Code of Hammurabi: research and textual analysis

Code of Hammurabi

Hammurabi, the king of Babylonia in the eighteenth century B.C., developed an extensive legal system that came to be known as the Code of Hammurabi. The code covered topics such as military service, family life, and commercial and criminal law ("Hammurabi" 1). The King stated that the laws had been given to him by the Sun God and the God of Justice, Shamash, for him to carry out. It was a series of legal decisions that he referred to as "verdicts of the just order" ("The Code" 506). The code was most often inscribed on 8-foot high stone slabs of black diorite and placed in public view to serve as an aid for any citizen in search of legal advice.

King Hammurabi ruled Babylonia for 43 years. Scholars estimate his reign to be between 1850 and 1750 B.C. ("Hammurabi" 1). He was noted as being an efficient king who carefully orchestrated order throughout his kingdom. In addition to standardizing legal matters, the Code of Hammurabi serves as testament to the ruler's impressive language skills. He reformed the Akadian language in which the code was written, providing a model for the future writers in Mesopotamia ("The Code" 506). In fact, the Code of Hammurabi was based on older collections of Sumerian and Akkadian laws, which Hammurabi modified and expanded.

The Code influenced all Near Eastern countries and contained over 300 provisions. The most widely referenced subject matter included false accusation, witchcraft, land and business regulations, tariffs, wages, trade, loans and debts. Marriage and divorce were also covered as well as criminal actions like burglary, assault, kidnapping, and murder. The Code marked a change in thinking on several issues concerning sanctions.

Penalties for violations varied according to the status of the offenders and the circumstances of the offenses. For instance, a judge who blundered in a law case was to be expelled from his judgeship forever, and heavily fined. The witness who testified falsely was to be slain. If a man built a house poorly, and it fell and killed the owner, the builder was to be slain. If the owner's son was killed, then the builder's son is slain. Indeed, more serious crimes were punishable by death ("The Code" 506). It is thought that this became the Hebrews basis for the "eye for an eye, a tooth for a tooth" philosophy of retribution found in the Bible (Farkas 159).

Interestingly, Hammurabi is never mentioned in the first edition of the Bible. Hammurabi is widely recognized to have been the dominant political power in his era -- a period that coincides somewhat with the lifespan of Abraham, who the Bible describes as having numerous diplomatic activities with the political leaders of the day. That, coupled with the fact that Hammurabi was known as a talented law maker, would warrant a brief mention, but he is inexplicably absent in biblical text.

The chief principle of the Code of Hammurabi was that "the strong shall not injure the weak" ("Hammurabi 1). This fundamental belief helped establish a social order based on the rights of individuals and backed by the authority of Babylonian gods and the state. There were three social classes in Babylonia: slaves, palace workers and land owners. The severity of criminal punishment was in part determined by the social status of the offender.

The Code of Hammurabi did not allow excuses or explanations to help an accused person; however, as an act of atonement or repentance he was allowed to cast himself into the Euphrates River. Apparently the art of swimming was unknown, so it was thought that if the current bore the accused to the shore alive he was innocent, if he drowned he was guilty ("The Code" 506). The outcome of the river test became the final decision regarding guilt and innocence in such cases, despite any factual evidence or contrary arguments. Faith in the justice of the ruling gods was firmly established and served as a guide during such trials.