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Code of Hammurabi

 

Code of Hammurabi


The Code of Hammurabi, created ca. 1700 BC (short chronology), also known as the Codex Hammurabi, is one of the earliest sets of laws found, and one of the best preserved examples of this type of document from ancient Mesopotamia. Other collections of laws include the codex of Ur-Nammu, king of Ur (ca. 2050 BC), the Codex of Eshnunna (ca. 1930 BC) and the codex of Lipit-Ishtar of Isin (ca. 1870 BC).

It shows rules and punishments if those rules are broken. It focuses on theft, farming (or shepherding), property damage, women's rights, marriage rights, children's rights, slave rights, murder, death, and injury. The punishment is different for different classes of offenders and victims. The laws do not accept excuses or explanations for mistakes or fault: the Code was openly displayed for all to see, so no man could plead ignorance of the law as an excuse. Few people, however, could read in that era (mainly scribes).

Hammurabi (1728 BC–1686 BC) felt he had to write the code to please his gods. Unlike many earlier and contemporary kings, he did not consider himself related to any god, although he did call himself "the favorite of the gods". In the upper part of the stela Hammurabi is shown in front of the throne of the Sun god Shamash.

The laws (numbered from 1 to 282, but numbers 13, 66–99, 110, and 111 are missing) are inscribed in Old Babylonian on an 8 foot tall stela of black diorite. It was discovered in 1909 in Susa, Elam, what is now Khusistan. It is currently on display at the Louvre Museum in Paris, France.

The code is often pointed to as the first example of the legal concept that some laws are so basic as to be beyond the ability of even a king to change. By writing the laws on stone they were immutable. This concept lives on in most modern legal systems and has given rise to the term written in stone.

Differences from Mosaic Law

Some parts of the Mosaic law are similar to certain sections of Hammurabi's Code, and because of this certain scholars claimed that the Hebrews derived their law from it. However, the book Documents from Old Testament Times states: "There is no ground for assuming any direct borrowing by the Hebrew from the Babylonian. Even where the two sets of laws differ little in the letter, they differ much in the spirit."

Here are some examples of the differences:

References

  • Oppert & Menant (1877). Documents juridiques de l'Assyrie et de la Chaldee. Paris.
  • Kohler, J. & Peiser, F.E. (1890). Aus dem Babylonischen Rechtsleben. Leipzig.
  • Falkenstein, A. (1956–57). Die neusumerischen Gerichtsurkunden I–III. München.

    See also

  • Quid pro quo
  • Manu Smriti

    External link

  • English translation of the code



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