publications_unodc_commentary-e

AnnexCULTURAL AND RELIGIOUS TRADITIONSFrom earliest times, in all cultural and religious traditions, the judge has beenperceived as an individual of high moral stature, possessing qualities distinct fromthose of ordinary individuals, subject to more rigorous constraints than others, andrequired to observe a form of life and conduct more severe and restricted than therest of the community.The Ancient Middle EastIn or around 1500 B.C., King Thutmose III is recorded as having issued thefollowing instructions to Chief Justice Rekhmire of Egypt: 58Take heed to thyself for the hall of the chief judge; be watchfulover all that is done therein. Behold, it is a support of the whole land; . . .Behold, he is not one setting his face toward the officials and councillorsneither one making brethren of all the people.. . . Mayest thou see to it for thyself, to do everything after thatwhich is in accordance with law; to do everything according to the rightthereof . . . lo, it is the safety of an official to do things according to thelaw, by doing that which is spoken by the petitioner . . .It is an abomination of the god to show partiality. This is theteaching: thou shalt act alike to all, shalt regard him who is known tothee like him who is unknown to thee, and him who is near . . . like himwho is far . . . An official who does this, then shall he flourish greatly inthe place.Be not enraged toward a man unjustly, but be thou enragedconcerning that about which one should be enraged.Hindu LawThe most comprehensive ancient code in Hindu law is The Laws of Manu (circa1500 B.C.). In his commentaries, Narada (circa A.D. 400), a leading Hindu jurist,basing himself on the Laws of Manu, wrote thus of the courts of justice: 5958 J.H. Breasted, Ancient Records of Egypt, Vol II (The Eighteenth Dynasty) (University ofChicago Press, 1906), pp. 268-270, cited in C.G. Weeramantry, An Invitation to the Law(Melbourne, Australia, Butterworths, 1982), pp. 239-240.147