Abstract
Law is the set of sanctions that maintains social order through state power. Unlike the Mesopotamian system, which focused on retribution, Hittite law aimed to keep the offender within the system by emphasizing compensation and restorative justice. These laws, systematized during the reign of Hattusili I, were constantly updated according to social needs, as reflected in the phrase “it used to be this way, now it is that way.” In a system where the king was the chief judge, local traditions were given considerable leeway. Sexual crimes were regulated within the framework of the concepts of “hurkel” and “wastul,” and in cases of zoophilia, the punishment varied according to the type of animal and its place in the Hittite culture of cleanliness. For example, intercourse with an ox or sheep could be punishable by death, while intercourse with a horse or donkey was not considered a crime, but the perpetrator was deemed to have lost their religious purity. Necrophilia was not considered a crime, as it was not seen as a violation of rights. Incestuous relationships were major taboos punishable by death; however, in relationships established through marriage, the punishment was flexible depending on whether the person who established the relationship was alive. In distinguishing between adultery and rape, the location is decisive: an act committed in a deserted place “in the mountains” is considered rape and the man is punished, while an act committed in a residential place “at home” is considered adultery, with the woman’s failure to ask for help being interpreted as consent, and the woman is sentenced to death. Hittite law exhibits a flexible and protective structure that blends central authority with local traditions.
Keywords: Hitit Hukuku, Cinsel Suçlar, Zoofili, Ensest, Zina
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