Claim, oath and their legal impact in selected countries of the ancient world
DOI:
https://doi.org/10.46282/hti.2011.3.1.1252Abstract
The contribution is focused on the oral expression of fact, respective to the legal effect which this statement might have. Primarily there is a common claim, distinguished from the oath, which is further reinforced by appeal to the gods or the ruler. The seriousness of the oath was therefore undoubtedly much higher on the other hand the abuse of oath was also examined much more strictly because it was also an insult to the ruler or the gods themselves. The verbal expression of certain fact was a powerful weapon for ancient man. Based on the oral impeachment, another person could be charged from criminal activity and it was the start of the criminal proceeding. Most of the evidence in the proceedings was made by the oral testimony of witnesses. But legislators were aware of the danger of deliberately false statements that were intended to harm innocent people or to obtain a personal benefit and then severely punish the liars. Unfounded accusations, false testimony and perjury have been strictly punished and the penalties were not only the punishment for offenders but they also have a preventive effect on the rest of the population.