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Horace Mann Middle School > Grade 6 > Mr. Corey > Social Studies

Code of Hammurabi
Notes from 11-17-8
- 282 laws
- protected men, women, and children unlike many early codes of law
- eye for an eye – tooth for a tooth
- carved on stone pillar which survived
- on top of pillar is a scene of a god giving H the laws – gift from important make people more likely to follow them
- not the first code, one of the earlier codes
- laws helped him H establish law and order and keep his kingdom together

There are two explanations of the Code of Hammurabi on this page.

Charles F

Charles F. Horne: The Code of Hammurabi: Introduction

http://www.fordham.edu/halsall/ancient/hamcode.html

[Hammurabi] was the ruler who chiefly established the greatness of Babylon, the world's first metropolis. Many relics of Hammurabi's reign ([1795-1750 BC]) have been preserved, and today we can study this remarkable King....as a wise law-giver in his celebrated code.

[B]y far the most remarkable of the Hammurabi records is his code of laws, the earliest-known example of a ruler proclaiming publicly to his people an entire body of laws, arranged in orderly groups, so that all men might read and know what was required of them. The code was carved upon a black stone monument, eight feet high, and clearly intended to be reared in public view. This noted stone was found in the year 1901, not in Babylon, but in a city of the Persian mountains, to which some later conqueror must have carried it in triumph. It begins and ends with addresses to the gods. Even a law code was in those days regarded as a subject for prayer, though the prayers here are chiefly cursings of whoever shall neglect or destroy the law.

The code then regulates in clear and definite strokes the organization of society. The judge who blunders in a law case is to be expelled from his judgeship forever, and heavily fined. The witness who testifies falsely is to be slain. Indeed, all the heavier crimes are made punishable with death. Even if a man builds a house badly, and it falls and kills the owner, the builder is to be slain. If the owner's son was killed, then the builder's son is slain. We can see where the Hebrews learned their law of "an eye for an eye." These grim retaliatory punishments take no note of excuses or explanations, but only of the fact--with one striking exception. An accused person was allowed to cast himself into "the river," the Euphrates. Apparently the art of swimming was unknown; for if the current bore him to the shore alive he was declared innocent, if he drowned he was guilty. So we learn that faith in the justice of the ruling gods was already firmly, though somewhat childishly, established in the minds of men.

Yet even with this earliest set of laws, as with most things Babylonian, we find ourselves dealing with the end of things rather than the beginnings. Hammurabi's code was not really the earliest. The preceding sets of laws have disappeared, but we have found several traces of them, and Hammurabi's own code clearly implies their existence.



From MSN Encarta


http://encarta

http://encarta.msn.com/encyclopedia_761557960/code_of_hammurabi.html

Code of Hammurabi, collection of the laws and edicts of the Babylonian king Hammurabi, and the earliest legal code known in its entirety. A copy of the code was unearthed by a team of French archaeologists during the winter of 1901 to 1902 at Susa, in a part of Iran that was once ancient Elam. The code was engraved on a block of black basalt that is 2.25 m (7 ft 5 in) in height. The block, broken in three pieces, has been restored and is now in the Louvre in Paris.

The divine origin of the written law is emphasized by a bas-relief in which the king is depicted receiving the code from the sun god, Shamash. The quality most usually associated with this god is justice. The code is set down in horizontal columns of cuneiform writing: 16 columns of text on the main side and 28 on the back. The text begins with a prologue that explains the extensive restoration of the temples and religious cults of Babylonia and Assyria.

The code itself, composed of 28 paragraphs, seems to be a series of amendments to the common law of Babylonia, rather than a strict legal code. It begins with direction for legal procedure and the statement of penalties for unjust accusations, false testimony, and injustice done by judges; then follow laws concerning property rights, loans, deposits, debts, domestic property, and family rights. The sections covering personal injury indicate that penalties were imposed for injuries sustained through unsuccessful operations by physicians and for damages caused by neglect in various trades. Rates are fixed in the code for various forms of service in most branches of trade and commerce.

The Code of Hammurabi contains no laws having to do with religion. The basis of criminal law is that of equal retaliation, comparable to the Semitic law of “an eye for an eye.” The law offers protection to all classes of Babylonian society; it seeks to protect the weak and the poor, including women, children, and slaves, against injustice at the hands of the rich and powerful.

The code is particularly humane for the time in which it was declared; it attests to the law and justice of Hammurabi’s rule. It ends with an epilogue glorifying the mighty works of peace executed by Hammurabi and explicitly states that he had been called by the gods “to cause justice to prevail in the land, to destroy the wicked and the evil.” He describes the laws in his compilation as enabling “the land to enjoy stable government and good rule,” and he states that he had inscribed his words on a pillar in order “that the strong may not oppress the weak, that justice may be dealt the orphan and the widow.” Hammurabi counsels the downtrodden in these ringing words: “Let any oppressed man who has a cause come into the presence of my statue as king of justice, and have the inscription on my stele read out, and hear my precious words, that my stele may make the case clear to him; may he understand his cause, and may his heart be set at ease!”

23748  
Updated: November 17, 2008  



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