criminal-law rape sanctions
Which parts of classical enactments division do the laws of Gortyna contain?
<p>According to the classical scheme, modern enactments include 3 parts: hypothesis, disposition, and sanction. Is this scheme applicable to archaic laws of 7-5 BCe?</p>
<p>For example: &quot;if you rape a free woman, you have to pay 10 staters&quot;. Is the part: &quot;if you rape a free woman&quot; a hypothesis or a disposition? To me it looks like the hypothesis because it contains conditions.</p>
<p>And is the next one: &quot;you have to pay 10 staters&quot; a disposition or a sanction? It looks to me as the disposition part, because there's no information about what will happen if you don't pay.</p>

<blockquote>
<p>Is this scheme applicable to archaic laws of 7-5 BCe?</p>
</blockquote>
<p>Not in the example you provide, although legal systems that predate the Gortyn code contain portions which present the structure hypothesis-disposition-sanction.</p>
<p>Disposition is <a href="https://www.law.cornell.edu/wex/disposition" rel="nofollow noreferrer">defined</a> as &quot;<em>the final determination of the court in a criminal charge</em>&quot;. Thus, the law &quot;<em>if you rape a free woman, you have to pay 10 staters</em>&quot; only contains a hypothesis and a sanction. The disposition is implicit, i.e., implied by whether or not the accused person is sanctioned.</p>
<p>By contrast, some portions of ancient laws do contain a[n explicit] disposition. As an example, consider rules 11 and 12 of the <a href="https://avalon.law.yale.edu/ancient/hamframe.asp" rel="nofollow noreferrer">Code of Hammurabi</a>. Both rules include the proposition (or disposition) &quot;<em>he is an evil-doer</em>&quot; right in between a hypothesis and the corresponding sanction.</p>
