Constitutional Law
Part 2: “What Were They Thinking?”
Digression: “A History of Government in 6 Revolutions: From the Paleolithic to Philadelphia”
102. What Next?
Panel 1: A Chinese-style inkwash painting of an ancient Chinese general leading an army of massed troops.
SIS (talking head):
All right!
We’re off to China!
The land where war made the state and the state made war.
-=-
Panel 2: A Chinese-style inkwash painting of an ancient Chinese king pressing a red-hot stylus against the belly plate of a tortoise shell.
SIS (offscreen):
Where early kings gained authority as shamans practicing divination—using turtle shells and the shoulder blades of cattle to ask yes/no questions of their ancestors (and the occasional animist nature spirits.)
KING:
Ah, yes.
If I sacrifice a cow to ancestor Yi on his day, he will ensure a good harvest.
-=-
Panel 3: Sis, in ancient Chinese garb, poses dramatically on a stage before a red backdrop decorated with Chinese patterns. Average Joe, in his usual clothing, reacts with a “no” gesture.
SIS:
…and ended up as emperors of a refined civilization!
Civil service exams! A professional army! Philosophy! Poetry! Money! Dramatic history! Sophistica-
JOE (interrupting):
What? No, not China.
China didn’t get around to true state formation until maybe 475 B.C.
What we call the first “dynasties” were really still tribal societies led by chieftains.
Besides, the Chinese experience doesn’t have much to do with the story leading to the American experiment.
-=-
Panel 4: In front of a background of Ancient Greek temples and statues, Sis makes a triumphant fist-pump while Joe makes an explanatory gesture.
JOE (offscreen):
Instead, we’re going to turn to
SIS (interrupting):
I knew it! Ancient Greece, here we come!
JOE:
Again, no.
Not yet, anyway.
SIS:
Then I’m confused.
Where was this “very cool development” in government?
-=-
Panel 5: A line drawing of the Earth with a big X painted over it.
JOE (offscreen):
Not where.
WHAT.
We’re going to witness the birth and development of an institution that’s so basic, so inherent to our concept of society, that it’s hard to imagine that it had to be invented.
And so, if you’ll permit me to utter a command…
-=-
Panel 6: An outer space of blue and orange, filled with stars, with Joe’s next words as the title of the next section:
LET THERE BE LAW
And following the law, the lawyers 😁
That is also a nifty story, though (perhaps surprisingly, perhaps not) more recent.
The first proper lawyers arose among the Norse of Iceland, didn’t they? That was an awfully long time after the Code of Hamurrabi.
Was it them? I think you’ll find there’s an earlier origin (and no, I’m not counting classical orators and scribes). We’ll get to it, don’t worry. And yes, it was an awfully long time after Hammurabi!
I’m going to guess the Israelites, because the Bible talks about widespread barratry and perjury. “No one brings suit justly, no one pleads honestly.” – Isaiah, I forget the chapter and verse.