GJIMNAZI ERENST KOLIQI WENDI KODHELI DETYRE NE HISTORI 10/QERSHOR 2013
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• Nature and Scope
• It is now generally agreed that the laws were substantially Germanic, although the form in which they were cast was a more or less crude imitation of
Roman codes. Roman influence was generally strong, since German customs had been thrown into new patterns by Roman contacts when these
compilations were drawn up; all except the Anglo-Saxon are in Latin, although interspersed with Germanic legal terms. For the most part, the leges
barbarorum deal with penal law and legal procedure; some of the older ones are merely lists of compositions to be paid for specific personal injuries.
Private and public law are scantily treated. Much material can, however, be found concerning landholding (one of these provisions became the basis for
the Salic law of succession) and the personal relationships that governed public law. A codification was sometimes called a pactus (e.g., Pactus
Alamannorum), because people and ruler cooperated in enactment of the laws.
• The Roman population under Germanic rule continued to live under Roman law, for law was regarded as personal, not territorial. Their law was codified
(the leges Romanae, or leges Romanorum) in the Gothic and Burgundian kingdoms and was applied to Roman subjects and to the church. Another type of
legislation distinct from these was the Frankish capitulary (see capitularies).
• Important Codes
• Probably the oldest Germanic codes is the Codex Euricianus by King Euric, the personal law of the Visigoths; a related code was adopted in 506 under
Alaric II, the Lex Romana Visigothorum, or Breviary of Alaric, for the Roman subjects. Both were later superseded (c.654) by the Lex Visigothorum, or
Liber iudiciorum, compiled under Chindaswinth and Recceswinth; this for the first time applied to Goths and Romans alike. In the 13th cent. it was
translated into Spanish as the Fuero juzgo. The Lex Gundobada (Loi Gombette) was adopted (c.501) for Burgundians and for cases involving both
Burgundians and Romans, while the Lex Romana Burgundiorum (c.506), also from the reign of Gundobad, applied only to the Romans in the Burgundian
kingdom. Because of a mistake in copying, it has come to be known as Papianus, or Papian law; it was gradually replaced by the Breviary of Alaric. The
most accomplished Germanic code was the Edictum Rotharis, promulgated in 643. Together with the Italian legislation of the Holy Roman emperors (the
Capitulare Langobardicum), it became the basis for a renaissance of jurisprudence in Italy and maintained itself till the revival in the 13th cent. of
Justinian's Corpus Juris Civilis, which subsequently spread over all of western Europe; the latter's influence reached to the threshold of modern times.
• As to the Franks and more northerly Germans, their codes were less elaborate and they had none for Romans. Most ancient and also most important was
the law of the Salian Franks, Lex Salica, first compiled (c.508–11) under Clovis I, which exerted great influence, for it was the fundamental law of the
Merovingian and Carolingian rulers and later of the Holy Roman emperors. The Lex Saxonum and the Lex Angliorum et Verinorum probably owe their
compilation to the initiative of Charlemagne; the Lex Ripuaria of the Ripuarian Franks, the Lex Baiuvariorum, and the Lex Alamannorum are distinguished
by inclusions of public law. The most important compilation of northern and central German laws was the Sachsenspiegel. This, originally written (c.1230)
in Latin, was subsequently translated into the vernacular. It showed an earlier stage of development than contemporary treatises in England and N
• “Civil law is thus distinguished from the law of
nations. Every community governed by laws
and customs uses partly its own law, partly
laws common to all mankind. . . . The people
of Rome, then, are governed partly by their
own laws, and partly by the laws which are
common to all mankind.”
• "The law which a people makes for its own
government belongs exclusively to that state
• If you are called to go to court, you must go. If you don’t show up, you can be
taken to court by force.
• If you need a witness to testify and he will not show up, you can go once every
three days and shout in front of his house.
• Should a tree on a neighbor's farm be bend crooked by the wind and lean over
your farm, you may take legal action for removal of that tree.
• If it's your tree, it’s your fruit, even if it falls on another man’s land.
• A person who had been found guilty of giving false witness shall be hurled down
from the Tarpeian Rock.
• No person shall hold meetings by night in the city.
• A dead man shall not be buried or burned within the city.
• Marriages should not take place between plebeians and patricians. (As time went
on, this law was changed. when the tables were first written, this was the law.)
• Every third year roads must be cleared of brambles, weeds and water to prepare for the great assembly.
• The harpist is the only musician who is of noble standing. Flute-players, trumpeters and timpanists, as well as
jugglers, conjurers and equestrians who stand on the back of horses have no status of their own in the community,
only that the noble chieftain to whom they were attached.
• For the best arable land the price is twenty-four cows. The price for dry, coarse land is twelve dry cows.
• For stripping the bark of an oak tree, enough to tan the leather for a pair of woman's shoes, the fine is one cow-
hide. The defendant must cover the bruised portion with a mixture of wet clay, new milk and cow dung.
• If a man takes a woman off on a horse, into the woods or onto a sea-going ship, and if members of the woman's
tribe are present, they must object within twenty-four hours or they may not demand payment of the fine.
• The husband-to-be shall pay a bride-price of land, cattle, horses, gold or silver to the father of the bride. Husband
and wife retain individual rights to all the land, flocks and household goods each brings to the marriage.
• Children shall be sent at an early age to distant members of the tribe to be reared in the hereditary professions of
law, medicine, poetic composition or war, or of tilling the soil and wifeliness. Foster children shall be returned to
their parents at the marriage age : fourteen for girls and seventeen for boys.
• whoever comes to your door, you must feed him or care for him, with no questions asked.
• If your neighbour does not repay the debt he owes you, you may prevent him from going about his daily business.
A white-tie ( for all see) goes on the blacksmith's anvil, the carpenter's axe or the tree-feller's hatchet. He is on his
honour to do no work until he has righted the wrong.
• February first is the day on which husband or wife may decide to walk away from the marriage.
• when you become old your family must provide you one oatcake, plus a container of sour milk. They must bathe
you every twentieth night and wash your head Saturday. Seventeen sticks of firewood is the allotment for keeping
• Ligji kriminal
• Nga dikumentet nw Deir el-Medina, dimw se dwnimi pwr objektin e shpwrdoruar ose tw vjedhur wshtw kthimi i
objektit me njw vlerw 2 herw mw w madhe. Dwnimi fizik do tw pqrfhinte goditje me shkop dhe 5 plagw me gjak
qw simbolizon humbjen e resoektit pwr kwtw person. Edhe vetw Faraoni mund tw vendosw pwr njw cwshtje
kriminale ose edhe tw emwrojw njw komision tw vecantw.. Aplikoheshin dwbimet pwr nw Nubi ose Oaz
Perwndimor, ose dwrgimi pwr nw minierat e largwta. Disa krime dwnoheshin me prerje te dorws, gjuhws, hundws
e veshwve.. Nw raste ekstremeIn extreme cases, capital punishment was inflicted by implement on a stake,
burning alive, drowning or decapitation. Because the guilty had violated Ma'at, it was also assumed the individual
would suffer failure, poverty, sickness, blindness or deafness, with the final settlement awaiting in the Court of the
Dead. It should be noted that, while ancient Egyptian punishment is often seen as barbaric, there was some
support of basic human rights. For example the pharaoh Bocchoris suppressed imprisonment for debt.
• Ligji civil
• Probably one of the most famous cases is that of the the Eloquent Peasant (the Tale of the Eloquent Peasant),
which examines a poor man's search for justice from high officials and the king himself. This particular story was
widely told in the Middle Kingdom of Egypt (2055-1650) and illustrates the point that even the problems of
common peasants were considered important. Although males dominated the legal system in ancient Egypt,
records indicate that females enjoyed considerable rights under the law. Upon an individual's death, property was
often divided equally among both male and female children. woman could own and bequeath property, file
lawsuits, be witnesses in court and file for divorce. Children and the poor had considerable legal rights, and even
slaves were allowed to own property under certain circumstances. Prior to the 7th century BC most contracts and
deeds were oral, but with the advent of the Demotic script, many legal transactions were required to be written,
and these documents give us a better picture of legal proceedings. A plaintiff was required to bring suit, and if the
case was deemed to have validity, the defendant would be ordered to appear before the court. There were no
legal advocates, so both parties would present their own arguments. while witnesses were sometimes called, the
judge would usually rule on the grounds of documentary evidence and the testimony of each party.
• 33. If a . . . or a . . . enter himself as withdrawn from the "way of the King," and send a mercenary as substitute, but
withdraw him, then the . . . or . . . shall be put to death.
• 34. If a ... or a ... harm the property of a captain, injure the captain, or take away from the captain a gift presented to
him by the king, then the . . . or . . . shall be put to death.
• 35. If any one buy the cattle or sheep which the king has given to chieftains from him, he loses his money.
• 36. The field, garden, and house of a chieftain, of a man, or of one subject to quit-rent, can not be sold.
• 37. If any one buy the field, garden, and house of a chieftain, man, or one subject to quit-rent, his contract tablet of
sale shall be broken (declared invalid) and he loses his money. The field, garden, and house return to their owners.
• 38. A chieftain, man, or one subject to quit-rent can not assign his tenure of field, house, and garden to his wife or
daughter, nor can he assign it for a debt.
• 39. He may, however, assign a field, garden, or house which he has bought, and holds as property, to his wife or
daughter or give it for debt.
• 40. He may sell field, garden, and house to a merchant (royal agents) or to any other public official, the buyer holding
field, house, and garden for its usufruct.
• 41. If any one fence in the field, garden, and house of a chieftain, man, or one subject to quit-rent, furnishing the
palings therefor; if the chieftain, man, or one subject to quit-rent return to field, garden, and house, the palings which
were given to him become his property.
• 42. If any one take over a field to till it, and obtain no harvest therefrom, it must be proved that he did no work on the
field, and he must deliver grain, just as his neighbor raised, to the owner of the field.
• 43. If he do not till the field, but let it lie fallow, he shall give grain like his neighbor's to the owner of the field, and the
field which he let lie fallow he must plow and sow and return to its owner.
• when Marduk sent me to rule over men, to give the protection of right to the land, I did right and in
righteousness brought about the well-being of the oppressed.
• Below are situations Hammurabi faced. Decide what you think to be a fair way to deal with the
problem. Then, click to see what Hammurabi declared. would Marduk, the supreme god, be
pleased with your decisions?
• ..................................................... ................
• what should be done to the carpenter who builds a house that falls and kills the owner?
• what should be done about a wife who ignores her duties and belittles her husband?
• what should be done when a "sister of god" (or nun) enters the wine shop for a drink?
• what should be done if a son is adopted and then the birth-parents want him back?
• what happens if a man is unable to pay his debts?
• what should happen to a boy who slaps his father?
• what happens to the wine seller who fails to arrest bad characters gathered at her shop?
• How is the truth determined when one man brings an accusation against another?
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