Chapter 10 surveys the history, the concepts and the institutions of property in premodern India, China, the Near East, Egypt, Greece and Rome. Formal rules of ownership and inheritance formed the basis of all premodern legal regimes and undergirded economic performance (for instance, growth), as has been frequently stressed by New Institutional Economists. The enforcement of property rights reveals a good deal about the diverse economies, environments and cultures of premodern societies. The chapter summarizes the sources for property rights, which are rich and varied; and the control and use of resources occupy a considerable part of private legal documentation in all premodern systems that have yielded written material.

This chapter notes how ancient societies used capital punishment, highlighting methods of execution and various legal codes (e.g., Draco's Code and the Code of Hammurabi) authorizing executions. The chapter discusses the "divine right of kings," corporal punishments used in prior centuries, and the lex talionis doctrine. It also highlights how punishment practices were tied to religious and societial beliefs, including interpretation of religious texts. The chapter traces the change in the law from the Dark Ages to the Enlightenment, taking note of how judicial torture--a practice associated with contintental European civil law systems--was outlawed in certain locales in the eighteenth century even as harsh systems of punishment (e.g., the English "Bloody Code") persisted. The chapter also describes the Enlightenment thinkers--John Bellers, George Fox, William Penn, Voltaire, Montesquieu, Frederick II, Cesare Beccaria, and William Blackstone--who critiqued torture and capital punishment or called for the death penalty's abolition or curtailment. The chapter describes the death penalty's abolition in Tuscany (1786) and Austria (1787) and how the Enlightenment shaped the law.

The content and significance of Hammurabi’s law code stela, including material and artistic aspects as well as text, are described and related to earlier law codes from other cities and biblical parallels. Protection of property, trade, family, warfare, and personal injury are among the topics. The separate content of its prologue and epilogue are discussed. The system of scribal education that lay behind its composition, from primary school to tertiary, was based on a formal curriculum beginning with sign lists and word lists. Model contracts and model letters, and extracts from myths and epics are found alongside satire and humour. The importance of divination and oracles for military success is emphasized. Precursors to themes later found in the Epic of Creation, such as gods waging war against Chaos can already be found in contemporary literature. The rise of Marduk can be traced in relation to Hammurabi’s conquests. The downside of warfare is explored in the Poem of Agushaya. The Epic of Creation is of central importance for Marduk and Babylon as world leaders, superseding earlier claimants. Epics from southern Mesopotamia are earlier and do not feature Marduk or Babylon.

The First Dynasty, an unbroken succession of Amorite kings, lasted 300 years despite a major rebellion. Babylon had close relationships with the nearby cities Sippar, Kish, and Borsippa. Trade and alliances reached much further. The Sumerian king-lists of earlier times were replaced by Babylonian equivalents, various cities having their own version. Kings briefly recorded major events; names were given to each year of their reign for dating documents. Trade was widespread, by canal and river, or overland by donkey. Royal edicts excluded certain groups from trade. Evidence comes from a profusion of clay tablets. Official letters are plentiful. Priestesses of Marduk carried out trade for Babylon in other cities. The temple of Marduk was built and furnished with a golden throne. Elamite control over several major cities, which left its mark on temple design, was ended by Hammurabi late in his reign; there is a possible connection with Genesis 14:1–16. Regular edicts were issued to release individuals from debt and to regulate trade. The main powers were Halab (Aleppo), Eshnunna, and Larsa, until Hammurabi achieved supremacy and claimed divinity. His successor Samsu-iluna followed his father’s example.

This final chapter of Part II reflects on the relationship between kinship and law, both in the Narrative of Transjordanian Tribes and in the biblical corpus more broadly.

Warfare and violence were central to the identity and experience of early states in the ancient Near East. This chapter focuses on the earliest historical records documenting the rise of kingdoms in early Mesopotamia and their relationship with violence and warfare. It argues that a rhetoric of state-sponsored violence developed in Mesopotamia that guided countless generations of behaviour. The only violence that was legitimate was state sponsored and divinely sanctioned. Kings promised to banish violence at home, except when performed under their auspices, and they pledged to bring the outside world to battle in a muscular extension of power over that world. The chapter is divided into three basic parts: first it introduces a series of related topics about how violence and warfare were imagined and understood in early Mesopotamia; second, it discusses violence in its early historical context by examining cycles of violence related to the growth of the state; and finally it will briefly examine the later development of these kingdoms of violence and the royal rhetoric that accompanied their creation and expansion.