History of Law and Political Ideas: Main legal contributions of the Egyptians,

Chinese, Hebrews, Romans and Castilians

Legal contributions of the Egyptians

No Egyptian code of laws has been found, although there are indirect references to
the existence of rules, as well as various forms of oaths (by one god, by several, by
the pharaoh).
Legal documents are divided into:
 Those relating to family or private matters: fall under private law.
 Commercial contracts and loans.
 Criminal law: The first step was to report and bring the criminal before the
authorities. There have been documented cases of abuse of power by
officials who were monitored, investigated and questioned.
 Contracts with the palace or temple: they regulate noble titles, the
census, recruitment of soldiers or workers, tax notes, inventories and
diaries. The priests intervened in law and regulations, since in all ages
priests exercised the functions of magistrates and temples were palaces of
justice.
The sentences could declare innocence, guilt and include deprivation of liberty,
confiscation of property, forced labor, corporal punishment and the death penalty.
Forced labor could be in the mines, and the death sentence, in cases of extremely
serious crime, could be by drowning, and even the corpse was burned to prevent
the condemned from having eternal life.
Egyptian law provides for the death penalty. It dates back to ancient Egyptian
civilization, where the death penalty was applied for a law prohibiting crimes such
as murder, theft, sacrilege, and attempts to spy on the Pharaoh. It was applied
through decapitation, sacrifice, or drowning in the Nile.
According to Amnesty International, the current death penalties allowed by law in
Egypt are reserved for punishable crimes, with capital punishment for crimes under
the so-called “fight against terrorism” legislation, as well as “premeditated murder,
rape and drug-related offences.”
There are currently two methods of execution in Egypt:
 The first and most commonly used is hanging by rope (the gallows) and is
used for all types of "civilian" criminals.
 The other is for firearms, which is specific to soldiers and any military
personnel who commit capital crimes.
Legal contributions from the Chinese
In the early stages of the empire, law was considered a divine mandate. Later, the
legal rules were considered custom or Imperial law. Ancient Chinese law is of a
sacred nature and earthly punishments were followed by punishment in the
afterlife. In the primitive law of China contained in the book of the five (5) penalties,
the first stage is given by the validity of this book; the second other penalties were
added.
The oldest known Code is that of the Shaw Rules, a kind of compilation of legal
principles that are instructions for the officials of the empire.
 The woman was considered subject to three guardians: father, husband and
eldest son.
 Divorce occurred due to disobedience to in-laws, jealousy of concubines
and repudiation of the husband for not having male children.
 The emperor was the sole owner of all the land, however, over time private
individuals acquired ownership rights.
 The control of the waters was also regulated in a perfect manner.
In terms of justice and punishment of crimes, Chinese law was very cruel. There
were special bodies that administered justice, there was a ministry governed by the
Autumn Mandarin, who managed the actions of the courts and under him
depended other officials who were a kind of notaries who were in charge of
certifying the contracts that were signed.
In the Chinese empire, the existence of a merit bureaucracy was highlighted. Also
noteworthy was the existence of large codes. There is a marked division of
functions between the FA, which includes public administrative law and criminal
law, and the LI, as a customary source that preceded civil and property relations.
The imperial court dealt with administrative and criminal law (FA). While civil
matters were specific to social activity within the clans. Peaceful and transactional
solutions to conflicts were sought. There is a permanent search for harmony,
solutions from the clan chief, head of family, etc.
Legal contributions of the Hebrews
With the arrival of the Romans to Jerusalem, it was destroyed, but, still, the
Romans allowed the Jews to continue being governed by their laws, regardless of
where they were; from this process of new social order, a new law governed by the
rabbis arose, this although it was based on their laws and customs, differed from
the Mosaic law in several aspects, which included the fact that principles of Roman
law were taken into account, adapted to the Hebrew religion and laws.
Most of these rabbinical schools arose in Palestine and areas surrounding the
Euphrates, they were dedicated to compiling all the oral and written traditions that
came from Moses, in this way the second compilation of laws arose, among which
the most notable were the Mishnab and the Talmud.
The Tamud designates the collection formed by the Mishnah, or oral law, and the
Gemara, or commentary, or it simply refers to the second of these books. In the
first manuscripts the commentary part was designated as Talmud until the Basel
edition of 1578-1581 when the censor changed the name to Gemara, and the
Talmud is the term used for the set of two books: the Mishnah and the Gemara.
Legal contributions of the Romanos
Roman law is the set of legal principles that have governed Roman society in the
various periods of its existence, from its origin until the death of the Emperor
Justinian.
A practical people par excellence, the Romans regulated all public and private
activity, building a legal system that has survived for 2,000 years and is one of their
main contributions to world civilization.
Legal contributions of the Castellanos
This law evolved from that of revenge and composition to that of public criminal
law, while eliminating the judgment of God by "Ordeals" and other remnants of
Germanic and Visigothic law. Crimes and penalties were regulated in detail in Las
Siete Partidas and this Code was the one applied in the new colonies of America
when special laws were established.
The right to property: in Castilian law, the form of property acquisition was
practically the same as that known today. Occupation, prescription, sale, exchange
and succession were the classic means of acquiring ownership of movable and
immovable property. During the High Middle Ages, the right to property was
restricted to the nobility and the clergy, but it gradually became open to the
bourgeoisie. Already in Las Siete Partidas it was permitted to all "free" men. Other
special methods of acquiring property rights in Medieval Castile were the "grants"
and the "distributions."