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HOMICIDE IN THE BIBLICAL WORLD generate, create none none on none projects Developing with Visual Studio .NET victim is u none none nstated. There was no public of cial who held the responsibility of charging a person on behalf of a private citizen, nor was the right to make such an accusation limited to the victim s family. What happens in the rest of the process is omitted.

For example, the critical role of the crown, so pronounced in the other Mesopotamian documents we have analyzed in Two, is simply not mentioned explicitly. It may be implicitly assumed in the ascription of so many of the law collections LL, LU, LH, and the Edict of Telepinus to kings. To be sure, the adjudication of homicide was considered important elsewhere in the ancient Near East.

Six out of seven law collections contain statutes on homicide. Homicide provisions were placed at the beginning of law collections, and what is striking is that all but one of the cuneiform law collections for which the beginning of the statute section is preserved start with a statute on some aspect of homicide, whether a general rule, a rule about a speci c type, or a matter of legal procedure.24 The rst statute in the Laws of Ur-Nammu: LU 1 If a man commits a homicide, they shall kill that man.

The rst statute in the Hittite Laws: HL 1 [If] anyone kills [a man] or a woman in a [quarr]el, he shall [bring him] [for burial] and give 4 persons [lit. heads], male or female respectively, and he shall look [to his house for it.] The rst statute in the Laws of Hammurapi: LH 1 If a man accuses another man and charges him with homicide but then cannot bring proof against him, his accuser shall be killed.

A homicide statute is placed at the beginning of the Laws of Ur-Nammu, the Laws of Hammurapi, and the Hittite Laws, but not the Laws of Eshnunna.25 With regard to the Laws of Lipit-Ishtar, unfortunately, there is a sizable gap between the preamble and statute section. Indeed, the beginning of the statute section of LL is missing and, therefore, we cannot know whether LL commenced with a statute on homicide.

26 Homicide as the rst item. 24 Martha T . Roth, Law Collections from Mesopotamia and Asia Minor (contribution by Harry A. Hoffner, Jr.

; SBL Writings from the Ancient World Series; Atlanta: Scholars Press, 1995), 72. 25 LE contains other differences from the other law codes, such as the lack of an apologetic preamble, and may originate in another literary tradition, that of the m sarum edict, which has been welded to that of the codes. See J.

J. Finkelstein, Ammisaduqa s Edict and the Babylonian . Law Codes, JCS 15 (1961), 102.

26 No statute regarding homicide appears at the beginning of the Middle Assyrian Laws (MAL). However, MAL do not appear to be a uni ed collection of statutes..

TYPOLOGIES OF HOMICIDE demonstrate s the importance of statutes against homicide. It also seems to be part of the style of the law collections. The law collections share other stylistic elements: The remedy for the killing of free persons is equally likely to be either compensation or execution, depending on the circumstances, but there is striking uniformity across the law collections for particular groups of cases.

Thus, a ne is the remedy for unintended death caused in the course of an assault, such as a miscarriage or a death caused by an animal. However, this uniformity is not necessarily the case within a single code. For example, the penalties in LH for similar cases are not congruent.

The circumstances in LH 207, the death of a member of the free class from an assault, have an af nity to the circumstances in which a pregnant woman of the free class dies from an assault (LH 210): 207 If [a free man] dies from his beating, he shall also swear [ I did not strike him intentionally ]. If [the victim] is a member of the free class, he shall pay 30 shekels of silver. 210 If [a free man strikes a woman of the free class and] that woman dies, they shall kill his daughter.

The penalties in these similar cases are different: A ne is mandated in the rst case, while in the second case, an execution is prescribed. This is so because death caused in the course of a brawl is punished by a ne in other law collections, while the remedy for the death of a pregnant woman is capital punishment, as is re ected in other law collections.27 The cuneiform law collections draw a distinction between intentionality and unintentionality on the part of the offender in a number of related cases.

LE 47A is located at the conclusion of a series of statutes on bodily injuries and mandates a ne for a death occurring during a risbatum, a brawl. The term risbatum is the third of three terms mentioned in these provisions, s the other terms being suqum,28 literally street (LE 44), and sigi tum, a ght (LE 47). These terms specify the circumstances in which the injury.

may be a di none for none scernible reason for this difference: In LH 207, the accused swears that he did not do the action intentionally. Nothing like this is noted in LH 210. 28 The reading here is dif cult.

Rykle Borger ( Der Codex Eschnunna, in Rechts- und Wirtschaftsurkunden Historisch-chronologische Texte [Texte aus der Umwelt des Alten Tes tament, Band 1/1; Gutersloh: Gutersloher Verlagshaus Gerd Mohn, 1982], 20), and CAD S, 70, s.v. sakapu, read ina suqim.

In his original publication, Emile Szlechter restores it to ina [sa-al-tim], in the course of a ght (Les lois d Eshnunna [Publications de l Institut de . Droit Romain de l Universit de Paris 12; Paris: Centre Nationale de la Recherche Scienti que, e 1954], 28), but rereads it as [i]k-l[u-i-tim], in darkness, omitting ina, in his 1978 publication ( Les lois d Eshnunna, RIDA 25 [1978], 138). This reading is also held by Landsberger, Jungfraulichkeit, 101.

Albrecht Goetze suggests that from the context, the missing signs should indicate something along the lines of altercation, The Laws of Eshnunna (New Haven, Connecticut: American Schools of Oriental Research, 1956), 120..
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