Tuesday, July 10, 2007

Dear Prof Mr. Stan,
Student names: SE John and IM Meng,

July 11, 2007

CODES COMPARISION

We are responsible to write our assignment in the comperision of the Hammurabi code and Magna Carta in regarding or related with our field of family law. As far as we have read thru there were plenty of articles has stated about family law or issues in Hamuurabi code than Magna Carta.

Marriage retained the form of the purchase. It is mean that a man have to bring some amount of value things to her father house in order to get marriage. If she bear him no children,he is able to find second wife until producing children.

Since the main purpose of the Hammurabi code wished to have more manpower, the adultery seem not toke place during Hummurabi Code time. For instance, if a man was captured in war, his wife can go to another house and having the children and she shall be blamless.

We can honestly addressed that women right were seem less practices because of the fact that, when coming to the divorcing, man was optional and the property estate were not equally share among the husband and wife. However, she shall get only property equally as/to that one son.

It was not fair and justice at all, of course, if she had been a bad wife, he shall sent her away, while the husband kept the children and her dowery, or degraded her to the position of a slave in his house, where she could have only food and clothing.

If she was a widow, she could ask for remarry but approval and consent from judicial. With this statement, we could see that the women rights was zero by that time.

In contrast, if we compared women rights in both codes, Hammarabi and Magna Carta we can clearly see that Magna Carta they have empowerment toward women rights. For instance, no widow shall be compelled to marry. If is definitely right of the women. Every citizens are equally before law. She can make her choices and decision regarding marry. She must give security that she will not marry without royal consent.

Marriage is is the long life to live together between husband and wife, if marry by force it will be not long lasting nor happiness.

With Magna Carta code, we would like to illustrate that there were respect Human Rights, Women rights, children rights and women empowerment.

From my point of view, Hammurabi the purposed of the code is want to increase the manpower so that they can protect and defence their crown. As can be seen, on article 134 has stated that that if a man captured in the war and his wife can go to another house and she shall be blameless. Article 135, has stated the same thing that if a man was captured in war and his wife go to another house and bear him children. She also blameless.

Even if Magna Carta has less code than Hummurabi, but there were a lot of interests and benefits for our present day society since Cambodia constitutional law we adopted and rectified the UN charter and convention of declaration of Human Rights in 1993.

In short, Magna Carta code it was the benefit and necessary tools of law for our present situation because of the fact that baron have done certain amount of rigth job in order to avoiding one man or king ruling and exercise the power without moral. This is demonstrated that the Magna Carta is the state of democracy and state of rule of law.

6 comments:

Anonymous said...

Very good written and clear explaination, but less support source in comparing of Magana Carta clause (which/some more clause that matched and contradict with Hammurabi codes.
Thanks!

Key Manera said...

Hi, as I read through your paper I can that girls really have less power than man, but I have a little doubt that " What if the girl was forced by her monther to get married with someone she doesnt love? does she has any right to say no? or she has to follow her mother's decidsion ? "

Seka said...

I want you to explain me on what you have said that a widow in Hammurabi code when want to remarry must be approval from judge consent, why do you think that it's kind of women right is zero?

According to my understand on this article, it wasn't mean that a widow has no right to remarry, but what the law stated that should be approval by judge consent is that means when a widow remarry, then the judge need to use his consent in examining the properties of her first widow's husband because the first husband's properties will be handed over to a widow and her new husband (if she remarried)to take care; furthermore, both of them couldn't spend or sell any properties of the first husband as this properties will use to raise up his (first husband) children and all those properties will give to his children when they are grown up; therefore, this article set an obligation to a widow to get approval from judge consent in examining her first husband properties if she wants to remarry. Also, this article set an obligation for a widow and new husband must taking care of the first husband's properties by not sale any properties and give back to the first husband's children as a inherit from their father when they are grown up. Moreover, I think this article is good because if you see the real situations in our real life or in our society nowadays most people if they remarry, they rarely care about their ex-husbands or ex-wives's children because they only care the most on their new family and their new children. Sometimes they spent their ex-husbands or ex-wives's properties to enjoy happy life with new family and don't even use money to raise up their first children and even not share any inherit to their fist husband or first wife's children.

I hope you would not mind with my comment on this because I just share some ideas of what i understand on this article, and I don't mean that all what I understand on this is absolutely correct.

John Se said...

Hi Manera,
I have not seen any article talking about girls forcing married by mother. As I can say, during both times Hammurabi and Magna Carta father is the breadwiner and could decide on thier daughter faith. Am I answer to your question?

John Se said...

Seka,
Thanks for your detail and clear explaination. You are obsolutely right. It was real in our walk of life. Most the new families they do think only their new members. What I am trying to explain is that MARRY is your final decision, weather it is going to be bad or good, yet, you don't need to get any approval from other person but because they don't know what is going on with you. For instance, I don't you are single or married man, however, when you want to marry, of course, you get approval from parent BUT not JUDGE. I do understand that it was good for both new family and society if the article interpret as well and the same as your comment. I look forward to hearing you more.

Key Manera said...

Yes, thank you as you said farther is the breadwiner, so I think farther can force her daughter to get married. Because he could decide on his duagher faith.