Law in Art -Tansey
October 14, 2005
TO CODE OR NOT TO CODE (ORIENTAL TEMPLE 2ND FLOOR)
Oriental Tradition (homogeneity, hierarchy, cooperation, Saving Face)
 Prevention Not Resolution
 Negotiation Not Confrontation
 The Way (Contemplation), Not Action
What is distinctive in this oriental temple from what we see in the West?
Self-absorption of statues, no signs of violence or martyrdom, highly detailed &
decorated, androgenous (for everyone), focused on teaching
1280 BC to 880 BC: The Laws of Manu
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formed the basis of the caste system in India, where people were
classified by their social standing and regulated almost all facets of
India's society from contracts to criminal law.
used punishment sparingly and only as a last resort and rarely
sadistic. Amputation, though, was a possible sentence.
The members of the higher castes were punished more severely
than those of the lower castes.
6th century BC: Analects of Confucius. Example:
The Viscount of Wei withdrew from the court. The Viscount of Chi became
a slave to Chau. Pi-kan remonstrated with him and died. …
Hui of Liu-hsia, being chief criminal judge, was thrice dismissed from his
office. Some one said to him, "Is it not yet time for you, sir, to leave this?"
He replied, "Serving men in an upright way, where shall I go to, and not
experience such a thrice-repeated dismissal? If I choose to serve men in a
crooked way, what necessity is there for me to leave the country of my
parents?"
[hierarchy] The duke Ching of Ch'i, with reference to the manner in which
he should treat Confucius, said, "I cannot treat him as I would the chief of
the Chi family. I will treat him in a manner between that accorded to the
chief of the Chil and that given to the chief of the Mang family." He also
said, "I am old; I cannot use his doctrines." Confucius took his departure.
536 BC: The Book of Punishments
A legal book printed in China which limited the ways to punish someone
where they had been convicted of a serious crime. They included tattooing,
cutting off of the nose, castration, feet amputation and death.
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246-210 BC: Qin Code. A legalist political vision
Sought to substitute fragmented traditional local practices, left from the
ancient regime of privileged aristocratic lineages.
Dismantled Confucian exemptions accorded to special relationships based
on social hierarchies and clan connections.
Instituted uniform rules for prescribing appropriate social behavior in a
newly unified social order.
604 AD: The Seventeen Article Constitution of Japan. Examples:
"peace and harmony should be respected because they are very important
for intergroup relations";
"There are very few evil men. If we teach them (the Buddha beliefs), they
may become obedient";
"equality, speediness and integrity should be maintained in court
procedures"
"the basic philosophy in all matters should be "against privacy" and "toward
public benefit".
653 AD: T'ang Code
It was not until 221 BC that the king of "Ch'in" managed to defeat the kings
of the other 6 kingdoms and unite China. After 400 years of unification, the
Empire developed a Code of Law called the T'sang Code, which listed
crimes and their punishment in 501 articles. The Code revised earlier
existing Chinese codes and standardized procedures. For examples, there
were only two ways to perform capital punishment on a convicted criminal:
beheading or hanging.
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WHOSE LAW? (BENTON MURALS 2ND FLOOR)Purposes of Law
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transference of property
stability of property
performance on contracts
What are differences in property notions between Indians and Settlers (some evident in
the murals)? Buffalo, land, slaves, religion (missionary purposes over others)
Stability of property depends upon superior technology (ability to enforce law): find
technological differences between Pioneers & Indians: canoes vs. ship, guns v.
tomahawks, uniforms v. nudity, agriculture v. hunter gatherer, houses v. teepee, forts v.
forests for protection
Technological Change also redefines property rights (ie. Napster, Grokster, BetaMax).
Where do we see technological change here? Blunderbuss v. long rifle, colonial clothing
vs. pioneer clothing.
WHAT ARE THE PUNISHMENTS? (Assyrian-Egyptian) 1st FLOOR
What kind of code would be written by a people who would sculpt something like this
Assyrian bas-relief? Hard, cuneiform, religious (God bestows right to rule)
2350 BC: Urukagina's Code
This code has never been discovered but it is mentioned in other
documents as a consolidation of existing "ordinances" or laws laid down
by Mesopotamian kings. An administrative reform document was
discovered which showed that citizens were allowed to know why certain
actions were punished. It was also harsh by modern standards. Thieves
and adulteresses were to be stoned to death with stones inscribed with the
name of their crime. The code confirmed that the "king was appointed by
the gods".
2050 BC: Ur-Nammu's Code
The earliest known written legal code of which a copy has been found.
Archaeological evidence shows that it was supported by an advanced legal
system which included specialized judges, the giving of testimony under
oath, the proper form of judicial decisions and the ability of the judges to
order that damages be paid to a victim by the guilty party. The Code
allowed for the dismissal of corrupt men, protection for the poor and a
punishment system where the punishment is proportionate to the crime.
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1860 BC: Code of Lipit-Ishtar (Nipur, Iraq)
One of the earliest known codes of law. This law is much less severe than
others of this time period as shown in the two following examples:
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If a man married a wife and she bore him children and those children are
living, and a slave also bore children for her master (but) the father granted
freedom to the slave and her children, the children of the slave shall not
divide the estate with the children of their (former) master.
If a man’s wife has not borne him children but a harlot (from) the public
square has borne him children, he shall provide grain, oil and clothing for
that harlot; the children which the harlot has borne him shall be his heirs,
and as long as his wife lives the harlot shall not live in the house with the
wife.
1700 BC: Hammurabi's Code
This Babylonian king came to power in 1750 BC. Under his rule, a code of laws was
developed and carved on a huge rock column. The expression "an eye for an eye" has
come to symbolize the principle behind Hammurabi's code. It contains 282 clauses
regulating a vast array of obligations, professions and rights including commerce,
slavery, marriage, theft and debts. The punishments are, by modern standards, barbaric.
The punishment for theft was the cutting off of a finger or a hand. A man's lower lip was
cut off if he kissed a married woman. Defamation was punished by cutting out the
tongue. If a house collapses because the builder did not make it strong enough, killing the
owner, the builder was put to death. If the owner's son died, then the builder's son was
executed.
When Anu the Sublime, King of the Anunaki, and Bel, the lord of Heaven and earth, who decreed the fate of the land,
assigned to Marduk, the over-ruling son of Ea, God of righteousness, dominion over earthly man, and made him great
among the Igigi, they called Babylon by his illustrious name, made it great on earth, and founded an everlasting
kingdom in it, whose foundations are laid so solidly as those of heaven and earth; then Anu and Bel called by name me,
Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land, to destroy the
wicked and the evil-doers; so that the strong should not harm the weak; so that I should rule over the black-headed
people like Shamash, and enlighten the land, to further the well-being of mankind. Hammurabi, the prince, called of
Bel am I, making riches and increase, enriching Nippur and Dur-ilu beyond compare, sublime patron of E-kur; who
reestablished Eridu and purified the worship of E-apsu; who conquered the four quarters of the world, made great the
name of Babylon, rejoiced the heart of Marduk, his lord who daily pays his devotions in Saggil; the royal scion whom
Sin made; who enriched Ur; the humble, the reverent, who brings wealth to Gish-shir-gal; the white king, heard of
Shamash, the mighty, who again laid the foundations of Sippara; who clothed the gravestones of Malkat with green;
who made E-babbar great, which is like the heavens, the warrior who guarded Larsa and renewed E-babbar, with
Shamash as his helper; the lord who granted new life to Uruk, who brought plenteous water to its inhabitants, raised the
head of E-anna, and perfected the beauty of Anu and Nana; shield of the land, who reunited the scattered inhabitants of
Isin; who richly endowed E-gal-mach; the protecting king of the city, brother of the god Zamama; who firmly founded
the farms of Kish, crowned E-me-te-ursag with glory, redoubled the great holy treasures of Nana, managed the temple
of Harsag-kalama; the grave of the enemy, whose help brought about the victory; who increased the power of Cuthah;
made all glorious in E-shidlam, the black steer, who gored the enemy; beloved of the god Nebo, who rejoiced the
inhabitants of Borsippa, the Sublime; who is indefatigable for E-zida; the divine king of the city; the White, Wise; who
broadened the fields of Dilbat, who heaped up the harvests for Urash; the Mighty, the lord to whom come scepter and
crown, with which he clothes himself; the Elect of Ma-ma; who fixed the temple bounds of Kesh, who made rich the
holy feasts of Nin-tu; the provident, solicitous, who provided food and drink for Lagash and Girsu, who provided large
sacrificial offerings for the temple of Ningirsu; who captured the enemy, the Elect of the oracle who fulfilled the
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prediction of Hallab, who rejoiced the heart of Anunit; the pure prince, whose prayer is accepted by Adad; who
satisfied the heart of Adad, the warrior, in Karkar, who restored the vessels for worship in E-ud-gal-gal; the king who
granted life to the city of Adab; the guide of E-mach; the princely king of the city, the irresistible warrior, who granted
life to the inhabitants of Mashkanshabri, and brought abundance to the temple of Shidlam; the White, Potent, who
penetrated the secret cave of the bandits, saved the inhabitants of Malka from misfortune, and fixed their home fast in
wealth; who established pure sacrificial gifts for Ea and Dam-gal-nun-na, who made his kingdom everlastingly great;
the princely king of the city, who subjected the districts on the Ud-kib-nun-na Canal to the sway of Dagon, his Creator;
who spared the inhabitants of Mera and Tutul; the sublime prince, who makes the face of Ninni shine; who presents
holy meals to the divinity of Nin-a-zu, who cared for its inhabitants in their need, provided a portion for them in
Babylon in peace; the shepherd of the oppressed and of the slaves; whose deeds find favor before Anunit, who provided
for Anunit in the temple of Dumash in the suburb of Agade; who recognizes the right, who rules by law; who gave
back to the city of Ashur its protecting god; who let the name of Ishtar of Nineveh remain in E-mish-mish; the Sublime,
who humbles himself before the great gods; successor of Sumula-il; the mighty son of Sin-muballit; the royal scion of
Eternity; the mighty monarch, the sun of Babylon, whose rays shed light over the land of Sumer and Akkad; the king,
obeyed by the four quarters of the world; Beloved of Ninni, am I. When Marduk sent me to rule over men, to give the protection of
right to the land, I did right and righteousness in . . . , and brought about the well-being of the oppressed.
7. If any one buy from the son or the slave of another man, without witnesses or a
contract, silver or gold, a male or female slave, an ox or a sheep, an ass or anything, or if
he take it in charge, he is considered a thief and shall be put to death.
AFTER LIFE AND THE LAW (EGYPTIAN BAS-RELIEF)
What kind of code would be written by a people who would sculpt something like this
Egyptian bas-relief? What clues do you have here? The focus on the after life,
provisioning for the after life.
1300 BC: The Ten Commandments
According to the Bible, it was in approximately 1300 BC that Moses received a list of ten
laws directly from God. These laws were known as the Ten Commandments and were
transcribed as part of the Book of Moses, which later became part of the Bible. Many of
the Ten Commandments continue in the form of modern laws such as "thou shalt not
kill", "thou shalt not commit adultery" and "thou shalt not steal". The Bible chapter that
contains the Ten Commandments (Exodus) follows the recitation of the Commandments
with a complete set of legal rules, which are based on the "eye for an eye, tooth for a
tooth" legal philosophy of Hammurabi's Code. However, with the breakdown of
government, the enforcer becomes GOD; the advantage of separating the punishment
from the crime in the code.
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SECULARIZATION of THE LAW (Greek Statuette)
Compare the Greek statuette with the Egyptian bas-relief (also the Egyptian statue of a
man). What differences do you notice in style between the Greek and Egyptian? Nudity,
focus on individual, (sophists, stoics, cynics, epicureans), world as it is, truth,
HIPPOCRATES
621 BC: Draco's Law (Athens)
This Greek citizen was chosen to write a code of law for Athens (Greece).
The penalty for many offences was death; so severe, that the word
"draconian" comes from his name and has come to mean, in the English
language, an unreasonably harsh law. The punishment for all offenses was
death. His laws were the first written laws of Greece. These laws introduced
the state's exclusive role in punishing persons accused of crime, instead of
relying on private justice.
600 BC: Lycergus' Law (Sparta)
This King of Sparta (southern Greece) was a renowned lawgiver. His laws
were never written, just transmitted orally and were designed to support the
military vocation of Sparta. It held that women had a duty to have children
and that children born with deformity were killed. Children became wards
of Sparta at the age of seven to prepare them for military duty. The greatest
crime of all was retreat in battle. The Laws of Lycergus controlled virtually
every aspect of the lives of citizens of Sparta.
550 BC: Solon's Laws (Athens revisited)
Solon was an Athenian statesman and lawmaker. He further refined Draco's
laws and is credited with "democratizing" justice by making the courts more
accessible to citizens. Solon was able to appease the poor by cancelling all
debts. It was also common at this time for Athenians to use their bodies and
those of their family to secure loans. Solon outlawed this practice. The
wealthy non-aristocrats were satisfied when he instituted a property
qualification for admission to the archonship, the chief magistracy,
previously the sole prerogative of certain noble families. Among the laws
are the following:
1) A man was permitted to kill an adulterer caught in the act.
2) Fines were levied against men who either forced or enticed a free woman.
3) Men were forbidden to talk evil of the dead.
4) Athenians were permitted to will their estates to people outside of their
family if there were no children.
5) If a man couldn’t find water within a certain distance from his house he
was permitted to use his neighbor’s well
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DEMOCRACY AND THE LAW (Roman senator statue)
What kind of code would be written by a people who would sculpt something like this
statue of a Roman Senator? Wisdom, Living document that accommodates technological
change, every community different, the difficulty of organizing men. The struggle
between democratic and military leadership.
450 BC: The Twelve Tables
Ten Roman men were given wide powers to write the laws that were to
govern Romans. They came up with ten laws to which two were later added.
These laws are considered to form the foundation of all modern public and
private law. They promoted the organization of public prosecution of crimes
and instituted a system whereby injured parties could seek compensation
from their aggressors. More importantly, they protected the lower class
(plebes) from the legal abuses of the ruling class (the patricians) especially
in the enforcement of debts. From that point on, a basic principle of Roman
law is that the law must be written and justice cannot be left in the hands of
judges alone to interpret. It also prohibited inter-class marriages, seriously
punished theft and gave fathers rights of life or death over his sons. The
Twelve Tables also punished the misuse of magic! The laws of the Twelve
Tables are not a comprehensive statement of all law; they are a sequence of
definitions of various private rights and procedures. They generally took for
granted such things as the institutions of the family, and various rituals for
formal transactions. They are somewhat comparable to a Bill of Rights, but
the modern observer must be careful not to project a modern understanding
of rights and government onto ancient institutions and laws. Examples.
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If someone is called to go to court, let him go. If he doesn't go, a
witness should be called. Only then should he be captured. If he
shirks or flees, he should be captured. If illness or old age is an
impediment, let him be given a carriage. If he doesn't want it, it
should not be covered.
If a father sells his son into slavery three times, the son shall be free
of his father.
529: Justinian's Code
This Emperor Justinian after the fall of the Roman Empire codified
Roman Law in a series of books called Corpus Juris Civilis. His collection
served as an important basis for law in contemporary society, and was
inspired by logic-based Greek legal principles. This Roman Code survived
as the many parts of Germany until 1900 and important traces of it can be
found in the law of Italy, Scotland, South Africa and Quebec. Roman law
formed the base of civil law, one of the two main legal systems to govern
modern society in the Western civilization (the other being English
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common law). A quote: "The things which are common to all (and not
capable of being owned) are: the air, running water, the sea and the
seashores."
WHEN LAW BREAKS DOWN (STATUE OF CHRIST)
 Priests as Lawyers
 Freedom is being owned.
 Power of anathema
What are the differences between the Greek &Roman Statues and the figure of Christ?
Focus on ancestors, trappings of power, punishment and fulfillment in the after life.
What is happening to the law? Break down.
WHEN LAW IS REESTABLISHED (MEDIEVAL ARMOR)
Why is decorative, nonfunctional armor needed? Loyalty to the king
1215: Magna Carta
At Runneymede, England, on June 15, 1215, King John of England signed
the Magna Carta in which he conceded a number of legal rights to his
barons and to the people. In order to finance his foreign wars, King John
had taxed abusively. His Barons threatened rebellion and coerced the King
into committing to rudimentary judicial guarantees such as the freedom of
the church, fair taxation, controls over imprisonment (habeas corpus) and
the right to all merchants to come and go, freely, except in time of war.
The Magna Carta had 61 clauses the most important of which may have
been #39: "No freeman shall be captured or imprisoned ... except by
lawful judgement of his peers or by the law of the land". It was the first
time a king allowed that even he could be compelled to observe a law or
the barons were allowed to "distrain and distress him in every possible
way", just short of a legal right to rebellion. Once sworn to the document,
letters were sent to all sheriffs ordering them to read the Charter aloud in
public. It has been called the "blueprint of English common law" and was
even recently pleaded in a English case.
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SECULARIZATION OF LAW (Louis XIV and Napoleon statues)
What is the difference between these two statues and the picture of Christ on the cross?
How does Louis XIV legitimize himself ? (i.e. what symbols is he using)
How does Napoleon legitimize himself ?
1689: The English Bill of Rights
This bill was a precursor to the American Bill of Rights, and set out strict limits
on the Royal Family's legal prerogatives such as a prohibition against arbitrary
suspension of Parliament's laws. More importantly, it limited the right to raise
money through taxation to Parliament.
1776: The American Declaration of Independence
"We the people," starts the Declaration of Independence proclaimed on July 4,
1776. The Declaration was a statement to the effect that "all political connection
between (the United Colonies) and the State of Great Britain is and ought to be
dissolved" and that a new state, the United States, was started. It remains a
remarkable legal document in that it is the first time a government has rebuked the
medieval theory that certain people possessed by right the power to rule others.
"All men are created equal,"rings the declaration, and have "unalienable rights
that among these are life, liberty and the pursuit of happiness. That to secure these
rights, governments are instituted among men, deriving their powers from the
consent of the governed."
1787: The Constitution of the United States of America
The 7 articles of the American Constitution were signed in Philadelphia in 1787
and formed the basis of the first republican government in the world. The
Constitution defined the institutions of government and the powers of each
institution, carefully carving out the duties of the executive, legislative and
judicial branches. The Constitution also declared that it was paramount to any
other law, whether federal or state, and it would override any other inconsistent
law. The American Constitution served as a model for the constitutions of many
nations upon attaining independence or becoming democracies.
1803: Marbury versus Madison
In this case, the Supreme Court upheld the supremacy of the Constitution and
stated unequivocally that it had the power to strike down actions taken by
American federal or state legislative bodies which, in its opinion, offended the
Constitution. This has come to be known as the power of "judicial review". This
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case is considered by the legal profession to be the most important milestone in
the history of American law since the Constitution.
1804: Napoleonic Code
Under the government of Napoleon, France adopted a comprehensive code of law
in 1804 which enshrined many of the victories obtained during the Revolution
such as individual liberty, equality before the law and the lay character of the
state. The Code also incorporated most parts of Roman law. The Code became a
model for civil law systems such as Quebec, California and Louisiana. Perhaps
the most important aspect of the Code was the fact that the law was written (as
opposed to judge-made) and in a non-technical style and thus more accessible to
the public. The Code regulated much of private law matters such as property,
wills, contracts, liability and obligations. Many of its parts are traceable to Roman
law. The French Code inspired similar civil codes in the Canadian Province of
Quebec (1865), Germany (1900) and Switzerland (1907)
USEFUL REFERENCES
Robbins, Sara, ed. Law: A Treasury of Art and Literature. Hugh Lauter Levin
Associates, Inc. 1990
WEBSITES:
Law codes
www.duhaime.org/Law_museum/hist.aspx
Hamurabi Law
www.unesco.org/delegates/iraq/hamurabi.htm - 77k - Cached - Similar pages
Confucius
www.atimes.com/atimes/China/EG24Ad01.html
The Law of the Twelve Tables
encyclopedia.laborlawtalk.com/Twelve_
Athenian and American court systems
www.yale.edu/ynhti/curriculum/ units/1984/2/84.02.08.x.html
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