When The Law Doesn’t Age Well: The Jury’s Out

I recently came across an article on historical laws which seemed blasphemous and absurd to my 18 year old self. This article had me deep in thought and I realized how much our world has evolved for the better when it comes to our definitions of justice and ethics. These laws wouldn't survive the scrutiny of the modern world due to its unjust and outdated principles and how it is incompatible with current human rights laws. I thought it would be interesting to take a look at some of these laws which were practiced in various parts of the world through a modern lens. So let’s drag these dusty, ancient laws into the witness box and let the modern jury proclaim the verdict!

Child Marriage

According to UNICEF, “Child marriage refers to any formal marriage or informal union between a child under the age of 18 and an adult or another child.” A modern jury would be unanimously against such a practice as marriage is a sacred institution and not something a naive child should be coerced into before attaining the age of maturity to enter such a union. In India, The Prohibition Of Child Marriage Act(2006) prohibits child marriage and such contracts are voidable in nature. However, it still is prevalent amongst many conservative traditions of the world and have not been eradicated completely.

Practice of Sati

Sati refers to the ancient practice of burning a widow alive at her deceased husband’s funeral pyre. It is one of the most controversial practices in history. Lord William Bentinck, the first governor general of British-ruled India, banned this inhumane practice. Evidences of this practice are still available, such as the works of the French traveler, Francois Bernier, who wrote about his encounter with such an incident while travelling through Lahore and witnessing a child widow being forcibly immolated on her husband’s funeral pyre.

Witchcraft laws

In recent times, witches are beloved and are one of the top three Halloween costumes of the time. However, during the earlier times, they were frowned upon, and were even burnt to death. It was a felony to practice witchcraft in American colonies. Under this law, people who were alleged to be practicing witchcraft were put to death. Often times, people, especially women, who were considered social outcasts and stood out were termed to be “witches’. Later on, it was proved that these women were in fact, not witches, but rather were mentally challenged. During the Salem Witch Trials of 1692, more than 200 people were accused of practicing witchcraft. A considerable amount of these people were executed, most by hanging.

Code Of Hammurabi

The Code Of Hammurabi is one of the oldest, deciphered judicial texts till date and has inscribed multiple harsh punishments. It originated in Babylon city of the Mesopotamian civilization. One of its most important legal codes was the concept of “An eye for an eye and a tooth for a tooth”. The code consists of multiple brutal punishments like severing one's tongue, nails, etc. However, versions of these laws have been adapted in several legal texts of today’s world.

Coverture Laws

Coverture was a doctrine which stated that a married woman had no identity on her own, but rather was seen as the subject of her husband. On birth, a female child was covered under her father’s legal authority and on marriage, her husband’s. Consent was a non-existent concept and women who were subjected to ill treatment by their husbands had no way out of this misery. The wife and the husband were considered to be a singular entity. This principle dates back to the Middle Ages.

Sumptuary Laws

This law prevented expenditure of the 'common people’ on things that were considered to be a 'luxury’ like good clothes, food, etc. This structure was imposed to maintain the class division. Due to their social and economic background, people belonging to the lower rungs of the social ladder were forbidden from wearing nice clothes or indulging in any sort of luxury or extravagance. Fashionable clothes and other such items were limited to the nobles and the rich. These laws have rooted from deep inequalities. People who were found violating such laws were fined or in some cases even imprisoned.

Duel Laws

Duels were a form of mutual combat where disagreements were settled through armed combats and the victor "won" the case. It was based on a code of honor. The person who felt dishonored usually challenges the other person to a duel, in a place and time of a third party’s choice. The quarrels were prearranged and elaborate rules were set up in advance. Duels have been declared illegal in the US since the civil war. In most cases, the person who disarms or inflicts any injury, even minor, on the other party emerged victorious.

Conclusion

It’s 2025 people. If your law came from the Victorian era, maybe it’s time to let it go. A modern jury with a basic skill set and critical thinking abilities are not tolerating such absurd codes. I can see them screaming “Objection” or just burst out laughing at how ridiculous some of these laws sound. Historical laws emphasized more on superstitions and control rather than redressal of justice. Justice wasn’t always “just”. We also see that just because something is legal doesn't mean it's right. Let us know in the comments what your verdict would be if you were a part of this jury!