The Code of Hammurabi & the Rule of Law: Why Written Law Matters [No. 86]

Summary

The Code of Hammurabi offers deep insights into Babylonian society, encompassing contract, liability, family, and even criminal law. With 282 laws structured in an if/then format, it served as guidance for judges, reflecting principles of equality and consistency. The evolution of its laws parallels modern legal systems, adapting to complex social circumstances. Notably, similarities exist between the Hammurabi Code and the Old Testament, influencing subsequent legal codes in Christendom. However, it lacks a political constitution, focusing instead on the king's responsibility to the gods and cursing future kings for non-enforcement. Reading the Hammurabi Code reveals the foundational role of law in society.

Takeaways

• 📜 The Code of Hammurabi provides detailed insights into Babylonian society, covering various aspects of law.
• ⚖️ The code includes significant elements of contract law, liability law, and family law, addressing issues like divorce and child custody.
• 📝 There are 282 laws inscribed on a diorite stela, presented in an 'if/then' format for legal guidance.
• 👨‍⚖️ The laws served as instructions for judges on how to resolve specific cases, emphasizing equality and impartiality.
• 📚 Hammurabi's Code reflects a developed legal system, similar to modern legal codes, with complexities evolving from simple principles.
• 🔍 Family law is systematically organized, detailing property distribution in various circumstances related to divorce.
• 🔗 Elements of the Hammurabi Code predate Hammurabi by several centuries, indicating a long history of legal development.
• ✡️ The Book of Deuteronomy shows continuity with the Hammurabi Code, notably in principles like 'an eye for an eye'.
• 🏛️ Jewish law and subsequent Western legal codes, including those in early American colonies, were influenced by Hammurabi's Code.
• 👑 The Hammurabi Code lacks a political constitution and emphasizes the king's responsibility to enforce the laws in divine terms.

Q & A

What does the Code of Hammurabi reveal about Babylonian society?

The Code of Hammurabi provides extensive insights into various aspects of Babylonian society, including contract law, liability law, family law, criminal law, and the responsibilities of public officials.

How many laws are documented in the Code of Hammurabi?

The Code of Hammurabi includes 282 laws as inscribed on a diorite stela.

What is the structure of the laws in the Code of Hammurabi?

The laws in the Code of Hammurabi are framed in an 'if/then' structure, providing clear guidelines for judges on how to resolve specific cases.

In what way does the Code of Hammurabi compare to modern legal systems?

The Code of Hammurabi shares similarities with modern legal systems, such as the principles of equality, impartiality, consistency, damages, and retribution, but it primarily operates as case law.

How did the family law in the Code of Hammurabi evolve?

Family law evolved from simple principles to more complex rules, adapting to various situations judges encountered, such as divorce and property distribution.

What is the significance of the connection between the Code of Hammurabi and the Old Testament?

There is continuity between the Code of Hammurabi and the Old Testament, particularly in concepts like 'an eye for an eye,' indicating the influence of Mesopotamian law on Hebrew law.

What aspect of governance is absent in the Code of Hammurabi?

The Code of Hammurabi lacks a political constitution and does not provide a framework for the responsibility of rulers beyond the king's duty to the gods.

How does the Code of Hammurabi bind future kings?

Hammurabi binds future kings by establishing a law code and invoking a curse on those who fail to enforce its laws.

What is a notable characteristic of the penalties outlined in the Code of Hammurabi?

A notable characteristic of the penalties in the Code of Hammurabi is the frequent use of the death penalty for various crimes.

Why is it suggested to read the Hammurabi Law Code?

Reading the Hammurabi Law Code is encouraged because it offers valuable insights into the foundational principles of law that continue to resonate in modern legal frameworks.