What was Hammurabi’s Code? What kind of laws did it include? What does it say about cultural values of people

Question

What was Hammurabi’s Code? What kind of laws did it include? What does it say about cultural values of people of Early Mesopatamia?

Answer 1

One key thing to know when considering Hammurabi's "Code" is that it is NOT the first "law code" in Mesopotamian history. Rather, it stands in a line with a number of earlier Sumerian codes (though, unfortunately, these are not as completely preserved).

Here are a handful of things this "Code" seem to reveal about Hammurabi and the society in which he lived:

1) The fact that Hammurabi was following the pattern of several earlier (Sumerian) rulers in issuing this "code" suggests he was NOT trying to establish something brand new (even though the prologue brags a bit about his surpassing his predecessors). He saw himself as much fitness to rule -- since he was a good "shepherd" looking after his people. (This image, emphasized in H's "prologue" to the code, was a common Mesopotamian image for good rulers.)

2) The fact that H. published it at the BEGINNING of his reign --those other rulers did so LATE in their rule-- suggests that the situation was very STABLE at the time. H did not have to spend a lot of time gaining control and fighting for reforms.

3) The same stability & conservatism is suggested by the great SIMILARITY in the sort of principles expressed in the law in comparison with what we have (though incomplete) from the earlier laws (esp of Lipit-Ishtar).

4) There WERE class distinctions that came into play. Thus, for instance, the penalty for injury to a slave would not be as severe as that to a social equal, let alone a superior. (The "eye for an eye" principle -- which is about making sure the punishment is suited to the crime [not excessive] NOT about "getting revenge" -- only actually applied if the parties were of equal social standing.)

5) The legal system was not only stable but rather complex. The laws (like Lipit-Ishtar's) even reflect the more advanced idea of "tort" (that is, damages for an injured party when there is no evidence of criminal intent). All of this indicates a complex society with experienced leading classes (officials, priests, etc).

6) The way the "code" is organized does not suggest an attempt at absolute, careful completeness -- it rather represents more a representative COLLECTION, perhaps of the way such cases had ALREADY been decided, in other words, more a "case law" approach, like the traditional British common law. This again points out the long, gradual and stable history of development... of Mesopotamian societies working out how to handle these matters.

7) This structure as a not quite systematic collection is one reason some hesitate to call it a "law code" at all (and why I use the quotation marks!) More important than that, it is not clear that what we have was USED quite that way. The inscription was posted on a public obelisk -- which itself appears to be a "votive" object, that is, something set up to express devotion to a god (or gods).

And the "code" is set between a prologue and conclusion in which H justifies himself, his faithfulness to the gods, etc. In other words, it all seems to be very much concerned with H's self-presentation -- in part a piece of propaganda (to gods and also to people), justifying his kingship. (In this it would be like MANY royal inscriptions of the Ancient Near East, which recorded and boasted of a king's accomplishments -- in conquering enemies, in building his kingdom and shrines showing his pious devotion to the gods.)

If THAT was his main concern, we must consider the possibility that the code was not meant to 'instruct' judges, and that it did NOT quite reflect the reality of his society and how cases were decided... but rather presented a picture or ideal (either of what they aspired to, or more cynically, propaganda that they did not make much effort to carry out).

To see some of this spelled out with examples, see the excellent series "Mesopotamia Redeemed" by Daniel Foty (esp. parts 5-7 which focus on Hammurabi's laws)

http://www.pkblogs.com/chrenkoff/2004/10/guest-blogger-mesopotamia-redeemed.html
http://www.pkblogs.com/chrenkoff/2004/11/guest-blogger-mesopotamia-redeemed.html
http://www.pkblogs.com/chrenkoff/2004/11/guest-blogger-mesopotamia-redeemed_24.html
http://chrenkoff.blogspot.com/2004/12/guest-blogger-mesopotamia-redeemed.html

**Parts 5-7 = Hammurabi
http://chrenkoff.blogspot.com/2004/12/guest-blogger-mesopotamia-redeemed_09.html
http://www.pkblogs.com/chrenkoff/2005/01/guest-blogger-mesopotamia-redeemed.html
http://www.pkblogs.com/chrenkoff/2005/06/guest-blogger-mesopotamia-redeemed.html

Parts 8-9 = what happened later
http://www.pkblogs.com/chrenkoff/2005/07/guest-blogger-mesopotamia-redeemed.html
http://www.pkblogs.com/chrenkoff/2005/08/guest-blogger-mesopotamia-redeemed.html

Answer 2

Hammurabi is known for the set of laws called Hammurabi's Code, one of the first written codes of law in recorded history. These laws were written on a stone tablet standing over six feet tall. Owing to his reputation in modern times as an ancient law-giver, Hammurabi's portrait is in many government buildings throughout the world. Although his empire controlled all of Mesopotamia by the time of his death, his successors were unable to maintain his empire.

The structure of the code is very specific, with each offense receiving a specified punishment. The punishments tended to be harsh by modern standards, with many offenses resulting in death, disfigurement, or the use of the "Eye for eye, tooth for tooth philosophy". While the penalties of his laws may seem cruel to modern readers, the fact that he not only put into writing the laws of his kingdom, but attempted to make them a systematic whole, is considered an important step forward in the evolution of civilization. Putting the laws into writing was important in itself because it suggested that the laws were immutable and above the power of any earthly king to change. The code is also one of the earliest examples of the idea of presumption of innocence, and it also suggests that the accused and accuser have the opportunity to provide evidence. However, there is no provision for extenuating circumstances to alter the prescribed punishment.

Answer 3

The Code of Hammurabi is acknowledged as the first set of laws recorded and sets down many basic laws.
Many of them follow a harsh middle eastern rule (like "eye for an eye") but are fair when viewed through their eyes (only take an eye for an eye, no more).
As was the norm women are property, religious orthodoxy is strictly followed, and the poor have no rights by modern standards, but that was the expectation in that society.

Answer 4

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