Code of Hammurabi Nature
. . .[Hammurabi] was the ruler who chiefly established the greatness of Babylon, the world’s first metropolis. Many relics of Hammurabi’s reign ([1795-1750 BC]) have been preserved, and today we can study this remarkable King . . . as a wise law-giver in his celebrated code. . .
. . . [B]y far the most remarkable of the Hammurabi records is his code of laws, the earliest-known example of a ruler proclaiming publicly to his people an entire body of laws, arranged in orderly groups, so that all men might read and know what was required of them. The code was carved upon a black stone monument, eight feet high, and clearly intended to be reared in public view. This noted stone was found in the year 1901, not in Babylon, but in a city of the Persian mountains, to which some later conqueror must have carried it in triumph. It begins and ends with addresses to the gods. Even a law code was in those days regarded as a subject for prayer, though the prayers here are chiefly cursings of whoever shall neglect or destroy the law.
The code then regulates in clear and definite strokes the organization of society. The judge who blunders in a law case is to be expelled from his judgeship forever, and heavily fined. The witness who testifies falsely is to be slain. Indeed, all the heavier crimes are made punishable with death. Even if a man builds a house badly, and it falls and kills the owner, the builder is to be slain. If the owner’s son was killed, then the builder’s son is slain. We can see where the Hebrews learned their law of “an eye for an eye.” These grim retaliatory punishments take no note of excuses or explanations, but only of the fact–with one striking exception. An accused person was allowed to cast himself into “the river,” the Euphrates. Apparently the art of swimming was unknown; for if the current bore him to the shore alive he was declared innocent, if he drowned he was guilty. So we learn that faith in the justice of the ruling gods was already firmly, though somewhat childishly, established in the minds of men.
Yet even with this earliest set of laws, as with most things Babylonian, we find ourselves dealing with the end of things rather than the beginnings. Hammurabi’s code was not really the earliest. The preceding sets of laws have disappeared, but we have found several traces of them, and Hammurabi’s own code clearly implies their existence. He is but reorganizing a legal system long established.
Source: Charles F. Horne, Ph.D., 1915
Nature of Hammurabi’s Code
The Code of Hammurabi contains no laws having to do with religion. The basis of criminal law is that of equal retaliation, comparable to the Semitic law of “an eye for an eye.” The law offers protection to all classes of Babylonian society; it seeks to protect the weak and the poor, including women, children, and slaves, against injustice at the hands of the rich and powerful.
The code is particularly humane for the time in which it was declared; it attests to the law and justice of Hammurabi’s rule. It ends with an epilogue glorifying the mighty works of peace executed by Hammurabi and explicitly states that he had been called by the gods “to cause justice to prevail in the land, to destroy the wicked and the evil.” He describes the laws in his compilation as enabling “the land to enjoy stable government and good rule,” and he states that he had inscribed his words on a pillar in order “that the strong may not oppress the weak, that justice may be dealt the orphan and the widow.” Hammurabi counsels the downtrodden in these ringing words: “Let any oppressed man who has a cause come into the presence of my statue as king of justice, and have the inscription on my stele read out, and hear my precious words, that my stele may make the case clear to him; may he understand his cause, and may his heart be set at ease!” (1)
In this Section: Code, Ancient Codes, Code Development, British codes, U.S. codes, International Codes, Code Napoleon and Code of Hammurabi (including Code of Hammurabi Composition and Code of Hammurabi Nature).
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