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Ancient Law: A historical overview

The history of Western civilization is a grand but tragic drama. The west has brought about the instruments of reason that make possible a rational comprehension of physical nature and human culture. It has formed the concept of political liberty and recognized the inherent worth of the individual. With this civilization, maintaining law and order has always been a struggle. The criminal element has long since been a part of all levels and forms of society. Over the centuries, law has transcended from a brutal, military establishment, to an accepted and necessary means to maintain order in society. It has been influenced by many factors, including religion and politics. The cultural variances of law and legal institution are vast and always changing. This paper will focus on several of these cultures.

Before analyzing the cultural variances and changes of law and legal institutions, there must be an understanding of the meanings of civilization and humanism. Civilization, as defined by historians, first emerged between 5,000 and 6,000 years ago. Humanism has a number of meanings, and because there are so many different meanings it can be quite confusing if you don't kno


The cultures of the past, as well as today's, learn from experience. All aspects of progress, including law, experience growth through trial and error. By looking back at the destruction of war, corruption, evil intent, and plain ignorance, our society, as well as societies of the past, has realized that there is a better way to live (Hemminger On-Line).

Landmark cases have molded the current form of criminal law. One such case, Miranda vs. Arizona (1966), held that statements made by a suspect in a criminal case, who is in police custody, or believes he or she is in police custody during questioning are inadmissible unless the suspect was informed of his or her rights. These rights are: The right to remain silent; that anything they said could be used in court against them; that they had the right to consult an attorney and to have the attorney present during questioning; and that if they could not afford an attorney, one would be appointed to represent them (Krantz & Branham, 1991). Since then, the courts have seen countless landmark rulings on the federal and state level.

The Ancient Egyptian civilization regarded divine kingship as the only acceptable political arrangement for the legal institution. Security and justice were the results of the nation's rule by a god-king. The Pharaoh was seen as ruling in accordance with Ma'at, which means justice, law, right, and truth (Perry, 1997).

With the advent of the Persian Wars, ending in 479 B.C., the laws of Ancient Greece faced certain challenges upon entering the Hellenic Age. The Sophists were traveling educators who wandered from city to city. The Sophists claimed that they could formulate the right laws and policies for cities, as well as the act of eloquence and persuasion (Perry, 1997). Sophists argued that law was merely something made by the most powerful citizens for their own benefit. They attacked the traditional religious and moral values of Athenian society. Some Sophists taught that speculation about the divine was useless; others went as far as asserting that religion was only a human invention to ensure obedience to traditions and laws (Perry, 1997).

basic part of the Western approach to science, political theory, ethics, and law.



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CENTURY LAW, Matthews Platt, Krantz Branham, Henry II, OVERVIEW INTRODUCTION, Ancient Mesopotamia, Crimes Punishments, Age Sophists, France Germany, Cunningham Reich, perry 1997, platt 1992, matthews platt 1992, matthews platt, spielvogel 1997, magna carta, civilization law, middle ages, american revolution, eighteenth century, cunningham reich 1990, branham 1991, krantz branham 1991, 1997 magna carta, 1997 eighteenth century,
Approximate Word count = 3793
Approximate Pages = 15 (250 words per page double spaced)


  

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