The code of Hammurabi
The code of Hammurabi is one of the earliest known law codes written. Hammurabi adopted a principle of “An eye for an eye, and a tooth for a tooth” in his code. An eye for an eye principle, also called as Lex Talionis (Law of retaliation) in Latin, lay the foundation of the code of Hammurabi and many other law codes that followed. The kings of ancient Babylon sought supreme power and established a very centralized political system. Reign of ancient Sumer has its similarities to absolutism, or absolute monarchy that developed in 15th century at France, where the king had no boundaries and stood as the representation of god. The code of Hammurabi was predominant for kings of Babylon to control the empire and justify their rule. The code of Hammurabi is known for its cruel and barbaric punishments, and there are no modern countries that adopt Lax Talionis to their constitution, because it causes numerous issues linked to human rights and violence. However, lax talionis and the code of Hammurabi, at the time of ancient Babylon, was the just law because it served its purpose of stabilizing the empire and improved women rights in great degrees.
The code of Hammurabi served its full purpose to promote the welfare of the people and bring justice to the land. Legal code often starts with the preamble. The code of Hammurabi starts with this paragraph:
When the lofty Anu, king of the Anunnaki gods, and Enlil, lord of heaven and earth, he who determines the destiny of the land . . . pronounced the lofty name of Babylon; when they made it famous among the quarters of the world and in its midst established an everlasting kingdom whose foundations were firm as heaven and earth; [they] … named me, Hammurabi, the exalted prince, the worshiper 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‐ headed people, to enlighten the land to further the welfare of the people. Hammurabi, the shepherd named by Enlil, am I, who brought about plenty and abundance; . . . the powerful king, the sun of Babylon, who caused light to go forth over the lands of Sumer and Akkad; the king who caused the four quarters of the world to render obedience; the favorite of Ishtar, am I. When Marduk sent me to rule the people and to bring help to the country, I established law and justice in the language of the land and promoted the welfare of the people. At that time [I decreed]:
The code of Hammurabi
The Code of justifies Hammurabi’s reign and narrates his purpose to establish law, justice, and welfare of the Babylonian Empire. Many ancient civilizations lacked systemized police organizations unlike modern societies, which led to insecure safety and higher crime rates. Hammurabi incorporated Lax Talionis and numerous death penalties to his law, preventing Babylonians from opposing the law. Cruel punishments were necessary to deter crimes. Many kinds of crime inflicted the death penalty. Death penalty was executed in various ways, from crucifixion, impalement, and burning to death. In modern view, the code of Hammurabi is totalitarian and violent, but the code raised moral standards of the Babylonian Empire, and promoted Babylon, its capital, into one of Sumer’s religious metropolis.
“In my bosom I carried the people of the land of Sumer and Akkad; under my protection they prospered; I governed them in peace; in my wisdom I sheltered them.”
The code of Hammurabi
The line from the stele shows the Babylon’s prosperity under the Hammurabi’s reign and his code. The code of Hammurabi was the just law because it deterred injustice and brought prosperity to the nation, as inscribed in the preamble.
Besides how it served its purpose, the code also ensured women with many rights, which was unprecedented in previous legal codes. There is still a lot of gender discrimination in the code of Hammurabi, which makes the code inapplicable to modern society. However, compared to previous codes of Sumer, such as the code of Ur-Nammu and Lipit-Ishtar code, the code of Hammurabi granted women with legal protection. It allowed women to own a property and ensured it. Women were also allowed to divorce with her husband under some conditions. In contrasts, the Ur-Nammu and Lipit-Ishtar code barely has codes for women. These are the three and the only mentions of women in the code of Ur-Nammu:
- If the wife of a man followed after another man and he slept with her, they shall slay that woman, but that male shall be set free.
- If a man proceeded by force, and deflowered the virgin slavewoman of another man, that man must pay five shekels of silver.
- If a man’s slave-woman, comparing herself to her mistress, speaks insolently to her, her mouth shall be scoured with 1 quart of salt.
The society of ancient Mesopotamia was very centered towards man. Women were considered a property, and while the discrimination continued when the Babylonians took over Mesopotamia, the code of Hammurabi implanted some rules to protect them. The discrimination and difference in social status will still cause major injustice. However, the stage is the ancient Mesopotamia, and the code of Hammurabi was better than any precedents in gender equality.
“If a woman hates her husband and says, ”You may not have me,” the city council shall inquire into her case; and if she has been careful and without reproach and her husband has been going about and greatly belittling her, that woman has no blame. She may take her dowry and go to her father’s house.”
The code of Hammurabi
According to rule 142 of the code of Hammurabi, the women has rights to leave her husband if he has been neglecting and ignoring her. Sounds way too obvious that it’s weird to be written in the rule. However, the women of ancient Mesopotamia were considered as husband’s property, and they were deprived with many rights that are considered very necessary to women of today. Gender inequality and discrimination was prevalent, and the code of Hammurabi was the first code to mention and ensure women’s rights. The code of Hammurabi was the just law because it proposed unprecedented rules to provide women with rights that were deprived for last thousands of years.
People tackle the code of Hammurabi for its immorality, cruelty, and many other series of flaws, however, cruelty was the best option for Babylon to organize chaos. The code of Hammurabi and the lax talionis was also adopted by many civilizations that followed, Assyrians, Elamites, and Persians incorporated elements into their law. The code even affected the Mosaic and Greco-Roman laws. The code of Assyria especially resembled that of the code of Hammurabi. The code of the Assura, made in Assyria around 1000 BCE, has great similarities to the code of Hammurabi in its structure, rules, and brutal punishments. The only reason the code was so popular among ancient civilizations was because it worked. The code of Hammurabi was the just law because it fulfilled its duty to enrich the empire, deter the violation, stabilize the empire, and provided women with unprecedented rights and protections.
Babylonian jurisprudence, court, and execution
The code of Hammurabi has total of 282 rules that dictated the lives of ancient Babylonians, but the code also acted as a jurisprudence of Babylon and Assyria on the execution of the law. Kings of Babylon appointed Galzu (the judges) to refer to the code of Hammurabi and rule the case. A sibu (witness) to act as the jurors of the court. Each side would provide evidence and parties to support each argument. They would swear the court oath, and any kind of the perjury would result in extreme punishments, or by the degree, death. The decision mostly followed an eye for an eye principle. The decision could be reversed, but the Galzu had to take great responsibilities and got kicked from the judge seat.
Probably the greatest factor that makes the law of Hammurabi “cruel” is that the death penalty was too common. As said, cruel punishments were necessary to deter crimes. Many kinds of crime inflicted the death penalty. Death penalty was executed in various ways, from crucifixion, impalement, and burning to death. Even some minor and weird violations such as selling the beer too cheap led to death by drowning.
Babylonian Empire had a superior and lower courts. Superior court was located in Babylon, the capital. Other lower courts were more local, and the litigants had choice to refuse to plead at the superior court and end the ruling at the local courts.
Surely Babylonians installed the organization to govern them and provide justice to the society. Their development and engagement of social structure strengthened the Babylonian Empire. Babylonians grabbed control for almost 300 hundred years until invaders from Asia Minor sacked Babylon and divides Mesopotamia. Mesopotamia, after the fall of the Babylonian Empire, experiences great chaos between the conflicts of Mesopotamian States, emerging force from Egypt, and the invasion of mysterious sea people, marking the end of the bronze age.