PHILIP-STEPHAN Alexandra.
State the law in Pharaonic Egypt. Contribution to the study of jurisdictional structures and mechanisms up to the New Kingdom.
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| N° d'inventaire | 14066 |
| Format | 17 x 24 |
| Détails | 336 p., paperback. |
| Publication | Brussels, 2008 |
| Etat | Nine |
| ISBN | 9782874570186 |
In reviewing the numerous studies devoted to Egyptian law, we note that the majority of them do not address the period preceding the 18th Dynasty. It is therefore difficult, if not impossible, to have an overview of the structures and jurisdictional mechanisms before this period. To fill this gap, this work presents an analysis of the judicial apparatus and jurisdictional procedures implemented between the Old and New Kingdoms (2700-1500 BCE).
Thus, by examining the material, mainly prosopographical, it is not only possible to reconstruct the courts and their personnel but also to follow the establishment of a sort of Department of Justice under the Old Kingdom, its disappearance during the First Intermediate Period, then its reorganization in the form of a section dependent on the vizieral office in the Middle Kingdom. By cross-referencing the various sources listed, jurisdictional and extra-jurisdictional (minutes, contracts, wills, donations, royal decrees, autobiographies, epistolary correspondence, etc.), we can better understand the powers recognized by these authorities, the functions exercised by their agents. This also allows us to study the two types of procedure observed by these courts: in fact, if what we call "civil" and "petty criminal" falls under the accusatory procedure, serious cases, linked to the Crown or involving the most eminent figures in the State, give rise to the triggering of an inquisitorial procedure conducted by the king himself or by agents he designates.
Furthermore, this study has made it possible to highlight the role, hitherto underestimated but nevertheless essential, played by certain agents in legal matters, whether it be the sab attached to Hierakonpolis under the Old Kingdom or even of the herald under the Middle Kingdom and the Second Intermediate Period.
Furthermore, among the documentation analyzed, a tablet unearthed in the oasis of Dakhla is of exceptional interest in the field of inheritance law since it reveals the possibility, under the Old Kingdom, of making a will in favor of unborn children, or even those not yet conceived.
In reviewing the numerous studies devoted to Egyptian law, we note that the majority of them do not address the period preceding the 18th Dynasty. It is therefore difficult, if not impossible, to have an overview of the structures and jurisdictional mechanisms before this period. To fill this gap, this work presents an analysis of the judicial apparatus and jurisdictional procedures implemented between the Old and New Kingdoms (2700-1500 BCE).
Thus, by examining the material, mainly prosopographical, it is not only possible to reconstruct the courts and their personnel but also to follow the establishment of a sort of Department of Justice under the Old Kingdom, its disappearance during the First Intermediate Period, then its reorganization in the form of a section dependent on the vizieral office in the Middle Kingdom. By cross-referencing the various sources listed, jurisdictional and extra-jurisdictional (minutes, contracts, wills, donations, royal decrees, autobiographies, epistolary correspondence, etc.), we can better understand the powers recognized by these authorities, the functions exercised by their agents. This also allows us to study the two types of procedure observed by these courts: in fact, if what we call "civil" and "petty criminal" falls under the accusatory procedure, serious cases, linked to the Crown or involving the most eminent figures in the State, give rise to the triggering of an inquisitorial procedure conducted by the king himself or by agents he designates.
Furthermore, this study has made it possible to highlight the role, hitherto underestimated but nevertheless essential, played by certain agents in legal matters, whether it be the sab attached to Hierakonpolis under the Old Kingdom or even of the herald under the Middle Kingdom and the Second Intermediate Period.
Furthermore, among the documentation analyzed, a tablet unearthed in the oasis of Dakhla is of exceptional interest in the field of inheritance law since it reveals the possibility, under the Old Kingdom, of making a will in favor of unborn children, or even those not yet conceived.