Code of Hammurabi: Difference between revisions
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Hammurabi (ruled ca. 1796 BCE – 1750 BCE) said he was chosen by the gods to deliver the law to his people. In the preface to the law code, he states, ''"Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land."''<ref name="wsu">{{Cite web|url=http://www.wsu.edu/~dee/MESO/CODE.HTM|title=Mesopotamia: The Code of Hammurabi|accessdate=September 14, 2007|publisher=Washington State University|year=1996|author=Edited by Richard Hooker; Translated by L.W King}}</ref> |
Hammurabi (ruled ca. 1796 BCE – 1750 BCE) said he was chosen by the gods to deliver the law to his people. In the preface to the law code, he states, ''"Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land."''<ref name="wsu">{{Cite web|url=http://www.wsu.edu/~dee/MESO/CODE.HTM|title=Mesopotamia: The Code of Hammurabi|accessdate=September 14, 2007|publisher=Washington State University|year=1996|author=Edited by Richard Hooker; Translated by L.W King}}</ref> |
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Hammurabi hated laws so he made is own |
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==Law== |
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{{Main|Babylonian law}} |
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The Code of Hammurabi was one of several sets of laws in the [[Ancient Near East]].<ref name="wwlia">{{Cite web|url=http://www.wwlia.org/hamm1.htm|title=Was Hammurabi really the first law maker in history?|accessdate=September 14, 2007|publisher=wwlia.org - Legal information |year=2006|author=wwlia.org}}</ref><ref name="yale">{{Cite web|url=http://www.yale.edu/lawweb/avalon/medieval/hamframe.htm|title=The Code of Hammurabi: Translated by L. W. King|accessdate=September 14, 2007|publisher=Yale University|year=2005|author= L. W. King}}</ref> |
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Earlier collections of laws include the [[Code of Ur-Nammu]], king of [[Ur]] (ca. 2050 BCE), the [[Laws of Eshnunna]] (ca. 1930 BCE) and the codex of [[Lipit-Ishtar]] of [[Isin]] (ca. 1870 BCE),<ref name="yale2">{{Cite web|url=http://www.yale.edu/lawweb/avalon/medieval/hammint.htm|title=The Code of Hammurabi : Introduction|accessdate=September 14, 2007|publisher=Yale University|year=1915|author=Charles F. Horne, Ph.D.}}</ref> while later ones include the [[Hittite laws]], the [[Assyrian law]]s, and [[613 Commandments|Mosaic Law]].<ref>Barton, G.A: ''Archaeology and the Bible''. University of Michigan Library, 2009, p.406.</ref> These codes come from similar cultures in a relatively small geographical area, and they have passages which resemble each other.<ref>''ibid'', p.406. Barton, a former professor of Semitic languages at the University of Pennsylvania, stated that while there are similarities between the Mosaic Law and the Code of Hammurabi, a study of the entirety of both laws ''"convinces the student that the laws of the Old Testament are in no essential way dependent upon the Babylonian laws."'' He states that ''"such resemblances"'' arose from ''"a similarity of antecedents and of general intellectual outlook"'' between the two cultures, but that ''"the striking differences show that there was no direct borrowing."''</ref> |
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[[Image:Milkau Oberer Teil der Stele mit dem Text von Hammurapis Gesetzescode 369-2.png|thumb|right|Figures at top of [[stele]] "fingernail" above Hammurabi's code of laws.]] |
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[[Image:Code-de-Hammurabi-1.jpg|thumb|150px|Side view of the stele "fingertip".]] |
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The code has been seen as an example of even a king not being able to change fundamental [[law]]s concerning the governing of a country which was the primitive form of what is now known as a [[constitution]].{{Citation needed|date=April 2010}} However, this interpretation may be anachronistic. The Code's provisions do not cover important areas of law and commerce. The occasional nature of many provisions indicates that the Code may be better read as a codification of supplementary judicial decisions of the king. Rather than being a modern legal code or constitution, it may have as its purpose the self-glorification of Hammurabi by memorializing his wisdom and justice. Its copying in subsequent generations indicates that it was used as a model of legal and judicial reasoning.<ref>For this alternative interpretation see Jean Bottéro, "The 'Code' of Hammurabi" in ''Mesopotamia: Writing, Reasoning and the Gods'' (University of Chicago, 1992), pp. 156-184.</ref> |
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The [[Babylonians]] and their neighbors developed the earliest system of [[economics]] that was fixed in a legal code, using a [[Metric (mathematics)|metric]] of various [[commodities]]. The early law codes from [[Sumer]] could be considered the first (written) economic formula, and have many attributes still in use in the current [[price system]] today, such as codified amounts of [[money]] for business deals (interest rates), fines in money for wrongdoing, inheritance rules and laws concerning how private property is to be taxed or divided.<ref>http://history-world.org/reforms_of_urukagina.htm</ref> |
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===Examples=== |
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Here are seventeen example laws, in their entirety, of the [http://www.wsu.edu/~dee/MESO/CODE.HTM Code of Hammurabi], translated into English: |
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*If anyone ensnares another, putting a ban upon him, but he can not prove it, then he that ensnared him shall be put to [[capital punishment|death]]. |
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*If anyone brings an accusation against a man, and the accused goes to the river and leaps into the river, if he sinks in the river his accuser shall take possession of his house. But if the river proves that the accused is not guilty, and he escapes 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. |
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*If anyone brings an accusation of any crime before the elders, and does not prove what he has charged, he shall, if a capital offense is charged, be put to death. |
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*If a builder builds a house for someone, and does not construct it properly, and the house which he built falls in and kills its owner, then the builder shall be put to death.(Another variant of this is, If the owner's son dies, then the builder's son shall be put to death.) |
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*If a son strikes his father, his hands shall be hewn off. |
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*If a man give his child to a nurse and the child dies in her hands, but the nurse unbeknown to the father and mother nurses another child, then they shall convict her of having nursed another child without the knowledge of the father and mother and her breasts shall be cut off. |
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*If anyone steals the minor son of another, he shall be put to death. |
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*If a man takes a woman to wife, but has no intercourse with her, this woman is no wife to him. |
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*If a man strikes a pregnant woman, thereby causing her to miscarry and die, the assailant's daughter shall be put to death. |
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*If a man puts out the eye of an equal, his eye shall be put out. |
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*If a man knocks the teeth out of another man, his own teeth will be knocked out. |
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*If anyone strikes the body of a man higher in rank than he, he shall receive sixty blows with an ox-whip in public. |
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*If a freeborn man strikes the body of another freeborn man of equal rank, he shall pay one gold mina [an amount of money]. |
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*If the slave of a freed man strikes the body of a freed man, his ear shall be cut off. |
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*If anyone commits a robbery and is caught, he shall be put to death. |
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*If anyone opens his ditches to water his crop, but is careless, and the water floods his neighbor's field, he shall pay his neighbor corn for his loss. |
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*If a judge tries a case, reaches a decision, and presents his judgment in writing; and later it is discovered that his decision was in error, and it was his own fault, he shall pay twelve times the fine set by him in the case and be removed from the judge's bench. |
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*If during an unsuccessful operation a patient dies, the arm of the surgeon must be cut off. |
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*If a human talks back to another human their lips shall be hewn off |
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There are 282 such [[laws]] in the Code of Hammurabi, each usually no more than a sentence or two. The 282 laws are bracketed by a Prologue in which Hammurabi introduces himself, and an Epilogue in which he affirms his authority and sets forth his hopes and prayers for his code of laws. |
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==Other copies== |
==Other copies== |
Revision as of 21:21, 3 November 2010
![]() Code on clay tablet |
![]() Code on diorite stele |
The Code of Hammurabi is a well-preserved Babylonian law code, dating to ca. 1760 BCE (middle chronology. The sixth Babylonian king, Hammurabi, enacted the code and partial copies exist on a human-sized stone stele and various clay tablets. The Code consists of 282 laws, with scaled punishments, adjusting "an eye for an eye, a tooth for a tooth" (lex talionis) as graded depending on social status, of slave versus free man.[1]
One nearly complete example of the Code survives today, on a diorite stele[2] in the shape of a huge index finger, 2.25 m or 7.4 ft tall (see images at right). The Code is inscribed in the Akkadian language, of the common people, using cuneiform script carved into the stele[3] (on display in the Louvre).
Discovery
In 1901 Egyptologist Gustave Jéquier, a member of an expedition headed by Jacques de Morgan, found the stele containing the Code of Hammurabi in what is now Khūzestān, Iran (ancient Susa, Elam), where it had been taken as plunder by the Elamite king Shutruk-Nahhunte in the 12th century BCE.[4] It is currently on display at the Louvre Museum in Paris, France.[5]
Hammurabi
Hammurabi (ruled ca. 1796 BCE – 1750 BCE) said he was chosen by the gods to deliver the law to his people. In the preface to the law code, he states, "Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land."[6]
Hammurabi hated laws so he made is own
Other copies
Various copies of portions of the Code of Hammurabi have been found on baked clay tablets, some possibly older than the celebrated diorite stele now in the Louvre. The Prologue of the Code of Hammurabi (the first 305 inscripted squares on the stele) is on such a tablet, also at the Louvre (Inv #AO 10237). Some gaps in the list of benefits bestowed on cities recently annexed by Hammurabi may imply that it is older than the famous stele (it is currently dated to the early 18th century BCE).[7] Likewise, the Museum of the Ancient Orient, part of the Istanbul Archaeology Museums, also has a "Code of Hammurabi" clay tablet, dated to 1750 BCE., in (Room 5, Inv # Ni 2358).[8][9]
- In July, 2010, archaeologists reported that a fragmentary Akkadian cuneiform tablet was discovered at Tel Hazor, Israel, containing a ca. 1700 BCE text that was said to be partly parallel to portions of the Hammurabi code. The Hazor law code fragments are currently being prepared for publication by a team from the Hebrew University of Jerusalem.[10]
See also
- List of ancient legal codes
- Urukagina - Sumerian king and creator of what is sometimes cited as the first example of a legal code in recorded history.
- Code of Ur-Nammu - the oldest known tablet containing a law code surviving today, it predates the Code of Hammurabi by some 300 years
- Code of the Assura
- Babylonian law
- Cuneiform Law
- Quid pro quo
- Code of Hammurabi translated by R.F. Harper in 1904, University of Chicago Press
References
- ^ Gabriele Bartz, Eberhard König, ( Arts and Architecture), Könemann, Köln, (2005), isbn3-8331-1943-8. The laws were based with scaled punishments, adjusting "an eye for an eye" depending on social status.
- ^ http://www.commonlaw.com/Hammurabi.html Code of Hammurabia C. H. W. Johns
- ^ HG-Hammu, Historyguide.org, Retrieved July-15-09
- ^ David Graves, Jane Graves (1995). "Archaeological History of the Code of Hammurabi". Electronic Christian Media. Retrieved September 14, 2007.
- ^ Gabriele Bartz, Eberhard König. (2005). Louvre ( Arts and Architecture). Köln: Könemann. ISBN 3-8331-1943-8.
- ^ Edited by Richard Hooker; Translated by L.W King (1996). "Mesopotamia: The Code of Hammurabi". Washington State University. Retrieved September 14, 2007.
{{cite web}}
:|author=
has generic name (help)CS1 maint: multiple names: authors list (link) - ^ Fant, Clyde E. and Mitchell G. Reddish (2008), Lost Treasures of the Bible: Understanding the Bible Through Archaeological Artifacts in World Museums, Wm. B. Eerdmans Publishing Co., pg 62.
- ^ Freely, John, Blue Guide Istanbul (5th ed., 2000), London: A&C Black, New York: WW Norton, pg 121. ("The most historic of the inscriptions here [i.e., Room 5, Museum of the Ancient Orient, Istanbul] is the famous Code of Hammurabi (#Ni 2358) dated 1750 BCE, the world's oldest recorded set of laws.")
- ^ Museum of the Ancient Orient website ("This museum contains a rich collection of ancient ... archaeological finds, including ... seals from Nippur and a copy of the Code of Hammurabi.")
- ^ Tablet Discovered by Hebrew U Matches Code of Hammurabi
Bibliography
- Driver, G.R. & J.C. Miles (2007). The Babylonian Laws. Eugene: Wipf and Stock. ISBN 1-55635-229-8.
- Roth, Martha T. (1997). Law Collections from Mesopotamia and Asia Minor. Atlanta: Scholars Press. ISBN 0-7885-0378-2.
- Bryant, Tamera (2005). The Life & Times of Hammurabi. Bear: Mitchell Lane Publishers. ISBN 9781584153382.
- Mieroop, Marc (2004). King Hammurabi of Babylon: a Biography. Cambridge: Blackwell Publishers. ISBN 9781405126601.
- Hammurabi, King (2000). The Oldest Code of Laws in the World. City: Lawbook Exchange Ltd. ISBN 9781584770619.
{{cite book}}
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suggested) (help) - Falkenstein, A. (1956–57). Die neusumerischen Gerichtsurkunden I–III. München.
- Elsen-Novák, G./Novák, M.: Der 'König der Gerechtigkeit'. Zur Ikonologie und Teleologie des 'Codex' Hammurapi. In: Baghdader Mitteilungen 37 (2006), pp. 131–156.
- Julius Oppert and Joachim Menant (1877). Documents juridiques de l'Assyrie et de la Chaldee. París.
- Thomas, D. Winton, ed. (1958). Documents from Old Testament Times. London and New York.
- Beck, Roger B. (1999). World History: Patterns of Interaction. Evanston, IL: McDougal Littell. ISBN 0-395-87274-X.
{{cite book}}
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External links
![](http://upload.wikimedia.org/wikipedia/en/thumb/4/4a/Commons-logo.svg/30px-Commons-logo.svg.png)
![](http://upload.wikimedia.org/wikipedia/commons/thumb/4/4c/Wikisource-logo.svg/38px-Wikisource-logo.svg.png)
![](http://upload.wikimedia.org/wikipedia/commons/thumb/9/99/Wiktionary-logo-en-v2.svg/40px-Wiktionary-logo-en-v2.svg.png)
- speechisfire.com - Includes soundfiles with extracts from the Code being read in Babylonian by a modern scholar.
- The Code of Hammurabi Translated by L. W. King
- Law Code of Hammurabi, king of Babylon | Musée du Louvre
- English Translation | University of Evansville
- Code Of Hammurabi - Ancestor of Modern Law
- English translation of the Code of Hammurabi
- Complete scientific Englsh translation of the Code of Hammurabi
- Hammurabi's Code, Blaise Joseph, Clio History Journal, 2009.