Early Courts

Early Courts

The recognized existence of even primitive courts implies a relatively high degree of social organization and the need for systematic adjudication of disputes on the basis of established customs and consciously formulated rules of social conduct. Archaeologists and anthropologists have established the existence of courts in simple societies over wide areas of Asia, Africa, and Europe; courts were not as widespread among the Native Americans of North and South America. Primitive courts formed part of a complex social structure in which administrative, judicial, and religious functions were intermingled. These courts were held in the open or in religious temples. More often than not, the judges were priests. Those who attended were considered part of the court, whether or not they had an immediate interest in the proceedings or in the judgments rendered. The proceedings consisted in large part of rituals designed to secure the redress of grievances presented by individuals against other individuals.

In the highly developed civilizations of antiquity, notably those of Assyria and Egypt, judicial and executive functions were undifferentiated and were centralized in the monarch as head of state. Insight into the structure and functions of Babylonian courts of the 18th century BC was obtained when the ancient legal document known as the Code of Hammurabi was discovered early in the 20th century. A highly developed judicial system existed also among the ancient Hebrews.

In the judicial system of ancient Athens, a unique feature, introduced by the lawgiver Solon in the 6th century BC, was the right of aggrieved litigants to appeal the decisions of magistrates to the people of Athens, assembled as a heliaia (“public assembly”). In later years, these assemblies, referred to as heliastic courts, became courts of first resort presided over by magistrates who prepared cases for trial. The heliastic courts subsequently became unwieldy, and they were divided into sections called dicasteries.

The evolution of courts in ancient Rome was marked by the development of a complex structure in which criminal, civil, and other jurisdictions were differentiated and were exercised by separate courts and officials. Violations of criminal law were prosecuted by the state; higher and lower courts were organized; the right of appeal was juridically guaranteed; and a corps of professional jurists was established for the first time in the history of Mediterranean civilization. After Christianity became the state religion of Rome, the ecclesiastical courts, previously established by Christians who had refused to have recourse to pagan courts, became a part of the Roman legal system. As the Roman Empire disintegrated, the ecclesiastical courts survived and assumed jurisdiction over secular affairs.

More Entries about Courts

Western European Tribunals

See Western European Tribunals

Later Developments in the British System

See English Court System

Court System in the United States

See Court System in the United States and Court System in that country.

Other World Developments

For France, Islamic world and other Middle Eastern and Asian countries, see Courts in General

See Also

MPEPIL: International courts and tribunals
Unconstitutional Constitutional Courts
List of United Kingdom Court Reports
MPEPIL: International procedural law

Contributed By:

William O. Douglas, M.A., LL.B., LL.D. Late Associate Justice of the U.S. Supreme Court.
“Courts,”Microsoft® Encarta® Online Encyclopedia 2000

Introduction to Early Courts

The recognized existence of even primitive courts implies a relatively high degree of social organization and the need for systematic adjudication of disputes on the basis of established customs and consciously formulated rules of social conduct. Archaeologists and anthropologists have established the existence of courts in simple societies over wide areas of Asia, Africa, and Europe; courts were not as widespread among the Native Americans of North and South America. Primitive courts formed part of a complex social structure in which administrative, judicial, and religious functions were intermingled. These courts were held in the open or in religious temples. More often than not, the judges were priests. Those who attended were considered part of the court, whether or not they had an immediate interest in the proceedings or in the judgments rendered. The proceedings consisted in large part of rituals designed to secure the redress of grievances presented by individuals against other individuals.

In the highly developed civilizations of antiquity, notably those of Assyria and Egypt, judicial and executive functions were undifferentiated and were centralized in the monarch as head of state. Insight into the structure and functions of Babylonian courts of the 18th century bc was obtained when the ancient legal document known as the Code of Hammurabi was discovered early in the 20th century. A highly developed judicial system existed also among the ancient Hebrews.

In the judicial system of ancient Athens, a unique feature, introduced by the lawgiver Solon in the 6th century bc, was the right of aggrieved litigants to appeal the decisions of magistrates to the people of Athens, assembled as a h_liaia (“public assembly”). In later years, these assemblies, referred to as heliastic courts, became courts of first resort presided over by magistrates who prepared cases for trial. The heliastic courts subsequently became unwieldy, and they were divided into sections called dicasteries.

The evolution of courts in ancient Rome was marked by the development of a complex structure in which criminal, civil, and other jurisdictions were differentiated and were exercised by separate courts and officials. Violations of criminal law were prosecuted by the state; higher and lower courts were organized; the right of appeal was juridically guaranteed; and a corps of professional jurists was established for the first time in the history of Mediterranean civilization. After Christianity became the state religion of Rome, the ecclesiastical courts, previously established by Christians who had refused to have recourse to pagan courts, became a part of the Roman legal system. As the Roman Empire disintegrated, the ecclesiastical courts survived and assumed jurisdiction over secular affairs.” (1)

Resources

Notes and References

Guide to Early Courts

In this Section

Courts, Early Courts, Western European Tribunals,English Court System Developments, Courts Developments and Court Appointment.

About Ecclesiastical Courts

Ecclesiastical Courts, Ecclesiastical Courts Origins, Ecclesiastical Courts in the Middle Ages and Ecclesiastical Courts Decline in Power.


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