The Spivonomist brings forward some of his usual light-hearted polemic, and he has every confidence to be light-hearted and incisively dismissive of the “property is theft” meme that seems to crop up with every new round of vampire movies, for “property is respect” is not far removed from the basic precepts of human dignity since the very beginning of Western Civilization. To shovel up and turn over that foundation would be one heck of a people’s revolution, overturning at least 4500 years of precedent, inculcated in our several language systems and in our various justice systems.
Moreover, those precedents are rooted in narrative history, meaning the precepts represented within the earliest organizing legal documents have been forged through the human experience and practice of Mesopotamia, the Levant, Egypt, and Anatolia. In other words, not only are these precepts organic in their nature, but their systematization also reflected generations of legal application, balancing the varied uses of force and mercy to maximize stability and prosperity.
For example, one of the earliest complete examples is a treaty created by my best friends, the Sumerians, a royal inscription known as the Eannatum Treaty, created during the 25th Century. Its significance lies in no small part that the treaty was not of one subjugating nation over a subjugated nation, as the later Hittite treaties exemplify, but is a treaty between two allied cities who were susceptible to boundary disputes and the occasional ambitious, conquest-minded ruler, conflicts which flared up during the course of hundreds of years. A few things emerge when working through the treaty:
- The basis of the treaty is a narrative rooted in historical realities, witnessed by heaven and earth (the deities).
- Once the frontier was secured, the concern was rebuilding infrastructure and returning soldiers to their ordinary occupations.
- Once the army was largely disbanded, the concern was defense of the frontier against outside invasion, as opposed to civil disputes between two cities.
In a word, the concern was establishing peace in order for the people to prosper. A rising tide lifts all boats, including the boat on which sits the throne.
More importantly, this particular treaty has parallels throughout the entire larger region, including a contemporary treaty found at Ebla, near Damascus. Unlike the Eannatum Treaty, however, it was one nation subjugating another. Nevertheless, its primary concern was the provision of mutual protection of merchants, detailing how sojourners were to be received and how the sojourners themselves were to conduct business. Continue reading “Property and Personal Dignity in the Ancient World”