Code of Hammurabi in Ancient Babylon

Mesopotamian Law Defining Justice for Three Distinct Classes

Mar 14, 2009

Although not the first ancient law code, Hammurabi's Code brought together local legal traditions that defined the social and economic norms of Near East society.

The Code of Hammurabi, the Babylonian king who ended his 43-year rule in c 1750 BC, represents one of the first attempts to bring together the legal expectations forming Mesopotamian social and economic norms. According to Daniel Snell, “It was not intended particularly to be a collection of all kinds of provisions that were to be enforced in Hammurabi’s domains.” The Code is often equated with the notion “an eye for an eye and a tooth for a tooth,” highlighting its perception as a “code of retribution.” The Code, however, may go far beyond these common representations.

Hammurabi the Babylonian Law Codifier

Hammurabi’s “Code” was not the first instance of law codification. Ur-Nammu, an earlier Sumerian king (c 2100 BC) is frequently credited as the first “lawgiver” in history. According to Arthur Ungnad, several earlier Mesopotamian rulers including Urukagina and Sumulael promulgated laws. Ungnad points out that Hammurabi was the first king, however, “who used the language of the people, i.e. the Semitic idiom.”

It is also worth noting that Hammurabi derives his code from the sun-god, depicted on a throne with rays of light streaming from his body. Although the Code separates law and religion, Hammurabi credited the Code with divine order: it did not originate with man, although many of the precepts in the code conformed to long established local practices. The later Mosaic Code, which paralleled Hammurabi’s Code in many instances, due perhaps to the Amorite influence, was also attributed to deity; Moses received the Ten Commandments from the hands of God.

Hammurabi’s Code comes at the end of his 43-year rule. During his long reign, Hammurabi greatly extended Babylonia to the southern borders of Asia Minor. Using diplomacy as well as war, the middle years of his rule were spent defeating rival city-states and consolidating his own power. The Code refers to Babylon as the “supreme in the world.” His empire unraveled quickly after his death, coinciding with the rise of the Hittites and the Assyrians.

Purposes of Hammurabi’s Code

The prologue declares that the ultimate purpose of the Code is to “make justice appear in the land, to destroy the evil and the wicked that the strong might not oppress the weak…to give light to the land.” Other translations refer to “justice radiating” over the land and substitute “sinners and evildoers” for “the wicked.” The Code proceeds to define three groups or classes: the upper class, identified by a term that refers to “men;” everyday, common citizens, and slaves. Every member of the community, even the lowest slaves, had some modicum of legal protection.

Samuel Kramer writes that the Code was, “primarily a collection of case law describing all sorts of crimes and misdemeanors and specifying the…punishments to be meted out for them.” Thus, examples are provided for physicians, house-builders, and other trades in terms of just payment for services as well as punishments for what might be termed negligence.

Some punishments were left to divine decision: sorcery, for example, was addressed by a water ordeal to be decided by the river-god. Other punishments were more direct: the kidnapping of a child, whether free or slave, was punishable by death. Snell, however, comments that, unlike true case law used as precedent, the Code merely defined social norms. “Local tradition determined justice,” and this varied widely throughout Mesopotamia.

The Code of Hammurabi Today

Discovered in December 1901/January 1902, the Stele upon which the Code was written was taken to Paris where is can be viewed today in the Louvre. A French archaeological expedition unearthed the Code in the ruins of Susa, the ancient capital of the Persians.

Arthur Ungnad, “The Code of Hammurabi,” The International Standard Bible Enclyclopaedia James Orr, General Ed. Vol. II (Wm. B. Eerdmans Publishing Co. 1939) pp 1327-1332.

The copyright of the article Code of Hammurabi in Ancient Babylon in Near Eastern History is owned by Michael Streich. Permission to republish Code of Hammurabi in Ancient Babylon in print or online must be granted by the author in writing.