HAMMURABI CODE: HISTORICAL CONTEXT, CHARACTERISTICS, LAWS - HISTORY - 2025

The Code of Hammurabi is a set of laws made in ancient Babylon in 1750 BC. This makes it the oldest legal corpus ever found. These laws were written on a 2.25 meter high diorite stele.

Babylon had become the most important political center in Mesopotamia. This region, the cradle of the first great civilizations in history, had previously been dominated by other peoples, until the Babylonians, through their sixth king, Hammurabi, began a campaign of conquest.

Hammurabi Code - Source: Gil Dbd

One of Hammurabi's tasks was to unify the different laws that governed his territory. The monarch used religion to legitimize his work, since it appears in it as the Code was given to him by the god Shamash.

Although a fragment of the stele has been lost, most of the laws are still visible. In general, criminal legislation is based on the Talion Law, which states that the punishment is equal to the damage caused. Despite this, it also included part of the principle of the presumption of innocence, since the victim had to prove the crime.

Context

Mesopotamia was part of what has been called the “fertile crescent”, an area in which the first great civilizations of humanity appeared.

The name of the region, Mesopotamia, means "between two rivers", since it was located between the Tigris and the Euphrates. This circumstance favored agriculture and that, therefore, human beings settled in fixed places that grew to become large cities.

Over time, these settlements were politically organized as city-states and their inhabitants began to use writing.

Civilizations and Empires

The early city-states soon began to extend their dominions, creating veritable empires. Thus, the Sumerians are considered the first to create a civilization, between 2900 BC. C. and 2334 a. C.

To this people is due the invention of an organized system of government and writing. In reality, this civilization was made up of several city-states, with independent governments.

About 2350 a. C. a new town was erected as the dominant one of the region: the Acadios. They were the first to unite the city-states under a single government. Their language displaced Sumerian and became hegemonic for much of Mesopotamian history.

Babylon

A semi-nomadic people, the Amorites, conquered Sumer around 1950 BC. C. and established dynasties in some of their localities. On the other hand, the city of Ur, which had been the most important local power, was invaded by the Elamites and lost much of its power.

These changes caused the region to go through a period of anarchy, with various kingdoms fighting for hegemony. Babylon, the city in which the Amorites had located their capital, emerged as a power in the area. Along with this city, the other important civilizations in Mesopotamia were Aleppo and Assyria.

In 1894 a. The first Babylonian dynasty appeared, headed by Sumu-Abum. However, it was the sixth king of this dynasty, Hammurabi, who consolidated the power of Babylon throughout the region.

Hammurabi

Although there is no total security, it is assumed that Hammurabi was born around 1810 BC. For 60 years he was the king of Babylon, a period in which the city became the great ruler of Mesopotamia. During his rule he conquered the Sumerians and the Semites, unifying all their lands to create a single empire.

Hammurabi also tried to use religion as a unifying factor. For this he tried to create a single creed from all the religions that were professed in the area. Although its success was little, it did get all the peoples to worship Shamash, the sun god.

During his reign, Hammurabi ordered the building of walls to protect the capital, in addition to restoring the most important temples. Likewise, it established a series of taxes to pay for public works, among which was the construction of new irrigation and navigation canals.

Along with this, he tried to make all the peoples that made up his empire have the same customs. Finally, he unified the laws and applied them to all the inhabitants.

characteristics

Hammurabi reigned between 1722 and 1686 BC. C (from 1792 to 1750 BC according to the average chronology. Among his many achievements, the most important was the creation of a set of laws that had to be applied throughout his empire: the Code of Hammurabi.

Although this king did not claim to be related to the gods, he did use religion as a legitimizing factor for these laws. Thus, the Code was promulgated to please the gods.

The stela on which the Code of Hammurabi was written was first located in the temple of Sippar, although copies were placed in all parts of the kingdom. The main objective of this code was to unify the different laws existing in the empire, so that the entire territory was governed by the same laws.

Appearance

The Code of Hammurabi was written in a carved black cone. The material was diorite rock and measures 2.25 meters high. The circumference at the top measures 160 centimeters, while at the base it reaches 190 centimeters.

In the upper area of ​​the stela there is a bas-relief in which Hammurabi himself can be seen receiving the laws of the god of the Sun and justice, Shamash.

The laws are in the lower area of ​​the stela, divided into 24 columns on the front face and 28 on the back. In total there are 282 laws.

According to experts, the original code was placed in the Shamash temple of Sippar, a Sumerian city. Later, in 1158 a. C., was transferred to Susa, in Persia, by king Shutruk-Nahunte.

Language

The laws collected are written in Akkadian language, since the intention was that anyone could understand it. According to experts, there is a difference in style between the prologue and the epilogue, with a more careful writing, and the rest of the texts.

The text of the stela was written in the first person. In its beginning it tells how Hammurabi was chosen by the gods so that his people could live well. In addition, it declares Marduk as the supreme god, above the deities that made up the previous Akkadian pantheon.

Laws

The code is divided into three different parts: a prologue, the legal body and an epilogue. The first is, as has been noted, is written in the first person and recounts the achievements of Hammurabi, both military and legislative. After this, the names of all the gods appear who recognize Hammurabi as the monarch of all the conquered cities.

On the other hand, the legislation that appears in the code is largely based on the Talion Law, the best known summary of which is "an eye for an eye, a tooth for a tooth." In this way, those who committed crimes should be punished by suffering the same penalty that they had caused.

Experts believe that this type of justice was a breakthrough for the time. Until then, the victims could take revenge in person and in any way they wanted, without even going through a preliminary trial. However, with the Code of Hammurabi the penalty had to be proportionate and, furthermore, the guilt of the accused had to be proven.

Structure of the Code

The Code of Hammurabi is not only limited to establishing crimes and punishments. Its content also explains how society was divided and the three existing social groups are described.

Likewise, it deals with prices and wages. The latter varied depending on the profession and other aspects. For example, doctors had to charge differently depending on whether they cared for a slave or a free man.

Also regarding the professions, the code established some measures regarding professional responsibility. Specifically, it points out that if a house collapsed and killed its occupants, the architect would be executed.

Within the legal content, the code declared that justice had to be delivered by the courts and allowed the sentences to be appealed before the king. Everything also had to be recorded in writing.

The penalties, for their part, were staggered depending on the crimes. The punishments were based on the Law of Talion, with the well-known “eye for an eye” as the maximum.

Finally, some crimes specifically appeared, which, according to historians, could indicate that they could be the most common. Among them were theft, damage to property or the rights of slaves.

Social classes

As has been pointed out, the three existing social classes in Babylonian society appear in the Code. These were formed by free men (awilum), dependents of the king (mushkenum) and slaves (wardum).

the compilation of laws that has the code that has become one of the main sources for the reconstruction of the society of Babylon, appearing in it three classes:

The former were the wealthiest class, either as landowners or as high officials in palaces and temples.

The mushkenum were in an intermediate position, in what could be classified as semi-free. Thus, economically they depended on the State, since they did not have their own means to support themselves. In the legal field, for their part, they did have more rights, since they were under the protection of the monarch.

Finally, slaves were mere properties of free men, without the ability to decide anything. Many of them were prisoners of war, although they were also frequently bought abroad.

Criminal field

Despite the harsh penalties for criminal offenses, the Code of Hammurabi represented an advance over the previous situation. The enacted laws avoided revenge and established that crimes must be tried in court.

Some examples of the penalties that could be imposed are: "If a man destroys another man's eye, his eye will be destroyed"; "If a man destroys another man's bone, he will break a bone"; or "a false testimony about grain or currency will be punished with paying the amount that he has accused to another".

Likewise, some rather strange laws appeared according to the current perspective, such as the one that condemned brewers to be drowned in their own drink if it was bad.

Relative equality before the law

With a hierarchical society like the one that existed in Babylon it was inevitable that equality before the law would be relative. To begin with, slaves were not entitled to any legal protection. Thus, one of the laws stated that "if a man imprisons another for debt, and he dies at the creditor's house, there is no reason for further dispute."

Family

Another part of the legal code was intended for the family. In this regard, the laws declared the superiority of men over women, although some articles seem to show some consideration towards them.

Among the 60 laws that appear in the wake on this matter are the following: "if a man takes a wife, and has not made a contract, the marriage is not legal"; "If a man's wife is caught lying with another man, the two adulterers will be tied up and thrown into the river"; or “if a man has abused a virgin who lives with his father, he will be put to death and she will go free.

References

1. Rivero, M. Pilar. The Code of Hammurabi. Obtained from clio.rediris.es
2. Hernández Gutiérrez, David Jaime. Code of Hammurabi. Retrieved from
3. Anonymous. Code of Hammurabi. Recovered from ataun.net
4. History.com Editors. Code of Hammurabi. Retrieved from history.com
5. The Editors of Encyclopaedia Britannica. Code of Hammurabi. Retrieved from britannica.com
6. Biography.com Editors. Hammurabi Biography. Retrieved from biography.com
7. Translated by LW King. The Code of Hammurabi. Recovered from avalon.law.yale.edu
8. Mark, Joshua J. Hammurabi. Retrieved from ancient.eu