Thông tin tài liệu
crime and punishment: primary source documents be drowned Any woman who murders her husband, preceptor, or offspring, sets fire to another’s property, poisons a man, or cuts off any of the bodily joints of another shall be torn apart by bulls, no matter whether or not she is big with child, or has not passed a month after giving birth to a child shall have his tongue cut off When a man other than a soldier steals weapons or armor, he shall be shot down by arrows; if he is a soldier, he shall pay the highest amercement He who castrates a man shall have his generative organ cut off He who hurts the tongue or nose of another shall have his fingers cut off Any person who insults the king, betrays the king’s council, makes evil attempts against the king, or disregards the sanctity of the kitchens of Brahmans Rome 307 From: Kautilya, Kautilya’s Arthashastra, 2nd ed., trans R Shamasastry (Mysore: Wesleyan Mission Press, 1923) The Twelve Tables, ca 450 b.c.e., excerpt TABLE VIII If one has maimed a limb and does not compromise with the injured person, let there be retaliation If one has broken a bone of a freeman with his hand or with a cudgel, let him pay a penalty of three hundred coins If he has broken the bone of a slave, let him have one hundred and fifty coins If one is guilty of insult, the penalty shall be twenty-five coins If one is slain while committing theft by night, he is rightly slain If a patron shall have devised any deceit against his client, let him be accursed If one shall permit himself to be summoned as a witness, or has been a weigher, if he does not give his testimony, let him be noted as dishonest and incapable of acting again as witness 10 Any person who destroys by burning any building or heap of corn deposited alongside a house shall be bound, scourged, and put to death by burning at the stake provided that he has committed the said misdeed with malice aforethought; but if he shall have committed it by accident, that is, by negligence, it is ordained that he repair the damage or, if he be too poor to be competent for such punishment, he shall receive a lighter punishment FURTHER READING Ilias Arnaoutoglou, Ancient Greek Laws (London: Routledge, 1998) George B N Ayittey, Indigenous African Institutions (Ardsley-onHudson, N.Y.: Transnational, 1991) Richard A Bauman, Crime and Punishment in Ancient Rome (London: Routledge, 1996) R S Betai, Evolution of Law and Crimes in Ancient India (New Delhi, India: Bharatiya Kala Prakashan, 2003) 12 If the theft has been done by night, if the owner kills the thief, the thief shall be held to be lawfully killed 13 It is unlawful for a thief to be killed by day unless he defends himself with a weapon; even though he has come with a weapon, unless he shall use the weapon and fight back, you shall not kill him And even if he resists, first call out so that someone may hear and come up 23 A person who had been found guilty of giving false witness shall be hurled down from the Tarpeian Rock 26 No person shall hold meetings by night in the city TABLE IX The penalty shall be capital for a judge or arbiter legally appointed who has been found guilty of receiving a bribe for giving a decision Treason: he who shall have roused up a public enemy or handed over a citizen to a public enemy must suffer capital punishment Putting to death of any man, whosoever he might be unconvicted is forbidden From: Oliver J Th atcher, ed., The Library of Original Sources Vol 3: The Roman World (Milwaukee: University Research Extension Co., 1901): pp 9–11 James Henry Breasted, trans and ed., Ancient Records of Egypt, vol 1, The First through the Seventeenth Dynasties (Urbana: University of Illinois Press, 2001) John A Crook, Law and Life of Rome (London: Thames and Hudson, 1967) Israel Drapkin and Thorsten Sellin, Crime and Punishment in the Ancient World (Lexington, Mass.: Lexington Books, 1989) M Rama Jois, Ancient Indian Law: Eternal Values in Manu Smriti (New Delhi, India: Universal Law, 2002)
Ngày đăng: 29/10/2022, 20:45
Xem thêm:
