13 Hammurabi’s Code
Learning Objective
- Describe the significance of Hammurabi’s code
Key Points
- The Code of Hammurabi is one of the oldest deciphered writings of length in the world (written c. 1754 BCE), and features a code of law from ancient Babylon in Mesopotamia.
- The Code consisted of 282 laws, with punishments that varied based on social status (slaves, free men, and property owners).
- Some have seen the Code as an early form of constitutional government, as an early form of the presumption of innocence, and as the ability to present evidence in one’s case.
- Major laws covered in the Code include slander, trade, slavery, the duties of workers, theft, liability, and divorce. Nearly half of the code focused on contracts, and a third on household relationships.
- There were three social classes: the amelu (the elite), the mushkenu (free men) and ardu (slave).
- Women had limited rights, and were mostly based around marriage contracts and divorce rights.
Terms
cuneiform
Wedge-shaped characters used in the ancient writing systems of Mesopotamia, impressed on clay tablets.
ardu
In Babylon, a slave.
mushkenu
In Babylon, a free man who was probably landless.
amelu
In Babylon, an elite social class of people.
stele
A stone or wooden slab, generally taller than it is wide, erected as a monument.
The Code of Hammurabi is one of the oldest deciphered writings of length in the world, and features a code of law from ancient Babylon in Mesopotamia. Written in about 1754 BCE by the sixth king of Babylon, Hammurabi, the Code was written on stone stele and clay tablets. It consisted of 282 laws, with punishments that varied based on social status (slaves, free men, and property owners). It is most famous for the “an eye for an eye, a tooth for a tooth” (lex talionis) form of punishment. Other forms of codes of law had been in existence in the region around this time, including the Code of Ur-Nammu, king of Ur (c. 2050 BCE), the Laws of Eshnunna (c. 1930 BCE) and the codex of Lipit-Ishtar of Isin (c. 1870 BCE).
The laws were arranged in groups, so that citizens could easily read what was required of them. Some have seen the Code as an early form of constitutional government, and as an early form of the presumption of innocence, and the ability to present evidence in one’s case. Intent was often recognized and affected punishment, with neglect severely punished. Some of the provisions may have been codification of Hammurabi’s decisions, for the purpose of self-glorification. Nevertheless, the Code was studied, copied, and used as a model for legal reasoning for at least 1500 years after.
The prologue of the Code features Hammurabi stating that he wants “to make justice visible in the land, to destroy the wicked person and the evil-doer, that the strong might not injure the weak.” Major laws covered in the Code include slander, trade, slavery, the duties of workers, theft, liability, and divorce. Nearly half of the code focused on contracts, such as wag