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In my research of Mesopotamia, I haven noticed particular emphasis on business and law. The cuneiform writing system was heavily utilized in business and trade, and was an essential part of the Sumerian legal system. I learned in the presentation at the HBLL that even some of the smallest business dealings were recorded on the clay tablets. I talked extensively in a previous post about the way a written code or law developed in Mesopotamia almost as soon as a written system had developed.

It seemed to me that a society that was heavy on business and law would naturally develop a form of written contract. And, turns out, I was correct. This source puts the first written contracts as having originated in early Mesopotamian civilization.

“Mesopotamia. Historical records tend to support that the Evolution of Contracts Writing has its roots as far back as Mesopotamia in 2250 BC with a simple type of contract law, which dealt with mainly the public and the governing ruler. Some of the records are somewhat difficult to read and translate but anthropologist and historians have located some documents. The laws or contracts tend to govern both public and private lives. What is interesting is the fact that the deeds or agreement seem to be drawn up by what we call a notary public in the temple area and confirmed by the ruler or god. Trade was prevalent thus leading to examples, which set the foundations of our modern day Supply Chain Management functions. One good example of the law is: When a merchant gives to his clerk grain, wool, oil, or some other merchandise for sale, the clerk shall give a strict account and turn in the money to the merchant: and the merchant shall give to the clerk a receipt for the money paid over to him.”

Written contracts pop up whenever there is a civilization with a writing system. But why?

I believe it has to do with the varying types of communication and the characteristics of each. In an oral society, contracts would be entirely verbal. The only assurance one has for the validity of a statement is the speaker’s “honor” or his promise. This works wonderfully if those involved remain honest and trustworthy. However, through experience, we know that not all men are honest. And so, as writing systems developed, so did written contracts. These written contracts were seen as a more effective solution.

How are written contracts any better, though? The answer is simple. Writing has inherent authority. Written things do not need their character vouched for. They can be preserved and referred back to in case of a dispute. A written contract cannot be easily dismissed, and it protects both parties from damage.

Sumerian cylinder seal

            Brianne’s post on cursive writing led to an interesting side conversation about signatures. Signatures play a key role in written contracts, as they give the contract legitimacy and authority. I was interested to learn that the Sumerians invented the first form of signature, the seal. These intricate seals were used to give authority to “commercial transactions and administrative procedures”. Seals remained a common form of signature up until the last few centuries. (There is a wealth of interesting information about signatures on this page.) A signature is something unique to written systems. I’m laughing to myself trying to imagine an oral signature. “Yes, I agree to trade my pet chicken for your fancy hat…Alexander R. Burton”.

Wax seal

I know that this is more applicable to the Digital Civilization class Professor Burton will be teaching, but I’m extremely interested to know the future of signatures. They’ve evolved from seals on important documents, to fancy looking handwriting, and devolved to less fancy looking handwriting. Will the digital age usher in a new form of signature? The possibilities are quite fascinating.