Study Notes on the Code of Hammurabi

The Code of Hammurabi

Overview of the Code of Hammurabi

  • The Code of Hammurabi is a significant legal document from the Old Babylonian Empire, attributed to King Hammurabi.
  • Comprised of 282 laws, it was established to reflect and address the needs of an urban society while incorporating traditional ideas of justice prevalent among Semitic peoples.
  • The laws demonstrate Hammurabi's dedication to the gods, his role as a peacemaker, and his responsibilities as king, opening and concluding with statements of his devotion.

Key Excerpts from the Code

  • The Code starts with Hammurabi declaring that the god Marduk commanded him to provide just ways for the people, enhancing their well-being.
Specific Laws in Detail

  1. Accusation of Homicide

    • If a man accuses another of homicide without evidence, he shall be killed.

  2. Witchcraft

    • If accused of witchcraft without proof, the accused shall undergo the divine River Ordeal.
    • Outcomes:
      • If the accused is overwhelmed, his accuser receives his estate.
      • If the accused survives, the accuser is killed, and the accused receives the accuser's estate.

  3. False Testimony

    • Those providing false testimony in cases involving capital offenses shall be killed if they cannot present evidence.

  4. Theft from God or Palace

    • A person stealing valuables from the god or palace shall be killed, along with anyone who received stolen goods.

  5. Unregistered Purchases

    • Anyone who buys items (like silver, gold, slaves, livestock) from individuals without witnesses or contracts is considered a thief and shall be killed.

  6. Theft of Livestock or Boats

    • If a man steals livestock/boats:
      • From the god/palace: he must repay thirtyfold.
      • From a commoner: he must repay tenfold.
      • If unable to pay, he shall be killed.

  7. Escaping Slaves

    • Enabling a palace or commoner slave to leave the city through the main gate results in death for the person who helped.

  8. Irrigation Negligence

    • If a man fails to reinforce an irrigation canal causing a breach that results in damage, he must replace the lost grain.

  9. Merchant Regulations

    • Merchants must collect sealed receipts for payments in silver made by trading agents to keep accurate records.

  10. Marriage Contracts

    • If a man marries a woman without a formal contract, she is not considered his wife.

  11. Adultery

    • If a married woman is caught in adultery, she shall be bound and thrown into the water, unless her master allows her to live, then the other male participant is spared.

  12. Repudiation of Marriage

    • If a woman repudiates her husband and is found faultless while the husband is wayward, she is not penalized; she can take her dowry and leave for her father's house.

Questions for Analysis

  1. Societal Values of the Old Babylonian Empire:

    • The Code reflects the values emphasizing justice and consequences, including the assertion that certain crimes (like homicide, witchcraft, and theft from the divine or king) are punishable by death, showcasing a society that prioritizes social order and divine authority.

  2. Influence of Urban Civilization:

    • The laws reflect the complexities of urban life, evidencing developments in economic transactions (trading regulations), social order (punitive measures), and community responsibility (maintenance of public works).
    • Urbanization likely led to the need for structured legal frameworks to manage increasing interactions among individuals.

  3. Significance of the Stele and Imagery:

    • The stele, an eight-foot column made of basalt, not only contains the laws themselves, but also features an image of Hammurabi receiving authority from Shamash, the god of justice. This visual reinforces Hammurabi’s legitimacy and the divine approval of his rule, promoting the idea that the laws stem from divine rather than merely terrestrial authority.
    • The physical format of the laws (publicly displayed) served as a powerful message about Hammurabi’s kingship, emphasizing transparency, order, and the importance of law in governance.