Periclean Athens:Solving Problems How do you prevent abusive prosecution for the fine or damage payment? Criminal:If less than 20%of the jury voted for conviction,prosecutor was fined Civil:If the defendant won,the prosecutor owed him damages-1/6th the claim The penalty for theft was twice the value of the goods stolen An obvious opportunity to plant goods while searching You could search someone's house for your stolen goods ·But had to do it naked We have a similar issue when cops search for drugs... Production of public goods If you were one of the richest Athenians,every other year you had to produce one Two ways of getting out of it Show that you are doing one this year or did last year Show that there is someone not doing one this year or last who is richer than you are Without IRS or accountants,how do I prove you are richer than I am? I offer to exchange everything I own for everything you own
Periclean Athens: Solving Problems • How do you prevent abusive prosecution for the fine or damage payment? • Criminal: If less than 20% of the jury voted for conviction, prosecutor was fined • Civil: If the defendant won, the prosecutor owed him damages–1/6th the claim • The penalty for theft was twice the value of the goods stolen • An obvious opportunity to plant goods while searching • You could search someone’s house for your stolen goods • But had to do it naked • We have a similar issue when cops search for drugs. … • Production of public goods • If you were one of the richest Athenians, every other year you had to produce one • Two ways of getting out of it • Show that you are doing one this year or did last year • Show that there is someone not doing one this year or last who is richer than you are • Without IRS or accountants, how do I prove you are richer than I am? • I offer to exchange everything I own for everything you own
Saga Period Iceland In the 10th century,Harald Haarfagr unifies Norway under his rule Lots of people who don't like it emigrate to Iceland,recently discovered Set up a legal system based on the Norwegian,with one thing left out ·The king There was a legislature,a court system,but no executive arm of government All offenses were treated as torts,privately prosecuted for a damage payment Verdicts were privately enforced The sagas are histories and historical novels Written more than seven hundred years ago From a population of about fifty thousand at the far edge of the world Ten or more of which are currently in print in English translation
Saga Period Iceland • In the 10th century, Harald Haarfagr unifies Norway under his rule • Lots of people who don’t like it emigrate to Iceland, recently discovered • Set up a legal system based on the Norwegian, with one thing left out • The king • There was a legislature, a court system, but no executive arm of government • All offenses were treated as torts, privately prosecuted for a damage payment • Verdicts were privately enforced • The sagas are histories and historical novels • Written more than seven hundred years ago • From a population of about fifty thousand at the far edge of the world • Ten or more of which are currently in print in English translation
Islamic Law Separation of law and state The law is deduced by scholars from the Koran and Hadith Like our system,with court precedents replaced by law review articles Hadith are accounts of things said or done by Mohammed and his companions Each comes with an isnad,a chain of transmitters The strength of a hadith depends on the reputation of the transmitters And the number of separate chains supporting the same hadith. In Sunni Islam there are four schools of law,mutually orthodox ·Mufti and Kadi A mufti is a jurisconsult,someone who gives advisory opinions on the law(fatwas) A Kadi is a judge,appointed by the ruler,who tries an actual case
Islamic Law • Separation of law and state • The law is deduced by scholars from the Koran and Hadith • Like our system, with court precedents replaced by law review articles • Hadith are accounts of things said or done by Mohammed and his companions • Each comes with an isnad, a chain of transmitters • The strength of a hadith depends on the reputation of the transmitters • And the number of separate chains supporting the same hadith. • In Sunni Islam there are four schools of law, mutually orthodox • Mufti and Kadi • A mufti is a jurisconsult, someone who gives advisory opinions on the law (fatwas) • A Kadi is a judge, appointed by the ruler, who tries an actual case
Hadd Law Legal rules with fixed penalty based mostly on the Koran Five offenses.All require two eye witnesses,except that... For Zina,intercourse with someone neither your spouse nor concubine Proof requires four eyewitnesses to the same act of intercourse The penalty for those who have previously had licit intercourse is stoning to death False accusation of Zina ·Theft Penalty is having your right hand cut off But there are a lot of conditions that have to be met for the hadd offense of theft ·Drinking wine Highway robbery(includes breaking into a house with people put in fear)
Hadd Law • Legal rules with fixed penalty based mostly on the Koran • Five offenses. All require two eye witnesses, except that … • For Zina, intercourse with someone neither your spouse nor concubine • Proof requires four eyewitnesses to the same act of intercourse • The penalty for those who have previously had licit intercourse is stoning to death • False accusation of Zina • Theft • Penalty is having your right hand cut off • But there are a lot of conditions that have to be met for the hadd offense of theft • Drinking wine • Highway robbery (includes breaking into a house with people put in fear)