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Politics of Medicine in Hammurabi’s Code

Background

Hammurabi’s Code, established around 1760 B.C.E. by King Hammurabi of Babylon, is one of the earliest and most significant legal documents in history as it laid the foundation for the spheres of law and medicine. From a political science perspective, we find Hammurabi’s Code particularly insightful because it highlights the early use of law as a tool for governance, social order and moderation of medical procedures.

Origins of Medicine and Law

Law and medicine originated in ancient civilizations. For example, the Edwin Smith and Ebers papyri serve as some of the earliest records of medical knowledge. Similarly, the Sumerian Code of Lipit-Ishtar is one of the first known legal codes that regulated aspects like property rights and marriage at that time. These early systems were essential in maintaining order and ensuring justice in society.

The Medico-Legal Legacy of Hammurabi’s Code

Hammurabi’s Code is notable for its comprehensive approach to law, covering everything from criminal acts to medical practices. The Code includes specific rules that regulate medical treatments, set surgery fees, and punish malpractice. For instance, if a physician caused the death of a noble during surgery, they would be severely punished, sometimes having their hand cut off. This harshness portrays how seriously medical responsibility was taken even in ancient times.

Political Implications

From a political science perspective, Hammurabi’s Code is valuable and fundamental because it demonstrates how law was used to reinforce social hierarchies and maintain control. Pearn (2016) writes that the Code’s laws were applied differently depending on a person’s social class, so nobles received greater protection than commoners and enslaved people. This legal stratification reflects the power dynamic of Babylonian society and shows how law was used not just to govern but also to preserve the social order.

Finally, reflecting on Hammurabi’s Code, we are genuinely impressed by its power (even though it is now irrelevant, we still sense its greatness) and severity. The harsh punishments may seem extreme by modern standards, but they were likely necessary to maintain order in a society where survival depended on strict adherence to rules. At the same time, Hammurabi’s Code represents a significant step forward in the development of law, medicine and the medico-legal system. By codifying laws and making them public, Hammurabi established a system that would influence generations so that the principles of justice, fairness, and accountability that underpin the Code continue to resonate today.