TY - CHAP
T1 - Legal procedure
AU - Olivelle, Patrick
AU - Gagarin, Michael
AU - Humfress, Caroline
AU - MacCormack, Geoffrey
AU - Manning, Joseph G.
AU - Wells, Bruce
PY - 2024/5
Y1 - 2024/5
N2 - This chapter examines the kinds of legal procedure adopted by various ancient legal systems to conduct legal proceedings in a court. The areas covered include the constitution of courts, preliminary court proceedings, valid evidence, presentation and evaluation of evidence, and the final verdict, including the possibility of appeals. Discussions include judges and court personnel, the physical space of courts, distinctions between civil and criminal cases, plaint and plea, sureties, and legal representation. Under evidence there is examination of witnesses, documents, oaths, ordeals, torture for evidentiary purposes, and forensic investigation, and punishment for perjury. Once a verdict is reached by the court, there are issues relating to the recording and the enforcement of the verdict. There is wide diversity in the legal procedure recorded in the sources from different legal traditions. Some deal with the topic explicitly, while in others we have to deduce the procedure from material on court cases.
AB - This chapter examines the kinds of legal procedure adopted by various ancient legal systems to conduct legal proceedings in a court. The areas covered include the constitution of courts, preliminary court proceedings, valid evidence, presentation and evaluation of evidence, and the final verdict, including the possibility of appeals. Discussions include judges and court personnel, the physical space of courts, distinctions between civil and criminal cases, plaint and plea, sureties, and legal representation. Under evidence there is examination of witnesses, documents, oaths, ordeals, torture for evidentiary purposes, and forensic investigation, and punishment for perjury. Once a verdict is reached by the court, there are issues relating to the recording and the enforcement of the verdict. There is wide diversity in the legal procedure recorded in the sources from different legal traditions. Some deal with the topic explicitly, while in others we have to deduce the procedure from material on court cases.
KW - Court
KW - Judge
KW - Jurisdiction
KW - Plaint
KW - Plea
KW - Witness
KW - Document
KW - Ordeal
KW - Perjury
KW - Oath
UR - https://doi.org/10.1017/9781009452243
UR - https://discover.libraryhub.jisc.ac.uk/search?q=isn%3A%209781009452243&rn=1
UR - https://www.scopus.com/pages/publications/105014051835
U2 - 10.1017/9781009452243.008
DO - 10.1017/9781009452243.008
M3 - Chapter (peer-reviewed)
AN - SCOPUS:105014051835
SN - 9781107035164
SP - 303
EP - 375
BT - Cambridge comparative history of ancient law
A2 - Humfress, Caroline
A2 - Ibbetson, David
A2 - Olivelle, Patrick
PB - Cambridge University Press
CY - Cambridge
ER -