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The Code of Hammurabi (ca. 1750 B.C.) is a revealing source concerning life in ancient Mesopotamia. The laws were discovered in 1901 on an 8-foot stela now in the Louvre Museum. Hammurabi & Shamesh _ Various legal approaches appear in the Code, e.g., punishment for crimes can be a fine (depending on the social status of those involved) or like the later Hebrew Law, punishment can revolve around the principle "eye for an eye." What does the Code reveal about Babylonian social structure? Slavery was endemic in the Ancient World: How do slaves fit into the legal system? Do you see gender equality or inequality? Does the Code seem, basically, fair and just to you? Why? |
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When Anu the Sublime, King of the Anunaki, and Bel, the lord of Heaven and earth, who decreed the fate of the land, assigned to Marduk, the over-ruling son of Ea, God of righteousness, dominion over earthly man, and made him great among the Igigi, they called Babylon by his illustrious name, made it great on earth, and founded an everlasting kingdom in it, whose foundations are laid so solidly as those of heaven and earth; then Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak; so that I should rule over the black-headed people like Shamash, and enlighten the land, to further the well-being of mankind. Hammurabi, the prince, called of Bel am I, making riches and increase, enriching Nippur and Dur-ilu beyond compare.... who rules by law; who gave back to the city of Ashur its protecting god; obeyed by the four quarters of the world:
2. If any one bring an accusation against a man, and the accused go to the river and leap into the river, if he sink in the river his accuser shall take possession of his house. But if the river prove that the accused is not guilty, and he escape unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser. 3. If any one bring an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death. 6. If any one steal the property of a temple or of the court, he shall be put to death, and also the one who receives the stolen thing from him shall be put to death. 15. If any one take a male or female slave of the court, or a male or female slave of a freed man, outside the city gates, he shall be put to death. 16. If any one receive into his house a runaway male or female slave of the court, or of a freedman, and does not bring it out at the public proclamation of the major domus, the master of the house shall be put to death. 22. If any one is committing a robbery and is caught, then he shall be put to death. 23. If the robber is not caught, then shall he who was robbed claim under oath the amount of his loss; then shall the community, and . . . on whose ground and territory and in whose domain it was compensate him for the goods stolen. 53. If any one be too lazy to keep his dam in proper condition, and does not so keep it; if then the dam break and all the fields be flooded, then shall he in whose dam the break occurred be sold for money, and the money shall replace the corn which he has caused to be ruined. 108. If a tavern-keeper (feminine) does not accept corn according to gross weight in payment of drink, but takes money, and the price of the drink is less than that of the corn, she shall be convicted and thrown into the water. 115. If any one have a claim for corn or money upon another and imprison him; if the prisoner die in prison a natural death, the case shall go no further. 116. If the prisoner die in prison from blows or maltreatment, the master of the prisoner shall convict the merchant before the judge. If he was a free-born man, the son of the merchant shall be put to death; if it was a slave, he shall pay one-third of a mina of gold, and all that the master of the prisoner gave he shall forfeit. 132. If the "finger is pointed" at a man's wife about another man, but she is not caught sleeping with the other man, she shall jump into the river for her husband. 138. If a man wishes to separate from his wife who has borne him no children, he shall give her the amount of her purchase money and the dowry which she brought from her father's house, and let her go. 142. If a woman quarrel with her husband, and say: "You are not congenial to me," the reasons for her prejudice must be presented. If she is guiltless, and there is no fault on her part, but he leaves and neglects her, then no guilt attaches to this woman, she shall take her dowry and go back to her father's house. 143. If she is not innocent, but leaves her husband, and ruins her house, neglecting her husband, this woman shall be cast into the water. 145. If a man take a wife, and she bear him no children, and he intend to take another wife: if he take this second wife, and bring her into the house, this second wife shall not be allowed equality with his wife. 195. If a son strike his father, his hands shall be hewn off. 196. If a man put out the eye of another man, his eye shall be put out. Eye for an eye.] 198. If he put out the eye of a freed man, or break the bone of a freed man, he shall pay one gold mina. 199. If he put out the eye of a man's slave, or break the bone of a man's slave, he shall pay one-half of its value. 200. If a man knock out the teeth of his equal, his teeth shall be knocked out. [Tooth for a tooth.] 202. If any one strike the body of a man higher in rank than he, he shall receive sixty blows with an ox-whip in public. 204. If a freed man strike the body of another freed man, he shall pay ten shekels in money. 205. If the slave of a freed man strike the body of a freed man, his ear shall be cut off.
Laws of justice which Hammurabi, the wise king, established. A righteous law, and pious statute did he teach the land. Translated by L.W. King (1910) One way of analyzing historical (and other) texts is to ask these questions: What does the text say in terms of each (PARIS GEM): Politics Geography To be thorough, try to match at least one of the categories to each law. You are bound to learn something, even if it is that such methods are not for you!
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