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Trials

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Caitlin Kinch
1385332.  Fri Jul 16, 2021 11:15 am Reply with quote

In "The Code of Hammurabi", a Babylonian legal text composed circa. 1750 BCE, there are such rules as
"If during a quarrel one man strike another and wound him, then he shall swear, "I did not injure him wittingly," and pay the physicians ... If a man strike a free-born woman so that she lose her unborn child, he shall pay ten shekels for her loss ... If the woman die, his daughter shall be put to death."

and

"If a physician make a large incision with an operating knife and cure it, or if he open a tumor (over the eye) with an operating knife, and saves the eye, he shall receive ten shekels in money ... If a physician make a large incision with the operating knife, and kill him, or open a tumor with the operating knife, and cut out the eye, his hands shall be cut off."

Source: https://avalon.law.yale.edu/ancient/hamframe.asp

 
tetsabb
1385336.  Fri Jul 16, 2021 12:23 pm Reply with quote

Did PDR use Hammurabi as the basis for the code of conduct for his staff?

 
PDR
1385343.  Fri Jul 16, 2021 1:32 pm Reply with quote

This is just a rational performance-based incentivisation scheme (albeit a bit too soft and tolerant for my taste).

PDR

 
Alexander Howard
1388123.  Mon Aug 23, 2021 8:52 am Reply with quote

In the Middle Ages, trials did not have the examination of witnesses with which we are familiar: it was easier just to get parties to the action to get their own witnesses who would swear an oath, then count up the oath-givers on either side and award it to whoever had more. It became known as a 'wager of law'.

As the modern period dawned, lawyers reckoned that this was an established procedure which could not be changed without an Act of Parliament, and Parliament was generally indolent, so it became a duty of the court to provide nominal oath-givers for each side. That done, an actual trial could proceed.

In other procedures requiring witnesses or sureties, the fiction was adopted that an oath had been sworn by John Doe and Richard Roe.

 

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