife and husband usually did not inherit from each other.[244] Even though children supposedly inherited the property from the parents, preference was given to the eldest son because of the fact that he would attend to the estate and take care of the mother, brothers and sisters.[245] However, even though the eldest son would manage the property for the children as a whole, the children still had joint inheritance of the property because public policy desired for "real estate to [pass] undivided in inheritance."[246]

Testate Succession

               Ancient Egyptians drafted wills to avoid intestate succession so as to "transfer either real or personal property and other forms of wealth to persons."[247] In order to make a valid will, the will had to be recorded in the vizier's office, though it was not known whether there had to be witnesses present in order for the will to be valid.[248] Wills could also be amended, and they were considered revocable because a will did not come into effect until the testator's death.[249] An Egyptian could revoke a will by a second will but other methods of revocation were not known.[250]

               In addition to written wills, Ancient Egyptians also had testamentary declarations in court which in essence would act as a "will."[251] "It consist[ed] of an oral deposition made by the party made before the court or witnesses and written down by a professional scribe."[252]

               In addition to testamentary declarations, Egyptians also utilized adoption for those who wished to have a legal heir. In order to legalize an adoption, the individual or individuals who wished to adopt merely had to state his or her intent to adopt in front of witnesses.[253]

The Role of The Trustee in Ancient Egyptian Law

               The eldest son usually acted as trustee by administering funds of the joint property if the father had passed away.[254] However, if the eldest son did not act as a trustee and the deceased failed to appoint any other individual, an administrator was appointed by the court.[255] Such an administrator was "legally bound to preserve the principal of the estate as if he were the deceased father himself."[256]

Inheritance of Offices in Ancient Egypt

               While real and personal property could be inherited in Ancient Egypt, offices such as the vizier and nomarch could be inherited. Either the oldest son or the nomarch's eldest grandson most likely inherited the office of normach.[257] However, it was a possibility that the eldest daughter ruled the nome until her son reached an age when he had the ability to rule.[258]

               Thus, the Ancient Egyptians developed a sophisticated body of inheritance and succession laws.

Crime and Tort Law in Ancient Egypt

               In general, the Ancient Egyptians did not really distinguish between tort and crime as we do in current society.[259] However, one way to distinguish between tort and crime is by looking at the punishments meted out for a tort as opposed to a crime. Monetary payments to the victim directly are associated with torts, while corporal punishment or fines paid to the State are associated with crimes. [260]

               Some of the crimes and torts common in Ancient Egypt included: "murder; theft; making threats; inciting riot; falsehood; eavesdropping; self-pollution; conspiracy to commit murder; diminishing food in temples; stealing the food offerings of the dead; adultery; misrepresenting the grain measure; misrepresenting measurements of length in commercial transactions; misrepresenting measurements of land in real estate; misrepresenting weights in commercial transactions; stealing cattle; snaring sacred birds; catching fish in pools; diverting water from a neighbor's property to one's own; withholding herds of temple endowments."