Hammurabi's Code in History

Civilizations throughout time have found it necessary to establish a set of laws dependent on their society's religious beliefs, social structure, setting, and other variables. However, it is possible to learn a great deal about a particular culture by examining the laws they abide by. The earliest legal system known in its entirety is the Code of Hammurabi which was established in ancient Babylonia nearly 4000 years ago. By examining this record, historians can learn much about the way of life of the Babylonians and the development of civilization as a whole.

The Code of Hammurabi was compiled by King Hammurabi himself. Hammurabi was the most notable ruler of the first Babylonian dynasty, and unified Mesopotamia under one central government. Though an accurate timeline of Hammurabi's life is unknown, it is predicted that he established his reign around 1792-1750 B.C., thus dating the Code to approximately this period. Though Hammurabi personally supervised many achievements of the ancient Babylonians, from irrigation systems to the erection of temples, he is best remembered for the creation of his code of laws.

Though no one can precisely know Hammurabi's motives for the institution of his code of laws, it was likely for the same reason every civilization establishes a legal system; to maintain order. Hammurabi extended the Babylonian empire from the Fertile Crescent to the Persian Gulf and as far west as the Mediterranean Sea. Considering the time period, this was a vast region to keep under one central government. Therefore, a set, written, code of laws would have significantly aided in ensuring the stability of Hammurabi's empire and maintaining his power.

Through analysis of the Code of Hammurabi, historians can form a clear picture of the culture and society of ancient Babylonia. One aspect of this civilization evident in the Code is social stratification. The society of ancient Babylonia was divided into three distinct social classes. First were the free men and women, then the commoners, who were likely reminiscent of serfs, and last were the slaves. The laws in the Code differed based upon a person's social class. The upper class was protected by laws of equal retaliation, such as law 196 which states that "if a man has knocked out the eye of a patrician, his eye shall be knocked out." Conversely, lower classes usually received monetary compensation for their loses as evident in law 198 which asserts that if a man "has knocked out the eye of a plebian or has broken the limb of a plebian, he shall pay one mina of silver." However, though the Babylonian social structure was based on a class system, the gulf between genders was relatively slim. For example, a woman had the right to divorce her husband on the condition that she was not to blame for marital problems and could establish that her husband had committed wrongdoings.

The Code of Hammurabi makes it clear that the Babylonians had a complex system of internal trade. In the Code, there are laws which regulated the pricing and quality of goods and services. For instance, law 275 states that "if a man has hired a boat, its hire is three

še of silver daily." This governmental control over trade also shows historians the extent to which the government of ancient Babylonia was centralized. A government would require strong, national control over its lands in order to enforce such pricing regulations. Furthermore, there were laws pertaining to quality of craftsmanship and medical care. Builders were responsible for constructing sturdy houses, and regulations similar to modern malpractice laws ensured that doctors did all they could for their patients. Further analysis of these laws provides insight into the technological sophistication of the Babylonians. For instance, laws pertaining to the treatment of cataracts show that these ancient people had at least a general sophistication of surgical techniques.

A third area of historical significance discussed in the Code of Hammurabi is the Babylonian legal system and the duties of public officials. Babylonian laws ensured that judicial procedures remained sufficiently impartial. For example, perjury was ardently prohibited. As seen in law 3, if a man had "borne false witness in a trial...that man shall be put to death." Additionally, public officials were, like their modern counterparts, expected to serve the people they administered. For instance, when a citizen died the governor of that district was required "to pay one mina of silver to the deceased's relatives."

The Code of Hammurabi is clearly important to the study of Babylonian society. However, its overall historical significance stretches beyond this immediate result. Historians have used the Code as a model to discover the impact it had on other societies. The clearest example of the Code's influence is in its similarities to Hebrew laws in the Old Testament. The most prominent similarity between the two comes from comparing the Code's 196^th - 200^th laws on retaliation to the Hebrew law from Exodus 21:24 which states, "eye for eye, tooth for tooth.". Another comparable example is in laws of family relations. Hammurabi's 195^th law states that "if a son strike his father, his hand shall be cut off." Similarly, Exodus 21:15 threatens death to "he who smiteth his father." The comparisons between these two texts are numerous. Therefore, historians can hypothesize that there was significant cultural diffusion between the Babylonians and the Hebrews, and that the Code of Hammurabi influenced the Old Testament, which plays a vital role in much of today's world.

As with any document from the past, interpreting the Code of Hammurabi has its problems, most notably, the task of translation. The Code was originally carved in forty-four horizontal columns of cuneiform writing on a basalt pillar. Since the time of its engraving, world languages have changed considerably. Thus, the Code has needed translation from this ancient language numerous times. Each translation of the Code of Hammurabi is likely to be slightly different and, therefore, the exact, original wording can not be known. Such inconsistencies are problematic in accurately interpreting and examining the laws. However, this setback is not significant enough to deter historians from using the Code as an accurate source of information on ancient Babylonia. Furthermore, the potential bias that tends to obscure other sources is limited in the Code of Hammurabi because it purportedly comes directly from the King himself. Consequently, these are the laws exactly as they were maintained by the Babylonians. In contrast, a set of laws recorded by a private citizen or an outside observer would be less accurate and more prone to a biased depiction.

The Code of Hammurabi is useful to the historical community in two important ways. First, it offers extensive insights into the lives of ancient Babylonians. Even more than that, though, it shows distinct similarities between the Babylonian's concept of justice and other sources vital to our world today. Thus, it is clear that the laws of ancient Babylonia were passed down in some form from civilization to civilization, spanning generations. Today, one can look back on this primary source to recount the history of Babylonia and gain a clearer image of our human record as a whole.