The Code of Hammurabi
Hammurabi’s Law Code, Sumerian Culture and Modern Law
The Babylonian king Hammurabi develops one of the earliest written law codes in ancient Mesopotamia. The codex gives insights into Babylonian culture and ancient law.
The Code of Hammurabi is one of the oldest and most complete ancient law codes ever discovered. Hammurabi was the greatest of the Babylonian kings, reigning in the late 18th and early 17th centuries BCE. The codex, unearthed in 1901, is intriguing in that it not only gives a view into the customs and taboos of Mesopotamian civilization but also provides insights into the ideological origins of other ancient law codes and quite possibly even modern law. The structure of the Code is no doubt familiar to modern lawyers as it begins with a preamble followed by an enumerated list of specific clauses.
The Code’s Preamble
In the preamble, Hammurabi establishes his authority to hand down the laws governing Babylon and states the purpose of the code. Three and half millennia before the idea of “we the people” would be enshrined in western civilization, Hammurabi invokes divine revelation from the god Marduk, the leading deity of the region, as the source of the laws. And while the authority claims may be different from modern law codes, the purpose closely resembles modern western constitutions, establishing justice, defending the populace and promoting the general welfare. The code states that the gods spoke to the king extolling, “…Hammurabi, the exalted prince, the worshipper of the gods, to cause justice to prevail in the land, to destroy the wicked and the evil, to prevent the strong from oppressing the weak, to go forth like the Sun over the Black Head Race, to enlighten the land and further the welfare of the people.” Hammurabi uses the remainder of the preamble to catalog his great achievements as king thereby establishing his worthiness to be the gods’ prophet.
Articles of the Code
A reading of the enumerated laws in the code gives a wealth of information of the structure and customs Bronze-age Babylonia. The codex reveals the hierarchical culture of a warlord aristocracy that was highly dependent on domestic agriculture. As with other near eastern societies of the time, the institution of slavery was well established and regulated. The women and children of Babylon, although afforded some protections under the law, were basically viewed as another form of property. Perhaps the most interesting part of the code is the fact that many areas of modern law were already being addressed by the Babylonians. Specific sections in the codex are dedicated to labor law, medical malpractice, architectural law, divorce and child custody, and bankruptcy protections. These areas are in addition to having the standard criminal prohibitions against murder, rape, robbery, assault and perjury. It is in these criminal statutes that the code contains one of the earliest examples of the “lex talionis” (an eye for an eye) theory of justice. Article 196 states “If a man destroys the eye of another man, they shall destroy his eye.” Other selected clauses include (edited for space and clarity):
Article 2
If a man is charged with sorcery, he who is charged shall throw himself into the river and if he drowns, his accuser shall take his house. If the man survives, he who charged him shall be put to death.
Article 3
If man in a case, bear false witness, or do not establish the testimony that he has given, if that case be a capital case, that man shall be put to death.
Article 48
If a man owe a debt and his harvest fail, in that year he shall not make any return of grain to the creditor, he shall alter his contract not pay interest for that year.
Article 143
If she [a wife] have not been a careful mistress, have gadded about, have neglected her house and have belittled her husband, they shall throw that woman into the water.
Sources:
Great Civilizations: Society and Culture in the Ancient World. Goran Burenhult Gen. Ed. San Francisco: Fog City Press, 2003.
Harper, Robert. The Code of Hammurabi King of Babylon. Chicago: The University of Chicago Press, 1904.
Starr, Chester. A History of the Ancient World. NY: Oxford University Press, 1991.
