Saturday, November 25, 2017

What does Hammurabi’s Code reveal about societal values and realities?

Hammurabi’s Code is one of the earliest preserved written law codes. The best preserved copy was inscribed on a tall stone stele that would have been publicly displayed. It was written in approximately 1754 BC and set out rules concerning what now would include both criminal and civil law, including penalties for violations of many of its prescriptions. The introduction to the code states the following:

Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak.

This introductory portion concludes by stating that Hammurabi "brought about the well-being of the oppressed." This suggests that the purpose of the law code is to create a social system that is bound by rules and is not corrupt. In this system, the powerful cannot act with impunity, and the ruler acts in accordance with the will of the gods to protect the weak from injustice. This suggests a theocracy, in which religion and kingship are closely tied together.
Additional important information about the society can be seen in the high level of social stratification, as penalties for a crime depend on gender and social position. Slavery is an accepted part of the code.
Finally, much of the code concerns commerce, employment, and property, suggesting an economically advanced society with substantial amounts of domestic and foreign trade. There are craftspeople, bureaucrats, merchants, landowners, agricultural workers, and slaves.
https://avalon.law.yale.edu/ancient/hamframe.asp


Firstly, Hammurabi’s Code demonstrates the idea of justice based on retaliation in an early civilization, as can be found in provisions analogous to the famous saying, "an eye for an eye, a tooth for a tooth." Offenders of physical harm are punished in exactly the same way the victims are harmed by them, given that they are of the same class.
Secondly, the Code reveals the class distinction of the ancient Babylonian society. It divides the population into three classes: property owners, freed men, and slaves, and provides for varied punishments for the same crimes based on the class of the victims and the perpetrators. Those belonging to the lower classes receive much more severe punishments for doing the same wrongs and get less compensation for suffering from the same damage as those belonging to the upper classes.
Thirdly, it is evidence of the patriarchal nature of the society. Although the laws attempt to grant some protection to women and children from patriarchal abuse, men are entitled to more rights than women and are permitted to sell their wives and kids into slavery under certain circumstances, such as to pay off debts.
Last but not least, the Code embodies the absolute power possessed by the top ruler of ancient Babylon. Made and enacted by Hammurabi, the Code is in effect a representation of the king’s own judicial beliefs rather than the general public’s.  Although many rules may seem unfair from a modern perspective, Hammurabi’s Code served to maintain the social order and reinforced the king’s reign, as well as provided inspiration for many later rule-makers.


Hammurabi's Code, found in modern-day Iran in 1901, is a collection of 282 laws inscribed on a pillar during the reign of Hammurabi, the king who ruled Babylonia from 1792-1750 BCE. The set of laws governed all people in Hammurabi's empire, showing a sense of fairness and justice. Although there were differing laws for the nobility, for common people, and slaves (reflecting the existence of social hierarchy), many of the laws governing the upper classes were harsher than those for other people. In addition, if a person accused another person wrongly of a capital crime, the accuser would be put to death. The law reflected a sense of fairness and built in protections for the accused. In addition, women were granted certain rights, such as the right to buy or sell land or get a divorce. 
Many of the laws are about property, showing that the Babylonian society valued property rights. For example, if someone was found committing a robbery, that person was put to death. In addition, the laws showed that the society valued hierarchy and social and familiar order; for example, a son who struck his father would be punished by having his hands cut off.
 

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