Abstract
Many Paleo-Babylonian contracts contain a penalty clause providing in advance for the consequences of a party's delay or non-performance of its obligations, or even a breach of the agreement. This clause often takes the form of a hefty fine or financial penalty, but can also include bodily mutilation, reduction to servitude or even death. The fear of punishment, especially when it threatens the life of the co-contractor, is seen as a guarantee of compliance with the commitment entered into. But the penalty clause also functions as a private penalty, activated outside the intervention of the judge. This dual nature - dissuasive and punitive - will be examined through a selection of practical examples.
