The Long History Of Legal Codes

For didactic purposes, I will use as a reference the advent of Islam.  I choose this historical juncture because it occurred at the end of Late Antiquity, after the world had plunged into the Dark Ages.  To help put that development into historical perspective, let’s start with a survey of developments that antedated the ministry of Mohammed of Mecca and the fabled Constitution of Medina.  Here are some highlights from each century.

Late 12th / early 11th century B.C.: Assyrian king Tiglath-Pileser instituted the Code of Ashur.  Meanwhile, Egyptian Pharaoh Amenemope[t] issued his “sebayt” c. 1100 B.C., in which he admonished his heir (in the opening chapter): “Beware of stealing from the poor and oppressing the afflicted.”

11th century B.C.: The Assyrians established the Code of Assura [alt. “Ashur”] c. 1075.  This preceded the ascension of David to the throne in Canaan by two or three generations.  Oddly, THAT particular station that was–according to Abrahamic lore–the focal point of the Creator of the Universe.  Even then, the best the Abrahamic deity was able to come up with (so the story goes) were 613 mitzvot–the vast majority of which were diktats involving inane religious protocols.  In terms of moral guidance, he was only able to issue decrees on matters that, at the time, would have already been a matter of common sense: don’t lie, don’t cheat, don’t steal, and don’t kill fellow members of your tribe.  The ACTUAL “Halakha” was likely not concocted until the 6th thru 5th centuries B.C. (when Judaism was first codified in Babylon during the Exilic Period).  The “Mishnah” (Talmudic commentaries on Judaic law) would not be composed until the 3rd thru 5th centuries A.D.

10th century B.C.: King Mu of Zhou established China’s first legal code.  He composed a landmark treatise later dubbed the “Rites of Zhou”.  As further insights accrued over the ensuing centuries, the code was emended.  The final edition would be issued a millennium later by Han scholar, Liu Xin.

9th century B.C.: King Lycurgus of Sparta established equality among the city-State’s citizens.  Here, the polity was conceived as a “demos” (thereby pioneering participatory democracy).  The arrangement included a deliberative council (the “gerousia”) as well as socio-political empowerment of women–perhaps the earliest case of formal suffrage.

8th century B.C.: Even though the Neo-Assyrian Empire was in its heyday at this time (esp. under Tiglath-Pileser III), surprisingly little is known about the specifics of its governance.  Alas, it was the most significant empire in the world at the time, so it is worth mentioning.

In India, the ethical codes of the “Brihadaranyaka” and “Chandogya” Upanishads were compiled.  Though not LEGAL codes as such, these texts are worth mentioning for the precedents they set, and how early they set them.  Instead of anointing one segment of mankind as privileged (a practice that was de rigueur at the time; and–alas–has predominated ever since), these Vedic works defined the entire world as a sacred house.

A quasi-monotheistic cosmogony was also articulated, whereby humanity was created from “the universal self”.  In another sense, a heno-theistic worldview was proffered via the conceptualization of “Brahman” (a divine unity, pre-eminent among a host of demi-gods).  There could also be found a pan-en-theistic aspect to the worldview presented–as with the precept that nothing should be loved for its own sake, but that things are to be loved for the sake of the Absolute Self (the divine).  This proceeded from the view that everything has this divinity within it.  This would later be echoed by Immanuel Kant as the “divine law” within each of us.

And so it went that a message of universal love was propounded.  Also notable was the imperative of “ahimsa” (non-harm to all sentient beings)…a principle that would be translated to official policy in the 3rd century B.C. by Ashoka the Great (as we shall see).

Much of the discourse in these Vedic works was presented via dialogues–as between, say, “raja” Ajata-s[h]atru and a sage (e.g. Balaki).  Especially noteworthy is the “Madhu-Vidya” [honey doctrine], whereby all humanity is seen as a unified whole.  Hence the mantra “Tat tvam asi” [this is you], which conveys a sense of one-ness between every sentient being.  (This principle became known as “purusavada” in the Vedic tradition.)

Such cosmogony had real-world implications.  The notion of an omni-present divinity (a singular divine essence) meant that each individual was to be treated as part of the divine unity (never as a means only, but as an end in himself, as Kant would later put it).  This insight entailed a mandate for global empathy.  The Abrahamic trope that “we are all made in the image of god” (ref. Genesis 9:6) might be thought of as a crude rendering of the notion that we are all part of one human family. {3}

According to Vedic law, women were at liberty to select their own husbands (in a practice called “swayamvar”), entering into what was known as a “Gandharva” marriage.  Of course, when it came to female empowerment, there existed grave shortcomings–as with the execrable Hindu practice of “sati” (the obligatory burning of a widow on her husband’s funeral pyre).

In the 6th century B.C., Pythagoras of Samos would echo this idea in his “Chrysa Epe” [“Golden Verses”]–stating, “Take heart; all of mankind is divinity.”  Later, the Roman philosopher, Cicero would posit the “divina mens” (divine mind) that pervaded all humanity.  In this view, mankind was guided by the “numen” (divine will).  Later still, the Pauline notion that we are all part of the “body of Christ” would become yet another way in which the view was articulated.  This is all a reminder that even as the idiom in which a mytheme is couched might change from creed to creed, the underlying logic remains.

7th century B.C.: The Greek statesman, Zaleucus of Locris epi-Zephyros established the Occident’s first written legal code.  Now known as the “Locrian code”, it established a citizen council, and encouraged something approaching participatory democracy.  The code was known for the rather severe protocol that anyone proposing a change in law must do so with a noose about his neck (with which he was to be strangled if the change was not passed by the council).  This drastic measure was put in place to ensure nobody abused the privileges accorded to them (thereby hamstringing the deliberative process with frivolous proposals).

Soon thereafter, the Athenian legislator Dracon established the first (formalized) legal code to be enforced by civil courts.  Though overly harsh in many ways (hence the pejorative, “draconian”), the new system served to address the interminable, internecine blood-feuds that wracked the polis.  The code effectively served as the first Constitution of Athens…and arguably the first constitution EVER.  It would be amended by Solon–and then by Cleisthenese–within the next century; thereby laying the groundwork for Athenian democracy.

Meanwhile, the Spartans established a citizen-governed assembly (the “apella[zein]”), and introduced range voting.  Female enfranchisement continued: Women were allowed to own property and manage their own businesses; and many even participated in affairs of State.  The theme of “Apollo’s mandate” was introduced, whereby ordained law was characterized as “the will of god”.  (This was analogous to the Chinese “mandate from heaven, also established in Classical Antiquity.)

During Classical Antiquity, the Roman Republic governed according to the “Leges Duodecim Tabularum” [Law of the Twelve Tables], which served as the de facto constitution of the Republic.  This gave all male citizens–including plebeians–the right to choose someone to represent them in Rome as “tribune”.  Plebeians were even given the right to run for the position of consul.

The code emphasized procedural rights for all citizens (including plebeians), thereby setting the precedent for due process–and even right to voice dissent–that would later be referred to as “habeas corpus”.  Thus the right to free speech (so long as it was not seditious) and to petition the State for redress of grievances (so long as it was not done in a way that disrupted the course of governance) were established.

And so it went that from the Republic’s earliest days, “Lex Valeria” gave ALL citizens (whether male or female, whether rich or poor) the right to appeal convictions through a legal process.  Moreover, “Leges Valeria Horatiae” and “Legas Valeria Pulbicola” gave common-folk (both men and women) the right to challenge the decisions of magistrates.

6th century B.C.: In Persia, the Achaemenids made significant headway.  The “Cyrus Cylinder” (named after Shah-an-Shah, Kurash II; a.k.a. “Cyrus the Great”) established one of the first legal programs based–implicitly–on universal human rights.  His decrees specified that rulers should respect the customs / religions of the countries that were brought under the imperium; thereby establishing the world’s first policy of multi-culturalism and religious tolerance.  While the State apparatus was Zoroastrian in practice, Cyrus was adamant about not forcing his own Faith onto any of the peoples he conquered.  (Bear in mind: At this time, the Achaemenid Empire was the largest and most powerful empire the world had ever seen.)  Cyrus’ policies even enabled the freeing of the Hebrews from their captivity in Babylon, thereby allowing them to undertake a diaspora of their own accord–including some who opted to migrate to Canaan.

(Note: There are other indications of a legal order at the time from inscriptions on the Ishtar gate at Nineveh.)

And so it went that the Achaemenid Empire was known for religious freedom, women’s rights, and taboos against slavery.  The excuse that the world was not yet ready for religious freedom, women’s rights, or the ending of slavery in the 7th century A.D. (the special pleading we hear from Islamic apologists in rationalizing the gross deficiencies of the Sunnah) is thus hogwash.

In India, independent republics known as “ganas” [alt. “sanghas”] were commonplace amongst the Licchavis, Shakyas, Koliyas, and Mallas–replete with a deliberative assembly (“panchayat”) that was usually open to rich and poor alike.  The leader of each municipality (known as a “maha jana-pada”) was a quasi-monarch who was elected by the assembly.  The world’s first OFFICIAL Republic was established at Vaishali (in modern-day Bihar).

Headway was also made in ancient Britannia [“Albion”]–specifically in “[h]Éireann” (archaic Ireland).  Ancient Celtic (Gaelic: “Brehon”) Law specified that a ruler shall not countenance falsehood, nor use his power to oppress his subjects; and that he is obliged to be righteous toward all people, weak and strong alike.  In this system, a judge was known as a “breitheam[h]”.  It also described instances in which a king may be stripped of his power (i.e. whenever he abuses it).  Though the system seems to have been patriarchal, whenever making a decision about disposing of an estate’s property, a husband required his wife’s consent.  This legal code was later articulated in the “Senchas Mar” of the 5th century A.D.

In Greece, the Alcmaeonid statesman, Cleisthenese introduced democratic reforms to the Constitution of Athens.  A popular assembly known as the “ekklesia” was then established at Pnyx–an institution that had been pioneered by Salon c. 594 B.C.  Salon’s reforms included the manumission of slaves–reminding us that abolitionism has a history that long-predates the Abrahamic tradition.  Cleisthenes would expound upon democratic philosophy, championing a system of representative government (though slaves, non-land-owners, and women were excluded from the final decision-making process).

Before judging these short-comings too harshly, we might bear in mind that the celebrated U.S. Constitution, ratified in 1788 A.D., had the EXACT SAME exclusions.  The Athenian assembly–open to all male citizens–retained the name: “ekklesia”.  (It was Solon who ensured that the “ekklesia” was open to all male citizens irrespective of class.)  Meanwhile, there were public assemblies established to organize daily activities (the “boulai”) in which all citizens were invited to participate.  And the court system was the “Areios Pagos” [Rock of Ares].

This was also roughly the time of the Exilic Period in Judaic history, during which the earliest Jewish lore was first codified; and Mosaic law was formally adumbrated in a formulation that would later include the “Halakha” (replete with the “taryag mitzvot”).  There was no noteworthy headway made here in the way of governance. {22}

In Mosaic law, the only worthwhile laws were proscriptions against lying, stealing, cheating, and unsanctioned killing (the last of which was entirely question-begging).  Each of these proscriptions were timeless moral precepts; and were not groundbreaking in any way.

In the late 6th / early 5th century B.C., the Athenian leader, Aristides “the Just” pioneered inter-State jurisprudence as a way to ensure equity between municipalities.  This was done via the establishment of the Delian League–a confederacy of independent States vested with equal rights (a condition known as “iso-nomia”).

Also during Classical Antiquity, the Greek city-State of Chersonesus was a representative democracy, governed by a body of elected “Archons”.  It also convened a council called the “Demiurgoi” [body of demi-urges]–likely a repurposing of the term used by Hesiod in his “Theogony” c. 700 B.C.  (This term was re-purposed again by Plato in his “Timaeus” c. 360 B.C.; and re-purposed yet again by the Gnostics during Late Antiquity.)

5th century B.C.: The Greeks established the “Great Code” of civil law at Gortyn in Crete.  This laid out rights for wives / widows (including property rights).  In cases of adultery, only the male culprit was punished; as the benefit of the doubt was always given to the female.  The code also established the right of all people to a trial.  This was perhaps the first instance of the maxim: innocent until proven guilty.  Rape–including that of slaves–was outlawed.  Alas, non-Aristocratic women were still denied a voice in politics.

Meanwhile, a representative democracy was established in Argos–including an elected assembly: the “aliaia”.  The (Alcmaeonid) Athenian statesman, Pericles provided the first explication for democracy: “Our constitution is called a democracy because power is in the hands not of a minority but of the whole people.”  He then addressed equality: “When it is a question of settling private disputes, everyone is equal before the law.”  He even propounded the ideal of meritocracy: “When it is a question of putting one person before another in positions of public responsibility, what counts is not membership of a particular class, but the actual ability which the man possess.”  This reiterated the notion of a “demos” (the idea that the general populace as sovereign), which became the etymological basis for self-rule: “demokratia”.

Though their role was limited in political affairs, Spartan women controlled their own property, and even the property of male relatives who were serving in the army.  Also in Sparta, girls received an education as much as did boys.  Unfortunately, the Spartans were keen on slavery; and had many draconian laws.

Meanwhile, the Chinese philosopher, Li Kui of Wei composed his groundbreaking “Canon of Laws”.  Mo Di of Lu founded the “Mo-ist” school of logic, and composed the “Mo-zi” (which included discussions of epistemology, ethics, and defensive warfare).  And the “Huang-di Si-jing” [Four Classics of the Yellow Emperor] was first compiled, which was associated with Lao-Tzu (as it grounds civil law in the theology of the Tao).

4th century B.C.: Almost a millennium before the ministry of Mohammed of Mecca, there continued to be significant headway made.  During this century alone, there occurred such ground-breaking contributions as:

• Chanakya’s “Artha-shastra” made significant contributions in (Maurya) India. {4}
• The writings of Mencius of Zhou, Shang Yang of Qin, and Zuang Zhou of Song (a.k.a. “Zhuang-zi”) proffered new theories of governance in China.
• The (Roman) “Lex Licinia Sexta” [Licinio-Sextian Laws] ended most discrimination against plebians in 367 B.C.  The tract helped to give the common-man political equality, and even granted the lower classes the right to hold consulships.
• The Athenian statesman, Xenophon offered a critical analysis of the Spartan Constitution in his “Lacedaemonion Politeia”.
• The Greek philosopher, Plato composed his “Politeia” [Republic] and “Nomoi” [Laws] in Athens.  In the latter, Plato explored the differences between divine law (spec. as it stems from divine revelation) and natural law (spec. natural rights), weighing their respective (dis)advantages.
• Aristotle then provided an adumbration of the “Athenaion Politeia” [Constitution of the Athenians].  He also promoted the idea of elected office-holders in his “Politika” [Politics].  In this landmark work, he explored the integral connection between civic virtue and flourishing (that is: excellence / morality and happiness).  Aristotle also referenced the (Punic) Constitution of Carthage in his disquisition.

The Athenian Constitution would then be refined in 330 B.C., whereby it was rendered in its most iconic form.  (I explore Aristotle’s contribution to political philosophy in Appendix 3.)

Note that a thousand years later, nothing in Arabia–or ANYWHERE, for that matter–emerged that could hold a candle to any of the works listed above.  One wonders: Was the Abrahamic deity just biding his time?

Meanwhile, the Persians continued refining their government.  This included the paving of roads and the pioneering of architecture–as attested by the Mausoleum at Halicarnassus in Caria.

This is also when Alexander the Great conquered most of the known world, bringing entire societies under the ambit of Macedonian rule.  The establishment of such a far-ranging imperium would have been an ideal occasion for the Creator of the Universe to convey his thoughts on the proper conduct of civil society.

Alas.  If we are to believe the Mohammedan narrative, the Abrahamic deity would CONTINUE to refrain from delivering his pivotal memorandum for another THOUSAND YEARS.  But no matter; for–as we shall see–mankind managed to make major inroads into civil society without his help.

3rd century B.C.: The Edicts of Ashoka were established in the Mauryan Empire.  They were composed by a Buddhist who came to be known as “Ashoka the Great”.  His edicts laid out a system for moral behavior (esp. mandates for general benevolence)–including charity to the poor, religious tolerance, kindness to prisoners, and even respect for animals (per the doctrine of “Dhamma”).  It was also the first time a ruler emphasized the importance of environmental conservation.

Ashoka instituted a system of State-funded social welfare.  He even pioneered the concept of public hospitals, public education; but the most notable aspect was publicly-subsidized welfare programs for the poor.

As if all that were not enough, his edicts could be thought of as the first explicit declaration of universal human rights.  (He put forth the first explicit articulation of a global brotherhood of mankind.)  This was groundbreaking, to put it mildly; and the Abrahamic deity had absolutely nothing to do with it. {5}

In China, the great statesman, Wei Yang of Qin (a.k.a. “Shang Yang”) composed the “Shang Jun Shu”.  This seminal treatise articulated sophisticated political reforms–thereby inaugurating the tradition of Chinese “legalism”.  That was followed by further disquisitions by the Chinese political philosopher, Han Fei of Zhou.  The Qin dynasty (under Emperor Shi Huang) then became the first government in history to formally abolish slavery–though only with fleeting efficacy.

And in Greece, the celebrated Achaean “strategos”, Aratus of Sicyon established new political precedents for staving off tyranny.

2nd century B.C.: The “Manu-Smriti” [Laws of Manu] was composed in India.  This legal treatise was so lauded that it was later adopted in parts of China.  Legend has it that its contents dated back to c. 1500 B.C., but such an account is likely apocryphal.  The text addressed moral as well as legal issues.  It promoted compassion, forbearance, temperance, honesty, and self-control as primary virtues.  It also admonished people to abstain from being covetous.  And it strongly discouraged behavior that harmed others; as the principle of non-violence was treated as paramount.

Meanwhile, the “Artha-shastra” continued to be modified, addressing such issues as the State’s role in facilitating social welfare.

In China, the major political treatise known as the “Huainan-zi” was composed.  It was a disquisition compiled from a series of scholarly debates regarding the necessary conditions for an ideal socio-political system.  It was inspired by the tradition of “Fa-Jia”: the aforementioned philosophy of “legalism” established during the 4th century B.C.  Moreover, Emperor Wu of Han established a system of social welfare–animated by public works–whereby measures were undertaken to ensure equal access to State resources.

In the Roman Republic, Cato composed his landmark treatise, “De Agri Cultura” c. 160 B.C.  We should keep in mind, though, that not all progress was welcomed with open arms.  In 133 B.C., the reformer, Tiberius Graccus introduced legislation to break up the large private estates and distribute the land among the poor.  He and his supporters were murdered for the gesture (at the behest of the aristocracy).  Fortuitously, the Gracchan Land Law was nevertheless put into effect.  Graccus’ brother, Gaius then introduced a welfare program in the form of grain subsidies for the poor: the “Lex Frumentarium”.  Gaius too was murdered for the gesture (again, at the behest of the aristocracy; and as with his late brother, along with all his followers).

1st century B.C.: In Rome, the “Res Gestae” were enacted.  Meanwhile, Roman statesman, Marcus Tullius Cicero composed his pro-democracy treatises, “On The Commonwealth” [“De re-Publica”] and “On The Laws” [“De Legibus”].  In these works, he proffered a system of just law–wherein he propounded the idea of responsible citizenship.  He also discussed the importance of public education; and urged the empowerment of “the People”.  (Reference his parable, “The Dream of Scipio”, in which he summarized his ideas.)  Also: Varro composed his landmark “Rerum Rusticarum” c. 37 B.C.

In the midst of all this, a welfare program was established throughout Rome, whereby a system was established to provide grain to the poor.  Emperor Augustus also instituted the world’s first network of public emergency services: the “Vigiles Urbani” (alt. “Cohortes Vigilum”), including a public fire-fighting service (funded by additional taxes on slave-holders).

Notably, a tacit separation of church and state was upheld in Palestine.  It was for this reason that Jews were allowed to practice their religion in the region (that is, so long as nobody disrupted the affairs of the State, or undermined the governing authority of the Roman governor of Judea).

The more erudite elements of the Jewish Halakha can be traced back to the Babylonian rabbi, Hillel The Elder–best known for his famous articulation of the “Golden Rule” (an idea that was so good, a charismatic Jewish carpenter from Galilee would reiterate it a few generations later).  Alas, a half-millennium after Jesus of Nazareth’s fabled ministry, this elementary moral principle was nowhere to be found in Medina.

That brings us to the Common Era.  As the present survey shows, each society found itself rummaging around the vast memo-sphere for the optimal ways to govern a polis.  Few were concerned with–or even aware of–any of the other codes that preceded it elsewhere in the world.  After all, in each case, we find humans simply doing what humans do: working with what they know, and doing their best to devise schemes that work to their advantage. {6}

Needless to say, during the centuries leading up to the ministry of Mohammed of Mecca, the Creator of the Universe had plenty of opportunities to enlighten mankind.  Yet, pace the brief ministry of an illiterate Galilean Jew, who went from carpenter to religious icon, it seems that the Abrahamic deity continued to bide his time.

Let’s proceed with our survey.

1st century A.D.: In China, Emperor Wang Mang worked–with middling success–to abolish the slave trade.  He also instituted an early form of authoritarian communism (i.e. economic collectivization), though–unfortunately–with mostly negative results (largely attributable to some combination of corruption and ineptitude).

In the early part of the century, the Stoic philosopher, Seneca “the Younger” offered key insights into democracy; and continued the tradition of bringing into question the morality of slavery.  For Seneca, respect for humanity was the ultimate standard by which all actual earthly politics must be measured.

Cicero pioneered “just war theory” in his “De Officiis” [On Civic Duties] c. 44 B.C.  (This thread would continue through Hugo Grotius with “On The Law Of War And Peace” c. 1625.  With respect to international relations, Immanuel Kant picked up the thread in 1795 with “Perpetual Peace”.  Then, in the late 20th century, John Rawls put forth “The Law Of Peoples”.)

Toward the end of the 1st century, Plutarch did an evaluation of ancient Greek systems of law in his “Life of Lycurgus”.

The Roman statesman, Gaius Cornelius Tacitus provided the first explicit declamation of the separation of church and state.  He did so by putting forth the maxim regarding State jurisdiction: “deorum injuriae diis curae” [leave offenses against the gods to the care of the gods].  Meanwhile, Claudius wrote about the deliberations of the Roman Senate.

It was around this time that the authors of “Matthew” included the enjoinder to “leave unto Caesar the things that are Caesar’s; and render unto god the things that are god’s.”  Jesus of Nazareth preached forbearance, compassion for THE OTHER, anti-materialism, and humility.  He also entreated people to be kind to their slaves–stopping short of forbidding the heinous practice.  The Abrahamic deity seemed perfectly fine with leaving it at that.

2nd century A.D.: Roman Emperor Trajan established a welfare program, the “alimenta”, that helped orphans and poor children.  He also provided (subsidized) education to the rank and file.

Roman Emperor Antoninus Pius introduced the important principle that accused persons are not to be treated as guilty before a fair trial.  The “innocent until proven guilty” (with the burden of proof on the prosecution) was reiterated by the Roman Jurist, Julius Paulus Prudentissimus.

Roman Emperor, Marcus Aurelius composed ground-breaking commentary, the “Meditations”, a seminal work based on the Greek philosophy of Stoicism.  He instituted many reforms–notably: ensuring that the public could petition the State for redress of grievances; and that all voices would be heard.  He emphasized the importance of philanthropy (esp. taking care of orphans)  He valued public education.  And he encouraged the manumission of slaves.  He even deferred to the Senate when it came to decisions of how to spend the empire’s funds.  He did this even though he technically had the power to dictate the allocation of State outlays.

The Kushan emperor, Kanishka of Gandhara (a.k.a. “Kanishka the Great”) broke new ground in governance.  Via a program of syncretism, he melded Indian theology with Persian theology.  The result was “The Great Kushan Testament” (preserved on the Rabatak inscription).  The doctrine incorporated elements of both Vedic and Zoroastrian lore.  Needless to say, the Abrahamic deity did not see fit to deliver any memos to the region.

3rd century A.D.: Major political texts like the “Yajnavalkya-Smriti” and the “Narada-Smriti” were composed in India.  These groundbreaking works influenced tens of millions…though with mixed results.  We can only presume that the Abrahamic deity, if he existed, was aware of this; yet opted not to intercede.

The Persian “Shah-an-shah”, Shapur pioneered religious toleration.  And throughout the Sassanian Empire, the practice of slavery was drastically attenuated.  Domestic workers existed more as servants (in the sense of indentured servitude; effectively living in a state of serfdom) than in a state of chattel slavery.  (We might bear in mind that the chattel slave-trade would later be globalized by the Muslims of north Africa and Andalusia–esp. the Barbary pirates–during the Middle Ages.)

In the Roman Empire, the “Edict of Caracalla” (a.k.a. the “Constitution of Antoninus”) was composed c. 212.  It expanded enfranchisement to all non-slaves–extending full citizenship to all free-men and free-women in the realm.  The act involved giving most women civil rights on par with most men (though far short of parity with noblemen).  This was ground-breaking, as citizenship was–for the first time–afforded to all people in the empire irrespective of ethnicity (as opposed to being limited to “Romans” exclusively).

4th century A.D.: An assembly called the “arengo” was established in San Marino c. 301.  The small State established the oldest constitution that is still in effect today.  It was democratic.

Meanwhile, the Roman Empire was contending with the monumental task of ascertaining the proper Christian theology–convening council after council in an effort to, as it were, “straighten things out” and get their story straight.  Tens of millions were affected by these pivotal decisions; so, once again, it would have been a opportune time for the Creator of the Universe to chime in.  He demurred.

In a brief moment of morel intrepidity, a bishop in Cappadocia known as Gregorios of Nyssa submitted that slavery was immoral.

In the Far East, China was dealing with the transition from the Han to the (early) Jin and then Sui regimes–whereby the lives of tens of millions MORE people hung in the balance.  Not a peep from the Abrahamic deity in those places either.

5th century A.D.: The Theodosian Constitution (overseen by Antoichus Chuzon “the Elder”) was established c. 438, which held sway over the entire Roman Empire.  The Visigoths then instituted their first code of laws, the “Code of Euric” c. 471.  The Salian Franks would establish a formal system of laws known as “Lex Salica” (under King Clovis) c. 500.

A few years later, Visigothic King Alaric II commissioned the (Germanic) “Breviarium Alaricianum” (the first “Lex Romana Visigothorum”); while Burgundian King Gundobad commissioned the (Frankish) “Lex Burgundionum”.  Both were codifications of civil law.

6th century A.D.: In Persia, the Zoroastrian sage, Mazdak the Younger prescribed a system of social welfare to mitigate poverty (and to prevent highly-concentrated wealth).  This involved discouraging avarice (material excess) and a mandate to provide for those in need.  The program informed the policies of Sassanid Emperor Kavadh, who instituted social welfare programs accordingly.

Meanwhile, in Europe, the (Germanic) Alamanni of Swabia instituted a code of laws known as the “Lex Alamannorum”, thus establishing a systematic way to maintain order amongst the citizenry.

Overall, over the course of Late Antiquity, significant headway was made–though in fits and starts.  And almost none of it had anything to do with the Abrahamic deity.  This includes the quasi-democratic governance used by the Quraysh in the Hijaz, who held councils in what was later dubbed the “Dar al-Nadwa” (a precursor to the “shura”).

Our survey now brings us to the time of a legendary Bedouin merchant in the Hijaz (purportedly from Mecca), who claimed to be the last messenger of the Abrahamic deity.