Dear Prof Mr. Stan,
Student names: SE John and IM Meng,
July 11, 2007
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.
Tuesday, July 10, 2007
Dear Prof Mr. Stan,