These final sentences bring us to the question of penal laws and the type of punishment in the Code of Hammurabi. Some scientists believe this is the most fascinating and meaningful aspect of the code. This belief is based on an object discovered only a century ago. It has already earned a place next to the Rosetta Stone as one of the most important artifacts of antiquity. This stele (stone pillar) bears the inscription of the codex of Hammurabi and brought to light the laws, culture and life in Babylon. Historians were surprised to find the idea of lex talionis in a code that preceded the Mosaic law (the laws of Moses and the Hebrews) by a few hundred years. Many have concluded that the Mosaic law evolved from the Code of Hammurabi. Scholars quickly rejected this idea, accepting that the two probably have a common origin; There are too many significant differences between the two sets of laws to conclude that the Mosaic law is based on the Code of Hammurabi [source: Bromiley]. Historians often point out that the Mosaic law is more human, and while the Code of Hammurabi refers to punishments according to an author`s class, the Mosaic law does not make this distinction [source: Berolzheimer]. Inspecting the Code of Hammurabi is like looking through a window into ancient Babylon, a bustling agricultural empire with urban centers. These laws have created stability and kept society thriving. Some historians have claimed that the code paints a picture of a society even more advanced and sophisticated than the early Middle Ages in Europe, which began around 500 AD. began [source: Feldbrugge].
The respective stele on which the well-known code is transcribed has been pretty much dragged. In the 12th century BC, the Elamite king Shutruk-Nahhunte brought it from the original city (probably Sippar, the city dedicated to the god of justice) to Susa, where it was eventually found by 20th century archaeologists. Scientists believe that Shutruk-Nahhunte is responsible for scraping the inscription columns on the underside of the tablet (some of which have been reconstructed from copies). When Scheil found the stele, enthusiastic scholars published many books and commentaries on it – and called it the “Code of Hammurabi”. To this day, historians debate the meaning of the codex and the lingering secrets. It offers remarkable insight into the history of law, social justice, and even the Bible. To understand why, we`ll explore some of the most important aspects of code. Black codes were restrictive laws designed to restrict the freedom of African Americans and ensure their availability as cheap labor after slavery was abolished during the Civil War. Although the Union victory gave freedom to about 4 million slaves, the Union won the freedom of the Slave Victory in the Army.
About 100 of these laws deal with property and trade matters, including debt, interest and securities. For example, if a dam failed and subsequent flooding destroyed crops, the laws attributed it to the negligence of the dam owner, who had to compensate farmers who had lost their crops. Since the economy of Babylon was based partly on metallic money and partly on barter, the laws also set certain standards and limits for credit contracts to control the abuse of usury. The code states that a lender can charge a maximum of 20% for a cash-based loan and 33.3% for a grain loan. Lenders also had to sign the contract in front of witnesses and wait for harvest time before demanding repayment. In addition, the code also deals with the idea of a secured loan (secured by a valuable guarantee). Property in the form of land and houses – or even wives and children – could also serve as collateral. Those who were heavily indebted could enter into servitude to settle it. Another package of about 100 laws deals with the family and issues ranging from marriage and children to inheritance, adultery and incest. Marriages were often a business arrangement between the future husband and the father of the desired wife. Divorce was feasible, although easier for men than women. Divorce often came with costs and sometimes forced the husband to return the dowry.
A woman`s incest and adultery are punishable by exile or death. The code considers the father, as one would expect, as the head of the family. Until the child married, the father had the right to use the children for himself or his debtors to work. Fathers might even choose to sell their children. Not only that, but when a child beat a father, the child`s hands were cut off. Around 1771 BC, Hammurabi, king of the Babylonian Empire, promulgated a series of laws for each city-state to better govern his burgeoning empire. Now known as the Code of Hammurabi, the 282 Laws are one of the oldest and most comprehensive written legal texts of antiquity. The codes served as a model for establishing justice in other cultures and are thought to have influenced the laws established by Hebrew writers, including those in the Book of Exodus. The codes were originally carved into a massive monolith of black diorite, eight feet high. The column, which was lost for centuries after the fall of Babylon in 1595 BC.
AD, was rediscovered in 1901 in the ruins of the Elamite city of Susa. In order to maintain the stability of his society, King Hammarubi introduced very severe penalties for certain crimes. As we learned, physical mutilation was a common option for punishment – whether it was cutting off a child`s hands or a woman`s breasts. Death was another punishment. The code specifically mentions about 28 crimes that justify death, including theft, adultery, and witchcraft spells [source: Mercer]. The Hammurabi Code is not a comprehensive piece of legislation, but rather a series of decrees dealing with specific cases and issues such as slavery, debt, trade regulation, marriage and inheritance. There are many codes that prescribe different degrees of punishment for crimes, compensation for certain injuries, fees for surgeons, hairdressers and veterinarians. Here are a few examples. You`ve probably heard of the old “an eye for an eye and a tooth for a tooth” law. For a while, people thought that this idea, called lex talionis (law of vengeance), came from Moses and Hebrew law. The discovery of Hammurabi`s code raised doubts about this.
The codex not only contained lex talionis, but literally dictated such laws for eyes and teeth. If one extended the eye of the other, he would lose an eye. The same was true for teeth and bones. While this may be a bit weird for our modern feelings, it was perfectly rational and fair – at least for Hammurabi. Today, we continue to study the Code of Hammurabi for many reasons, but perhaps mostly because it sheds light on the history of the lex talionis. As nations today continue to grapple with questions about the fairness and ethics of this policy, the Hammurabi Code provides context for the debate. The stele was packed and shipped to the Louvre in Paris, and in less than a year it was translated and widely published as the first example of a written code of law – one that was older but had striking parallels with the laws of the Hebrew Old Testament. Did you know? The Code of Hammurabi contains many severe punishments that sometimes require the removal of the offender`s tongue, hands, breasts, eyes or ear. But the Code is also one of the earliest examples of the presumption of innocence of an accused until proven guilty.
Scholars still debate how the ancient Babylonians interpreted and followed the codex. Inconsistencies and incompleteness of the laws indicate that they were not isolated. Because the code is so specific in the issues it addresses, researchers believe it is a list of changes to a set of existing laws that have been lost in history. To complete his conquest of Mesopotamia, Hammurabi turned north and east. He first set his sights on Mari, an important and prosperous trading center on the upper Euphrates. In the first decades of his reign, Hammurabi focused his attention on the internal development of the kingdom, including the construction of temples, public buildings, and infrastructure projects. Hammurabi`s written documents to officials and provincial governors showed that he was a competent administrator who personally oversaw almost all aspects of governance.