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Chapter 10 - The judicial system in theory and practice

Published online by Cambridge University Press:  05 May 2014

James G. Keenan
Affiliation:
Loyola University, Chicago
Chrysi Kotsifou
Affiliation:
Van Leer Jerusalem Institute
Joseph Mélèze Modrzejewski
Affiliation:
Directeur d’études à l’École pratique des hautes études, Paris
Bernhard Palme
Affiliation:
University of Vienna
Georg Schmelz
Affiliation:
Universität Heidelberg
James G. Keenan
Affiliation:
Loyola University, Chicago
J. G. Manning
Affiliation:
Yale University, Connecticut
Uri Yiftach-Firanko
Affiliation:
Hebrew University of Jerusalem
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Summary

Introduction

This chapter presents an overview of the relationship between state institutions and the administration of justice. It is a complex topic that changed greatly over the period covered by this volume. There is, thus, considerable development both in terms of bureaucratic practice and also in terms of legal theory. In the case of legal procedure regarding trial proceedings, the Roman evidence is perhaps the fullest. For the Ptolemaic period the process is reasonably clear from the few court records we possess but we have to guess at some of the details.

In ancient Egypt the king was the center of all state institutions, and the guarantor of Maat, that crucial concept of the Egyptian state and of Egyptian law. The term has aptly been translated by Assmann (2002) as “connective justice.” This sense of justice stressed balance or political order, and indeed the concept runs through both state institutions and private morality, binding the king to officials and to all people in Egypt. The concept of Maat and the king as the guarantor of justice prevailed, at least through the second century bc, when the ruling dynasty claimed legitimacy through Egyptian kingship and institutions such as the laokritai.

Type
Chapter
Information
Law and Legal Practice in Egypt from Alexander to the Arab Conquest
A Selection of Papyrological Sources in Translation, with Introductions and Commentary
, pp. 470 - 540
Publisher: Cambridge University Press
Print publication year: 2014

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