
It is thought that the laws of ancient Egypt were at least partially
codified. In fact, we learn from one Greek writer that in the Late Period
there were probably eight books that set out the legal code. But nothing
remains of these documents, or for that matter, legal codes from other periods.
However, we can derive some of the laws of ancient Egypt from funerary texts, as
well as court and other documents.
Essentially, we believe that Egyptian law was based on a common sense view of
right and wrong, following the codes based on the concept of Ma'at. Ma'at
represented truth, order, balance and justice in the universe. This
concept allowed that everyone, with the exception of slaves, should be viewed as
equals under the law, regardless of wealth or social position. However, when
punishment was carried out, often the entire family of the guilty suffered as
well. For example, when individuals were sentenced to exile, their
children were automatically outlawed along with them. If a relative
deserted from military service, or defaulted on the labor demands of the state,
the entire family might be imprisoned.
A gold Ma'at
pendant which is currently in the British Museum was probably more or less an
official badge of legal officials. Some statues of high officials from the Late
Period are shown wearing such a pendant. During the Greek period, Greek law
existed alongside that of the Egyptian law, but usually these laws favored the
Greeks. When the Romans took control of Egypt, the Roman legal system
which existed throughout the Roman empire was imposed in Egypt.
However, prior to the Greek period, ultimately it was the king as a living god who was the supreme judge and
lawmaker. Of course much of this power was delegated to others. The legal
and administrative systems seem not to have been well defined, and so at times
anyone in an authoritative position may have made legal judgements. We know that
the king's viziers often acted as judges, and theoretically, anyone with a legal
problem could bring a case before a vizier, though arranging such an audience
with busy, important government officials may have at times been
difficult. But more specifically, we believe that the title, Overseer of
the Six Great Mansions, refers to our modern equivalent of a magistrate.
Mansions probably refers to the main law court in Thebes, though we believe
there were other major courts in Egypt. Minor cases were tried by a local
council of elders and each town or village had its own local kenet in charge of
legal proceedings. Such cases usually involved minor problems, such as default
on loans. Still, the most important matters were probably reported to
the king who would then decide the case and the proper justice.
An interesting variation was that sometimes judgements were made by
divine oracles rather than by human officials. For example, in Deir el-Medina
the deified founder of the village was often asked to decide cases. While
it is impossible to know exactly how this worked, we seems that a document was
made for both sides of the case, and put on either side of a street.
Whichever side the god's image inclined towards was rendered the winner. Also,
specifically during the 21st Dynasty (1069-945 BC), law was given though the
oracle of Amun.
Documentation on prior cases were recorded and retained, and like our own
modern legal systems, these court documents were used as precedent for current
cases. Some of these documents remain, and are some of our best evidence of how
the ancient Egyptian legal system functioned.
Criminal Law
An example of such documentation is the record of the famous trial of the tomb robbers, recorded on the Leopold
II - Amherst Papyrus. This document, now in the British Museum,
records the robbery of tombs during the reigns of Ramesses IX and Ramesses
XI. The thief Amenpanufer confesses before Ramesses IX that "We went
to rob tombs in accordance with our regular habit, and found the pyramid tomb of
King Sekhemreshedtawdy....". While the papyrus documents the thief's guilt,
it does not provide the actual punishment. We also have the Salt Papyrus, which
is a petition of the workman Amennakhte denouncing the crimes of the foreman
Paneb, another papyrus that documents tomb robbery. Tomb robbery was considered
to be one of the most heinous crimes.
Of course, there are any number of other documented legal proceedings. From
these, we know of the punishment in criminal proceedings. For example, from
court documents at Deir el-Medina, we know that punishment for stolen or
embezzled goods might be as simple as the return of the goods with a fine of
twice their value. Simple corporal punishment could involve a hundred strokes of
the cane and in more serious cases, 5 bleeding cuts added, or brands as a sign
of permanent dishonor.
The Pharaoh himself might very well decide the most important criminal cases,
or at other times he might appoint a special commission with full authority to
pass judgement. Depending on the severity of the case, being exiled to Nubia or the
Western Oasis, or sent to to labor in the distant mines or quarries was not
uncommon. Some crimes were punished with mutilation consisting of cutting
off a hand, tongue, nose or ears. In 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.
Civil Law
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.
Continuing Effect
In many respects, the ancient Egyptian laws remain with us today. The
Greek lawgiver Solon visited Egypt in the 6th century BC, studied their law and
adapted many aspects of it into the legal system of Athens. During Egypt's
Greek period, Egyptian law continued to influence the separate Greek legal
system. When the Romans took Egypt, their legal system was effected by
both the Greeks and Egyptians, and today, we continue to implement a number of
aspects of Roman law.