General Features of Ancient Egyptian Justice
To understand how the Egyptian administration of justice adapted to the changes outlined above, one must first develop an appreciation of the fundaÂmental conceptual framework within which it operated.
There is no evidence to suggest that Ancient Egypt had a fully developed law code at any point durÂing this period, but there certainly was an overall theory shaping what society could tolerate. This can be reconstructed to a significant extent, for Ancient Egyptian writing had a literary genre of â€?wisdom literature’, which aimed to encourage decorous behaviour by providing concrete instructions as to how this might be achieved. Numerous works in this tradition, dating mostly to the Middle Kingdom, have been preserved, with the best known being the InstrucÂtions for Kagemni and the Instructions of PtahhotepP They draw particular atÂtention to the importance of avoiding conflict, de-escalating it whenever it ocÂcurs, and never contravening accepted social hierarchies. They attach great significance to mediated discussion and the spoken word as a tool for conflict resolution; indeed, the two key Egyptian terms widely translated as â€?to judge’, wd'-mdw and sdm, literally mean â€?to divide words’ and â€?to hear’ respectively.-2 Thus, the Egyptian tradition of justice generally placed emphasis on negotiaÂtion and flexible conflict resolution rather than codified procedure (although this did begin to emerge near the end of the period discussed here), and it reÂlied heavily on orality.In addition to this, justice was closely related to the religious concept of Mi'.t - a perceived cosmic order which had to be upheld to prevent the universe from collapsing, which was also personified as a goddess of truth.[56] [57] Indeed, fair judgment (wd'-mdw) - presumably based on the principles enumerated in the preceding paragraph - could be seen explicitly as an offering to the goddess, akin to a temple sacrificed4 Thus, any judgment in theory had implications not only for the litigants, but also for the universe. While it is unclear if Egyptian judicial officials genuinely thought that their actions were shaping the fate of the cosmos, there was certainly no clear separation between the concept of justice, a broader sense of conflict resolution, and religion. This last point, which leads to an inability to clearly define Ancient Egyptian justice, has no doubt contributed to the view that the Egyptians had no concrete legal process worthy of study. What follows will illustrate that this is not so, even if it cannot be studied using the methods and terminology most familiar to legal historians today, and that moreover the way Egyptian justice responded to political fragÂmentation and (re)unification can be most instructive to studies of law in later empires. 2
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