Some Remarks on Change and Innovation in Ancient Near Eastern Customary Law
Some Remarks on Change and Innovation in Ancient Near Eastern Customary Law
Author(s): Lena FijałkowskaSubject(s): Law, Constitution, Jurisprudence, History of Law
Published by: Wydawnictwo Uniwersytetu Łódzkiego
Keywords: ancient Near East; ancient Near Eastern law; scribes; legal fiction; sham transaction
Summary/Abstract: The article presents the ways customary law could be gradually changed in the ancient Near East. They included working with existing institutions while modifying their consequences as well as their scope of application with tools such as legal fiction. However, the conservative nature of the ancient oriental culture, as well as that of the scribal education made any sudden, radical modification impossible, and even if a new contract type was created, it would keep the pretense of following a long-established practice.
Journal: Acta Universitatis Lodziensis. Folia Iuridica
- Issue Year: 2021
- Issue No: 97
- Page Range: 263-277
- Page Count: 15
- Language: English