It is the fourth stage of codifying the law, as once peoples converted to writing, they began to codify their various aspects of civilized activities, including the law.
- Official and custom blogs:
Some peoples codified their law and issued it in the form of legislation, as happened in Rome, Greece, Babylon and Egypt, and these are the official codes, and others codified it in records made by individuals interested in the law and no legislation was issued by the ruling authority, so he took the form of customary records.
Reasons for codification: The spread of the phenomenon of codification of law in human history is due to several reasons, the most important of which are:
Multiple judges: After the state has expanded and its population has increased, it is impossible in this case for a single person to perform the function of the judiciary in society, and therefore there are multiple judges. Then there must be uniform legal rules to be applied by the various judges, and the easiest way is to write them down
Preserving legal rules from loss and alteration: Before writing, peoples relied on the memory of the elders to know the prevailing legal traditions, which exposes them to forgetting or distortion and alteration, and writing is the best way to avoid this.
Clarifying the legal rules and generalizing their application: The codification of the law is the effective means not only to prove the applicable rules, but to ensure their generalization and put an end to the disputes that may arise about their existence and about their interpretation, so that they are not subject to changing and interpreting them according to the whims of those in charge of applying the law, which ensures its respect.
Dissemination of the law: Another reason for codification is related to the aforementioned reason, which is the dissemination of the law among the people so that knowledge of it is not monopolized by a certain sect among them that applies it and interprets it according to its whims and sectarian and class interests.
The advantages of old blogs: It was distinguished by several advantages, the most important of which are:
- An honest picture of how far society has progressed:
The importance of the old legal codes is not due to the accuracy of their formulation or good classification, as they were far from that. The value of these codes is due to the fact that they give us a true and honest picture of the state of the society in which they appeared, whether from the economic, legal, religious, or political aspects.
In terms of wording:
The formulation of the old codes was characterized in general by following a special arrangement and classification that is far from the usual for us at the present time, and by formulating their provisions in a brief style, almost poetic, in conditional sentences, each of which begins with the conditional tool such as “if, if .. etc.” and ends with the answer to the condition where The judgment and its reward appear, and these sentences are usually formulated with the third person pronoun. This formulation is also characterized by its interest in branches and partial solutions, and rarely contains general principles and principles.
In terms of content:
The content of the old blogs differed according to the state of the people in which they were issued. Some of them were limited to legal rules alone and did not address religion or morals except in a rare few because society had reached - when codification - the stage of separation of law from religion, such as the Romans, Greeks and Babylonians. Others of the codes included a mixture of moral, religious and legal rules because the codification took place at a time when society was living in the shadow of religious traditions and had not yet reached the stage of separation of law from religion, such as the Indians and Jews.
Some of the codes, especially the codes of the first type, were not a comprehensive codification of all the prevailing legal rules at the time of their creation, but rather were limited to codifying some of them, whether to clarify them after they were vague or to put an end to the disputes that arise over their interpretation, but they left the stable, clear, undisputed rules to custom. , such as the law of the Twelve Tablets when the Romans. Other codes - especially those of the second type - included all the rules of conduct in society from human birth to death, such as the Indian law of Manu.
In terms of how much people respect her:
The legal rules contained in the old blogospheres gained a great deal of respect. This respect is not due to people’s fear of the penalty that will be applied to them when they violate it, as much as it is due to the circumstances that surrounded their issuance. Some of them were issued by the gods “such as the Law of Manu in India,” and some were issued by a famous social reformer or a famous political leader “such as the Code of Hammurabi in Babylon and Solon in Athens.” The Law of the Twelve Tablets in Rome.
The most famous old legal blogs:
We cannot discuss all the ancient codes issued in the country, but we will limit ourselves to studying the most famous of them, which are the Code of Hammurabi in Mesopotamia, Bokochoris in Egypt, that is in the East, the Code of Dracon and Solon in the country of Greece, and the Code of the Twelve Tablets in the Romans that are in the West. And the most famous legal blogs in the East
First: Hammurabi's Blog:
Date and place of issuance: This code was issued in Babylon in Mesopotamia (present-day Iraq) during the reign of King Hammurabi. Hammurabi's blog was characterized by several characteristics, the most important of which are:
The most important and most famous and oldest oriental blogs:
It is not the first written law that appeared in Mesopotamia, it was preceded by several codes, but the Code of Hammurabi remained the most important and most famous in the history of the ancient East as a whole. Its importance is due to the fact that it is considered the most important reference for the law that prevailed in Mesopotamia, as well as the influence of the laws of neighboring countries with its provisions, such as the laws of the Syrian coast and the Pharaonic law, according to the opinion of some researchers.
Achieving legal unity:
During the reign of Hammurabi, a single, centralized and strong government appeared that eliminated the governments of the Emirates and the states, and officials appointed by him replaced the princes of the states, and the Akkadian language became the only official language, and the Sumerian language turned into a dead language, and one public religion appeared, which is the religion of Mazdak, the god of Babylon, who replaced the gods of the states. . Thus, all Mesopotamia became a unified nation-state of a Semitic character since the second millennium BC. To complete the achievement of the country's unity, Hammurabi turned to achieving legal unity between all parts of the