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26 Georges using barcode maker for .net control to generate, create upca image in .net applications. PDF-417 Boyer, Textes j UCC - 12 for .NET uridiques et administratifs (TCL 29; ARM VIII; Paris: Paul Geuthner, 1957), 168..

LEX TALIONIS authorization o UPC Symbol for .NET f my lord, I cannot do anything. 27 31 Now, may my lord look favorably upon the matter which I have done according to my lord s order.

. . .

Without my lord s authorization, I cannot do anything. 32 34 . .

. Here again, d n napi tim signi es a pecuniary penalty. It is not only these s letters from Mari that assume that the penalty is a ne.

In the legal records from Mesopotamia as well, the penalty for a homicide is nancial.27 We have come across many different penalties for homicide. Recourse to compensation in place of capital punishment has inspired theories on the historical development of the treatment of homicide in the ancient Near East.

G. R. Driver and John C.

Miles suggest a historical process in which a blood feud ensued when a member of one family injured another: The community, which could be affected by the loss of ghting men, limited the vendetta by ending it when the killer himself was killed or by providing an alternate remedy in compensation.28 This principle was then extended to limit liability to the actual injury incurred. Eventually, compensation became the preferred penalty.

29 Driver and Miles base their explanation upon one of the most in uential theories of legal evolution, the self-help model developed in the late eighteenth and the nineteenth centuries.30 This theory attempted to answer the question of whether there were evolutionary patterns in law, by which societies move from one de nable stage with particular institutions to another de nable stage with particular institutions. The self-help model presumed that in the earliest period of human existence, violence was prevalent but not chaotic.

Violence was organized by a rule-bound system of vengeance. The earliest states were established in an effort not to eliminate this violence but to supervise and institutionalize it. There were four stages postulated in.

27 E.g.,.

NSG 41, Wiseman UCC - 12 for .NET Alalakh 17, BBSt 9, ADD 618, ADD 321, ADD 164, ADD 806, PPA 95. 28 Driver and Miles, The Babylonian Laws, 1.

501 502. 29 Marian San Nicolo, Rechtsgeschichtliches zum Gesetze des Bilalama von E nunna, Or 18 ` s (1949), 261; Goetze, The Laws of Eshnunna, 261. 30 J.

D. Michaelis, one of the most prominent proponents of biblical criticism in the eighteenth century, was among the rst to argue against the prevailing theory, the social contract model, and for a rule-bound system of vengeance. The self-help model received new impetus in the nineteenth century when it was championed by G.

W. F. Hegel in Philosophy of Right (trans.

T. M. Knox; Oxford: Oxford University Press, 1952 [1821]), and by the preeminent legal historian Rudolf von Jhering in Geist des romischen Rechts auf den verschiedenen Stufen seiner Entwicklung (Aalen: Scientia Verlag, 1968 [1898]).

The most widely read proponent of this model today is Max Weber, Economy and Society: An Outline of Interpretive Sociology, ed. Guenther Roth and Claus Wittich, trans. Ephraim Fischoff (Berkeley: University of California Press, 1978 [1922]).

A recent analysis of the self-help model from the viewpoint of Law and Economics was written by James Q. Whitman, At the Origins of Law and the State: Supervision of Violence, Mutilation of Bodies, or Setting of Prices, Chicago-Kent Law Review 71 (1995), 41 84..

HOMICIDE IN THE BIBLICAL WORLD this process. I UPC A for .NET n the rst stage, the state of nature, kin groups or individuals exacted vengeance when injured by other kin groups or individuals in the form of talionic reparations, an eye for an eye, a tooth for a tooth.

In the second stage, the early state supervised the existing system of vendetta by forcing the parties to have recourse to the state for a formal hearing in order to exact talionic vengeance. In the third stage, the early state assumed the role of enforcement and took the responsibility from the injured party to exact vengeance. Only the state could legitimately have recourse to violence.

Finally, the state eliminated violence by substituting monetary damages for talionic reparations. However, the discovery of early law collections that prescribe pecuniary penalties for injury and homicide has inspired scholars to reverse the historical process: They argue that the law developed from compensation to talionic punishment. According to A.

S. Diamond, this development was a sociological advance as certain wrongs were no longer considered private: They were no longer civil wrongs covered by civil law but public wrongs covered by criminal law, because the state had advanced to a level of complexity that could police these occurrences.31 The dif culty with this proposal is that pecuniary punishment is found in later law collections as well as in earlier ones: The explanation that the law collections preserving monetary compensation originated in less advanced societies is strained.

J. J. Finkelstein attempts to salvage this theory by proposing that corporal punishment in terms of lex talionis in the Laws of Hammurapi re ected an innovation in jurisprudence, not social development.

32 What was formerly covered by civil law, a legal realm in which the penalties are purely pecuniary, was subsequently covered for the injury of a member of the upper class by criminal law, in which corporal sanctions can be imposed. According to Finkelstein, this was clearly an innovation, when protection was granted to the upper class. Others, of inferior status, had to be content with compensation.

However, it appears to me that it is dif cult to understand why this innovation was not sociologically determined. More importantly, there may not have been a sharp distinction between civil and criminal law, and if corporal punishment is the characteristic of criminal law Finkelstein s de nition of criminal law then it was already introduced in the Laws of Ur-Nammu (LU 1, 2, 6, 7). LE makes attempted theft part of criminal law: In LL 9 the penalty is a ne; in LE 12 13 the penalty is a ne if attempted during the day and death if attempted during the night; in LH 21 the penalty is death.

In general, in cuneiform law a nancial penalty is the remedy for theft (LL 9, 10; SLHF iii 13 15; MAL A 5, C 5, 8; HL 63 70, 93 97, 108,. 31 A. S. Diamon d, An Eye for an Eye, Iraq 19 (1957), 51 55; Diamond, Primitive Law Past and Present (London: Methuen & Co.

, 1971). 32 Finkelstein, Ammisaduqa s Edict and the Babylonian Law Codes, 96 99, and The Ox . That Gored, 59, n.

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