HISTORY AND THE FUTURE OF WRITEN LAWS: FROM THE CODE OF HAMMURABI TO MODERN LAWS AND THE USE OF ARTIFICIAL INTELIGENCE.
Specifically
in the course of INTRODUCTION TO LAW, the first course I got in law school, I
can call it the course that welcomes a law student to be a lawyer. The course
was full of histories of how the law came to existence. Through the course we
went through different scenarios of how the law came into existence. Through the
course the lecturer mentioned THE HAMMURABI CODE, believed to be the oldest legal
text. We went further learning about the Roman Twelve Tables which were the
first written Roman laws.
In
this article allow me to take you on a trip back in history as we learn
together the history of written laws.
The Code of Hammurabi is believed
to be one of the earliest and most complete written legal codes and was
proclaimed by the Babylonian king Hammurabi, who reigned from 1792 to 1750 B.C.
Hammurabi expanded the city-state of Babylon along the Euphrates River to unite
all of southern Mesopotamia. The Hammurabi code of laws, a collection of 282
rules, established standards for commercial interactions and set fines and
punishments to meet the requirements of justice. Hammurabi’s Code was carved
onto a massive, finger-shaped black stone stele (pillar) that was looted by
invaders and finally rediscovered in 1901.[1]
The
Code of Hammurabi, created nearly 3,800 years ago by Babylonian king Hammurabi,
is recognized as one of the first written codes of law in history. Inscribed on
a stone monument and discovered in 1901, the code consists of 282 laws written
in cuneiform script. This pioneering legal document reflects an early effort to
formalize justice, emphasizing principles like "innocent until proven
guilty," the use of evidence, and fairness for all, including marginalized
groups. While some laws were severe, others introduced progressive ideas, such
as provisions for alimony. The code was not exhaustive and may have served as a
symbolic representation of Hammurabi’s commitment to justice rather than a
practical legal guide. Ancient judges often relied on testimony, evidence, and
divine oaths, rather than the code itself, to resolve disputes. As the first
written code of law, it laid the groundwork for the development of legal
systems, influencing the evolution of justice and fairness that modern
societies still aspire to achieve.[2]
Another
ancient legal text we can learn is the Law of the Twelve Tables. The Law of the
Twelve Tables is the earliest known written legislation in ancient Roman law,
typically dated to 451–450 BC. The Twelve Tables were reportedly created by 10
commissioners (decemvirs) at the request of the plebeians, who felt their legal
rights were restricted because court decisions were based on unwritten customs
known only to a small group of educated patricians. The commissioners began
their work in 451, initially producing 10 tables, which were later expanded
with 2 more. In 450, the code was officially displayed, probably on bronze
tablets, in the Roman Forum. This written law allowed the plebeians to
familiarize themselves with legal matters and safeguard against abuses of power
by the patricians. The Twelve Tables were not a reform or liberalization of
previous customs but rather affirmed the privileges of the patrician class and
the patriarchal family structure, as well as the practice of enslaving
individuals for unpaid debts and the role of religious customs in civil
matters. While the tables demonstrated notable progress in testamentary rights
and contracts, this was likely due to the development of commercial practices
in a time of prosperity, rather than any innovation by the decemvirs.[3]
African
ancient legal texts
In
Africa, we can also find one of the ancient legal texts. Example is the KOUROUKAN
FOUGA INDIGENOUS CONSTITUTION OF ANCIENT MALI. The Epic of Sundiata recounts
that the Kouroukan Fouga, or Kurukan Fuga, served as the constitution of the
Mali Empire. It was established following the Battle of Krina (1235) by an
assembly of nobles to form a governing framework for the newly unified empire.
According to the oral traditions passed down by griot poets of Mali and Guinea,
the Kouroukan Fouga unified the Mandinka clans under a single government,
defined its operation, and laid out laws for its people. The term Kurukan Fuga
is a toponym meaning "clearing on granite/lateritic rock," referring
to the plain near the town of Kaba (modern-day Kangaba), where Sundiata Keita
is said to have presented the charter. Similar in significance to the Magna
Carta in Western Europe, the Kouroukan Fouga was a foundational document for
the region. While the Magna Carta (1215) played a key role in the evolution of
ideas about individual freedoms and representative governance in Britain and
the U.S., the Kouroukan Fouga (formalized around 1236) provided a parallel in
the Mali Empire.[4]
The
reconstructed version of the Kouroukan Fouga, as published by Kouyaté, contains
44 edicts grouped into four categories: Social Organization (edicts 1-30),
Property Rights (edicts 31-36), Environmental Protection (edicts 37-39), and
Personal Responsibilities (edicts 40-44). The constitution divided the empire
into ruling clans represented at the Gbara, a grand assembly. Sixteen clans,
known as the Djon-Tan-Nor-Woro (quiver carriers), were tasked with leadership
and defense. Four clans, the Mori-Kanda-Lolou (guardians of the faith),
provided guidance on Islamic law. Four nyamakala clans (castes) specialized in
trades such as smelting, woodworking, and tanning. Lastly, four djeli clans
(masters of speech) preserved the empire's history through song. Together,
these groups comprised the 29-seat Gbara, with the 30th seat likely occupied by
either the mansa's djeli (belen-tigui or master of ceremonies) or a female
monitor, as edict 16 mandates women's representation in governance. Notable
provisions of the constitution include Article 7, which formalized the
sanankuya—a tradition of joking relationships or cousinage—as a civic
responsibility. Kouyaté highlights Paragraph 20, which addresses the humane
treatment of slaves: "Do not mistreat the slaves. Allow them a day of rest
each week and ensure their workday ends at a reasonable hour. You may be the
master of the slaves but not of the burdens they carry."[5]
Another
ancient African legal text we can talk about is the 42 Laws of Maat; Ancient
Egypt's Code of Ethics and Moral Guidance. The 42 Laws of Maat were ethical
guidelines central to ancient Egyptian society, representing the principles of
truth, justice, and cosmic order. These laws, recited by individuals before
judgment in the afterlife, emphasized personal integrity, societal harmony, and
respect for divine and social order. Maat's influence was seen in the actions
of gods like Ra, Thoth, and Osiris, and in the role of Egyptian rulers, who
were seen as divine representatives responsible for maintaining balance. These
laws also shaped Egypt's legal system, emphasizing fairness and truth in
governance and personal conduct, ensuring the stability of society.[6] The legal system in
ancient Egypt was deeply rooted in religious principles, where law was believed
to be divinely handed down. The concept of maat, symbolizing order and justice,
was central to both law and religion. The king, viewed as a god, was responsible
for maintaining maat on earth, issuing laws to ensure societal harmony. The
king's word had the force of law, and the vizier helped enforce it through
judicial roles. Judges were also seen as "priests of Maat,"
emphasizing the religious aspect of law. Over time, law evolved into a more
secular system, although still tied to religious values. The legal system was
focused on justice, family, and property, with some evidence of codified laws
emerging in the later periods. Despite the lack of comprehensive legal codes,
Egypt's legal system maintained its relevance and adaptability over the
centuries, influencing subsequent legal structures.[7]
The
Magna Carta and other modern written
laws
Another
ancient legal text we can look at is the Magna Carta. Magna Carta was issued in
June 1215 and was the first document to put into writing the principle that the
king and his government was not above the law. It sought to prevent the king
from exploiting his power, and placed limits of royal authority by establishing
law as a power in itself. The first version of it was issued in 1215 at
Runnymede, an otherwise obscure field lying next to the Thames in Berkshire
between Windsor and Staines. Charters granting rights and liberties to
individuals and groups were issued by lords throughout society, including the
king. They were written records of someone's action and were authenticated with
a wax seal. Although its form was normal for the time, Magna Carta was the
product of political crisis and an uprising of the leading men of England.[8]
Looking
at how Magna Carta come about, when King John became the ruler of England and
several French territories in 1199. However, in 1204, he lost Normandy and
Anjou to the King of France. Seeking to reclaim these lands, John raised taxes
in England, making him unpopular with the barons, who resented the increasing
oppression in tax collection. The immediate cause of the barons' rebellion was
John's defeat at the Battle of Bouvines in 1214 by the French army. This, along
with John's harsh rule, led to growing opposition. Tensions had been escalating
since 1212 when rumors of a plot to assassinate him surfaced. Magna Carta was
the result of negotiations between John and the rebel barons at Runnymede. Both
sides expected ongoing conflict, and the charter didn't end the dispute. Three
months later, Pope Innocent III annulled it, and the rebels invited the French king's
son to take the English throne.[9]
Speaking
of modern way laws are written let’s use the example of Rwanda. The journey of
a bill[10] begins with its
introduction, which can be initiated by a Deputy, the Government through the
Cabinet, or in some cases, the Senate. Notably, the Senate is responsible for
drafting organic laws concerning its own functioning. Once a bill is drafted,
it must be presented in Ikinyarwanda, French, and English, the three official
languages recognized by the Constitution. Before debates on its relevance, the
bill is shared with Deputies and made available online for at least seven days,
unless an urgent situation dictates otherwise. During the debates, the
initiator or defender of the bill provides key explanations, and a vote
determines whether the bill proceeds. If deemed relevant, the bill moves to a
Standing Committee, which delves into its details. The Committee may invite
input from Cabinet members, experts, or institutions and consider written
opinions. Once their review is complete, the Committee shares a report with all
Deputies ahead of the plenary debates.
In
the Plenary Assembly, the bill is discussed in two stages: general debates and
article-specific discussions. Each article is voted on individually. Ordinary
laws require a simple majority to pass, while organic laws need a 3/5 majority.
If disagreements arise, the bill can be sent back to the initiator for
revisions or clarified further. When the two Chambers—Deputies and
Senate—disagree on a bill, a Joint Committee is formed to find a compromise. If
consensus is reached, the agreed text is voted on without further amendments.
If not, the bill is returned to its author.
Finally,
a bill that passes through all stages is sent to the President of the Republic
for promulgation and publication, officially becoming law. For urgent matters,
a streamlined process exists. Urgent bills bypass some timelines and procedural
steps, receiving prioritized attention in the Plenary Assembly. Deputies or the
Cabinet can request this, and with the required approval, the bill moves rapidly
through consideration. This structured process ensures every proposed law is
scrutinized, debated, and refined to align with the country's legislative
standards.
The
future of written law
Speaking
of the future of written laws AI as the symbol of the future, it wasn’t left
behind in this area. Nathan E. Sanders and Bruce Schneier in their article How
AI could write our laws. This article discusses how AI could revolutionize
lobbying and legislative processes, particularly through
"microlegislation," which refers to small amendments benefiting
narrow interests. AI tools, like ChatGPT, could be used to create highly effective,
automated lobbying strategies by crafting legislative proposals, assessing
their impacts, and optimizing lobbying tactics. AI's ability to analyze and
fine-tune legal text could make lobbying faster and more efficient, allowing
companies to influence legislation at various levels, including state and
local, on a much larger scale.[11] However, AI's potential
for enhancing lobbying could lead to more covert, corporate-driven policies
that are hard to detect. While AI cannot replace the need for human access and
funding in lobbying, it could amplify the influence of wealthy interest groups.
To address this, the article suggests improving legislative processes and
transparency, including better lobbying disclosures and increasing public
oversight. The use of AI in lawmaking, while theoretical, could fundamentally
change how policies are shaped, with AI serving as both a microlegislator and a
strategist. This underscores the need for stronger governance, with AI acting
as both a tool and a potential disruptor in the political landscape.[12]
Dr
María Pérez-Ortiz in her article Will AI replace policymakers?[13]
She starts with a couple of questions, imagine a future where artificial
intelligence, not humans, sits in parliament. Would you trust an algorithm to
represent your interests? This thought-provoking idea has gained traction,
especially after a 2020 survey revealed that over half of Europeans would
support reducing the number of parliamentarians and replacing some seats with
AI systems. But can AI truly rise to the challenge of policymaking? Rather than replacing human decision-makers,
AI’s true value lies in augmenting their capabilities. Policymaking is
inherently complex, requiring nuanced judgment and the ability to anticipate
and adapt to unexpected scenarios. AI can assist by analyzing patterns in data,
simulating potential policies, and providing insights that would otherwise be
inaccessible. For instance, AI could help bridge gaps between traditionally
siloed government sectors, like health, education, and labor, by integrating
datasets to provide more comprehensive solutions. It’s not about AI taking over
but about it acting as a powerful assistant, enabling policymakers to make
better-informed decisions. In her concluding thoughts she shows that, AI should
not replace policymakers, but when used responsibly, it can serve as a vital
tool to enhance decision-making. By combining AI’s computational power with
human creativity, empathy, and ethical judgment, we can address global
challenges more effectively. The
future of policymaking lies not in choosing between human and artificial
intelligence but in combining their strengths. Together, they can help us
navigate the complexities of today’s world and build a better tomorrow.
Conclusion
The
journey of written laws from the Code of Hammurabi to modern legal systems and
the potential role of artificial intelligence reflects humanity's enduring
pursuit of justice, fairness, and order. Each milestone—be it the Twelve Tables
of Rome, the Magna Carta, or the ancient legal texts of Africa—has contributed
to shaping the frameworks that govern societies today. These historical
foundations remind us that law is not static; it evolves to meet the challenges
of its time.
As
we stand on the threshold of an era defined by technological advancements, the
introduction of artificial intelligence into the legislative process signals a
new chapter in the history of written law. While AI offers unparalleled
opportunities to enhance efficiency and inclusivity, it also demands careful
governance to ensure ethical standards and human values remain at the heart of
lawmaking.
By
understanding the origins of written laws and embracing innovative tools
responsibly, we can build a legal system that honors its rich history while
adapting to the complexities of the future. The past, present, and future of
written laws remind us of a universal truth: the law, at its core, is a
reflection of our collective aspirations for a just and harmonious society.
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