The Code of Hammurabi

Summary

King Hammurabi of Babylon, who reigned from 1729 BC, is renowned for his conquests and the establishment of the Babylonian Empire. However, he's most celebrated for his legal reforms, particularly the creation of the Code of Hammurabi, one of history's first written law codes. This code, featuring 282 laws, influenced subsequent legal systems, including the laws of Moses. It introduced concepts like 'an eye for an eye' and a level of presumed innocence, though its punishments were severe by today's standards. The script also touches on the Draconian Laws of ancient Greece, highlighting the evolution of legal systems towards fairness and accessibility.

Takeaways

• 👑 Hammurabi was the sixth king of Babylon, who ascended to the throne around 1729 BC after his father's abdication.
• 🏰 Despite starting with limited power, Hammurabi expanded Babylon's influence and became the first king of the Babylonian Empire.
• 🏹 Hammurabi was a successful military leader, conquering and dominating all of Mesopotamia during his 43-year reign.
• 📜 He is most famously known for creating Hammurabi's Code, one of the earliest and most influential written legal codes in history.
• 🔗 Hammurabi's Code is hypothesized to have inspired later laws, such as the laws of Moses, due to their similarities.
• 🗿 In 1901, a 2.3-meter stele of the Code was discovered in Susa, Iran, featuring a relief of the Sun God Shamash giving laws to Hammurabi.
• 📊 The Code contained 282 laws addressing various topics including theft, agriculture, marriage, and slavery, with punishments dependent on social class.
• ⚖️ Hammurabi's Code introduced the concept of 'an eye for an eye' and aimed for fairness in punishments, limiting revenge.
• 📚 It also contributed to a progressive educational system, increasing literacy rates among Babylonian citizens.
• 🔄 While advanced for its time, Hammurabi's Code would be seen as harsh, inhumane, and sexist by today's standards.
• 🏛️ The administrative system of the code was advanced, with regional commanders and checks on their power to ensure law enforcement.
• 📝 Draconian Laws, in contrast, were extremely harsh with severe punishments for minor offenses, and were eventually replaced by Solon's more balanced reforms.

Q & A

Who was Hammurabi and what was his significance in ancient Babylon?

Hammurabi was the sixth king of Babylon who came to power around 1729 BC after his father's abdication. He is significant for expanding Babylon's dominance over Mesopotamia and for being a great reformer and legislator, most notably for producing the Code of Hammurabi.

What is the Code of Hammurabi and why is it historically important?

The Code of Hammurabi is one of the earliest known sets of written laws, consisting of 282 laws covering various aspects of society. It's historically important because it reflects the legal and social structure of ancient Babylon and has influenced legal systems, including the laws of Moses.

How did Hammurabi's military campaigns contribute to the expansion of his empire?

Hammurabi expanded Babylon's dominance over Mesopotamia by being victorious in a series of wars against adjoining lands and kingdoms, which allowed him to become the greatest conqueror Babylonia had ever seen during his 43-year reign.

What is the 'eye for an eye' principle mentioned in the Code of Hammurabi?

The 'eye for an eye' principle, as stated in law 196 of the Code, means that the punishment should match the crime committed, such as destroying the eye of a man who destroyed another's eye, establishing a basis for retributive justice.

Where was the Code of Hammurabi discovered and what does the stele depict?

The Code of Hammurabi was discovered in 1901 at Susa, Iran, in the form of a 2.3-meter-high diorite stele. The top of the stele features a bas-relief image of Shamash, the Sun God and God of Justice, handing the code of laws to Hammurabi.

How did the Code of Hammurabi address the issue of false accusations?

The Code of Hammurabi addressed false accusations by imposing severe penalties on those who made false statements in trials. For instance, if a person bore false witness and it was proven, they could face death if the case was capital.

What were some of the progressive aspects of the Code of Hammurabi?

The Code included progressive aspects such as presumed innocence, allowing both accused and accusers to present evidence, and an independent authority to control local commanders, which helped keep the elite in check.

How did the Code of Hammurabi influence the educational system in Babylon?

The Code helped develop a progressive educational system, leading to a significant increase in literacy rates among Babylonian citizens, making them some of the most educated and sophisticated of their time.

What are some examples of laws from the Code of Hammurabi that seem harsh by today's standards?

Some laws, such as Law 129 which required a wife accused of infidelity to plunge into a sacred river to prove her innocence, or Law 141 which allowed a woman to divorce her husband if he was neglectful, seem harsh or sexist by today's standards.

Who was Draco and how did his laws compare to those of Hammurabi?

Draco was an Athenian legislator known for his harsh laws where even minor offenses could result in death or enslavement. His laws were later replaced by Solon's more fair reforms. In contrast, Hammurabi's laws, while still severe, had a more structured approach to justice and fairness.

How did Solon's reforms differ from Draconian laws and what was his contribution to the development of law?

Solon's reforms were designed to be fair and practical for every social class, replacing Draco's harsh punishments for minor offenses. Solon is considered the father of Modern Western Law and laid the foundations for Athenian democracy.

Outlines

00:00

👑 Reign of King Hammurabi and His Code

Hammurabi, the sixth king of Babylon, ascended to the throne around 1729 BC after his father's abdication. Despite initial lack of power, he expanded Babylon's influence through military conquests, becoming the first king of the Babylonian Empire. His reign of almost forty-three years saw the creation of Hammurabi's Code, one of the earliest written legal systems. This code, consisting of 282 laws, covered a wide range of topics including theft, agriculture, marriage, women's rights, and slavery. It was innovative for its time, introducing the concept of an 'eye for an eye' and some level of presumed innocence. The code was publicly displayed to prevent elite manipulation of laws and to ensure a more equitable legal system. It also established an advanced administrative structure with regional commanders and independent authorities to oversee them. Hammurabi's Code had a significant impact on education and literacy within the empire, making Babylonians some of the most educated of their era. However, by modern standards, many laws appear harsh, inhumane, and sexist.

05:06

📜 Draconian Laws and the Evolution of Athenian Democracy

The script's second paragraph delves into the origins of written law in ancient Greece, highlighting the Draconian Laws established by Draco, an Athenian legislator from 650 to 600 BC. These laws, while fair in application to all citizens, were notoriously harsh, with severe punishments for minor offenses. Draco's laws were a response to the public's demand for a transparent legal system, and they were inscribed on plates in the Athenian Agora. However, the severity of the punishments led to widespread discontent, and within thirty years, most of these laws were replaced by the reforms of Solon, one of the 'Seven Sages of the Ancient World.' Solon's laws aimed to create a fairer system that would satisfy all social classes and are considered foundational to the development of Western law and the democratic principles of Athens.

Keywords

💡Hammurabi

King Hammurabi was the sixth king of Babylon and is a central figure in the video's narrative. He is known for his conquests and the establishment of the Babylonian Empire. Hammurabi's most significant legacy, however, is his code of laws, which is one of the earliest and most complete written legal codes from ancient times. The video discusses how Hammurabi's Code influenced legal systems, including the laws of Moses, and how it was a revolutionary step towards a more structured and fair legal system in the ancient world.

💡Babylonian Empire

The Babylonian Empire was a powerful ancient empire located in the region of Mesopotamia. The video highlights how Hammurabi expanded Babylon's dominance over this region through a series of military victories, making it one of the most influential empires of its time. The empire's reach and influence are directly tied to Hammurabi's success as a conqueror and his ability to centralize power and authority.

💡Hammurabi's Code

Hammurabi's Code refers to the set of laws that King Hammurabi is credited with creating and organizing. The video explains that this code is one of the first written legal codes in history and includes 282 laws covering various aspects of society, such as theft, marriage, and murder. It was a significant development in the history of law as it aimed to provide a fair and structured system of justice, with punishments that were directly related to the severity of the crime committed.

💡Shamash

Shamash is the Sun God and the God of Justice in the Akkadian, Assyrian, and Babylonian pantheons. The video describes a stele depicting Shamash handing the code of laws to Hammurabi, symbolizing the divine origin and authority of the legal code. This representation underscores the religious and cultural significance of law in ancient Babylon and its connection to the divine will.

💡Legal Reform

Legal reform in the context of the video refers to the systematic changes made to the laws and legal practices under Hammurabi's rule. The video emphasizes how Hammurabi's Code represented a reformative effort to standardize laws across the empire, making justice more accessible and predictable. It also discusses how these reforms were a step towards a more equitable legal system, even though the code's punishments might seem harsh by today's standards.

💡Presumed Innocence

Presumed innocence is a legal principle that the video associates with Hammurabi's Code, indicating that the accused is considered innocent until proven guilty. This concept is a cornerstone of modern legal systems and the video suggests that Hammurabi's Code was an early adopter of this principle, allowing for a more fair and just legal process.

💡Eye for an Eye

The 'eye for an eye' principle, as mentioned in the video, is a form of retributive justice where the punishment matches the crime. This concept is exemplified in Hammurabi's Code, where the law states that if a person causes harm to another, they should receive a similar harm in return. The video uses this as an example of the code's attempt to establish a fair and proportional system of justice.

💡Stele

A stele is a stone slab or pillar that is used for inscriptions, often commemorating significant events or laws. The video describes the discovery of a 2.3-meter-high diorite stele of the Code of Hammurabi, which serves as a physical representation of the code and its historical importance. The stele's existence is a testament to the enduring legacy of Hammurabi's legal reforms.

💡Draconian Laws

Draconian Laws refer to the harsh legal code established by Draco, an ancient Athenian legislator. The video contrasts these laws with Hammurabi's Code, highlighting the extreme severity of Draco's laws, where even minor offenses were punishable by death. This comparison is used to emphasize the relative fairness and proportionality of punishments in Hammurabi's Code.

💡Solon

Solon was an Athenian statesman and lawmaker who is credited with reforming the harsh Draconian Laws. The video mentions Solon as a figure who sought to create a more equitable legal system that would be fair to all members of society. His reforms are considered foundational to the development of modern Western law and the democratic principles that underpin it.

Highlights

Hammurabi became the sixth king of Babylon around 1729 BC.

He expanded Babylon’s dominance and authority over Mesopotamia through a series of wars.

Hammurabi is best remembered for being a great reformer and legislator.

Hammurabi's Code is one of the first set of written laws in history.

The Code of Hammurabi was found in 1901 at Susa, Iran, on a 2.3-meter-high stele.

The code consisted of 282 laws with punishments varying by socioeconomic class.

Hammurabi’s Code covered topics like theft, agriculture, marriage, and murder.

The code did not forgive ignorance of the law, as it was publicly displayed.

The punishments were based on the principle of 'an eye for an eye'.

Hammurabi’s Code was one of the first to have a level of presumed innocence.

The code's administrative law system was advanced for its time.

Hammurabi developed an educational system, increasing literacy in the empire.

Some laws in the Code of Hammurabi are considered harsh and inhumane by today's standards.

Law 129 of the Code mandated a wife accused of infidelity to plunge into a sacred river.

Draconian Laws were unwritten and manipulated by the elite in ancient Greece.

Draconian Laws were replaced by Solon's reforms, which laid the foundations for Western Law.

Transcripts

Hammurabi was the oldest son of Sin-Muballit, and he became the sixth king of Babylon upon

his father’s abdication around 1729 BC.

Even though he didn’t inherit much power from his father and at the time he controlled

only a small part of Babylonia, the city of Sippar, he later became the first king of

the so-called Babylonian Empire.

With his accession to the throne, he expanded Babylon’s dominance and authority over Mesopotamia

by being victorious in a series of wars against adjoining lands and kingdoms.

In his almost forty-three-year reign, he became the greatest conqueror Babylonia had ever

seen and his empire dominated all of Mesopotamia.

Despite Hammurabi’s success as a conqueror and king, he’s best remembered, not for

his accomplishments on the battlefield, but for being a great reformer and legislator.

Most pertinently, Hammurabi produce and organized a set of laws known as Hammurabi's Code, which

is one of the first set of written laws in history, and the most influential among these

early written laws, particularly as it is hypothesized that Hammurabi’s Code directly

inspired the laws of Moses, among other evidence owing to the extreme similarities between

the two sets of laws.

For example, law 196 of Hammurabi’s Code states in part, “If a man destroy the eye

of another man, they shall destroy his eye.

If one break a man's bone, they shall break his bone….”

Whatever the case on that hot button issue, in 1901, a 2.3-meter-high diorite cylindrical

stele of the Code of Hammurabi was found at Susa, Iran.

At the top of it is a bas-relief image that portrays Shamash, the Sun God (also known

as the God of Justice) in the Akkadian, Assyrian, and Babylonian pantheons, handing the code

of laws to the king who then disseminated them as outlined by said god.

In total, Hammurabi’s Code given to him by Shamashconsisted of 282 laws, and punishments

varying depending on the socioeconomic class of the accusers and the accused.

Some of the main topics, among others, include dealing with theft, agriculture, destruction

of property, marriage and the rights of the two parts therein, women’s rights, children’s

rights, the rights of slaves, murder, and the death penalty.

The included laws were quite harsh and did not forgive any ignorance of the law, as the

code was placed publicly, so that all could see it.

However, the majority of the people at that time could not read and so fatal misunderstandings

are thought to have occurred frequently.

Nonetheless, because these laws were so publicly displayed, this forestalled a common practice

of many peoples around this time with oral laws often being only known in detail by the

elite, and thus even where the elite were supposed to be subjected to them, they could

often get around this easy enough, at least when dealing with those of the lower classes.

As for how punishments were determined, as you might have guessed from that “eye for

an eye” bit, the basic tenet of the laws was that the punishment should not be heavier

or milder than the crime committed.

This also thus not only set the punishment, but the limits on revenge one could get if

someone committed a crime against you.

This attempt at fairness was something markedly different than, for instance, the infamous

Draconian laws where even certain slight offenses could see a person receive the death penalty,

which we’ll get to shortly.

Hammurabi’s code is also one of the first known in human history to have some level

of presumed innocence.

It also allowed for both accused and accusers to present evidence in the case, among other

such things that today would be considered obvious and fair, but at the time was something

of a revolution.

That Sun God really knew what he was doing.

Additionally, the administrative law system of the code was seemingly well ahead of its

time.

Hammurabi divided the empire into large regions in which he installed trusted commanders (like

today’s governors) with whom he kept a correspondence about the administration of those regions.

In addition, there was an independent authority that controlled the local commanders for possible

arbitrariness and disobedience to the king’s laws, keeping even the elite in check.

Accomplished judges administered the legislation and they were also observed by Hammurabi’s

council and advisers.

Hammurabi’s Code also helped to develop a considerable progressive educational system

and the literacy percentages inside the empire exploded, making the Babylonian citizens some

of the most educated and sophisticated the world had seen up to that time.

All that said, despite the Code of Hammurabi being one of the most well-written and advanced

legal codes of antiquity, as alluded to, today it would be considered ridiculously harsh,

inhumane, sexist, and even irrational in many cases.

To give you a little taste of some of the items,

• Law 129: If a man's wife has the finger pointed at her on account of another, but

has not been caught lying with him, for her husband's sake, she shall plunge into the

sacred river.

That said, in order to forestall false accusations on this one, law 127 states, “If any one

'point the finger' at a sister of a god or the wife of any one, and cannot prove it,

this man shall be taken before the judges and his brow shall be marked” with it presumed

this was done through cutting the skin on his brow.

Further, if it be proved said accuser was lying Law #3 covers this and many other such

false accusations, “If a man has borne false witness in a trial, or has not established

the statement that he has made, if that case be a capital trial, that man shall be put

to death.”

Moving on from that, a bit ahead of its time, law 142 had a facility for a woman to divorce

her husband, sating, “If a woman quarrel with her husband, and say: "You are not congenial

to me," the reasons for her prejudice must be presented.

If she is guiltless, and there is no fault on her part, but he leaves and neglects her,

then no guilt attaches to this woman, she shall take her dowry and go back to her father's

house.”

A few other laws include: “If a man has struck a free woman with child, and has caused

her to miscarry, he shall pay ten shekels for her miscarriage.

If that woman dies, his daughter shall be killed.”

“If it be the daughter of a plebeian that has miscarried through his blows, he shall

pay five shekels of silver.

If that woman dies, he shall pay half a mina of silver.”

“If the surgeon has treated a serious injury of a plebeian's slave, with the bronze lancet,

and has caused his death, he shall render slave for slave.”

“If a slave has said to his master, “You are not my master,” he shall be brought

to account as his slave, and his master shall cut off his ear.”

“If a son has struck his father, his hands shall be cut off.”

“If a man, after his father’s death, has lain in the bosom of his mother, they shall

both of them be burnt together.”

In all of these and so many more, as ever, just be thankful regardless of who you are

that you live today and not basically any other time in history.

Sure, we’ve still got problems to solve, but at least nobody can point a finger at

you without any evidence needed resulting in you being made to drown in a river…

Bonus Fact: Speaking of Draconian Laws, the official set

occurred around the so called Dawn of democracy.

As alluded to, in ancient Greece, since laws were unwritten at first, the social pyramid’s

elite interpreted and twisted laws for their own exclusive benefit.

Of course, as usually happens in such cases as previously mentioned, this elite claimed

the laws were god-given, and subsequently, holy and to be blindly followed by all members

of society...

except themselves.

At this time, however, something somewhat new to recorded history started to happen-

people began initiating widespread protests against the so-called “noble and holy habit”

of creating and interpreting laws to benefit themselves.

The common people, thus, demanded a single, written and organized legal system that would

be fair and practical for every social class.

Enter Draco (650 to 600 BC), a legislator of Athens in ancient Greece.

Although usually regarded as the first lawmaker in Athenian history, in reality, six men preceded

him in institutionalizing unwritten laws and codes.

Although obviously from the first half of this video, Draco was far from the first person

to document a complete system of laws, he is widely considered the first democratic

legislator in recorded history, given that he was the first lawgiver to write a codes

of law following overwhelming request from the citizens of any ancient city-state, with

Draco commissioned by the people for such a task in 624 BC.

By 621 BC, he delivered a comprehensive and thorough legal system, written on plates to

be placed publicly in the Athenian Agora.

These laws, though fundamentally fair in the sense that they were applicable for every

citizen regardless of heritage, social class, or wealth, proved to be extremely, well, Draconian.

The punishments for minor offenses were ridiculously harsh.

For instance, the theft of a piece of fruit or sleeping in a public place were both punishable

by death.

Similarly, minor offenses could easily see a person turned from a free citizen to a slave.

Naturally the harshness of the punishments caused a lot of controversy and resentment

within diverse circles of Athenian society from the wealthy to the poor man.

Unsurprisingly, only thirty years later, most of the Draconian Laws were abolished and replaced

successfully by a set of reforms and laws created by one of the so-called “Seven Sages

of the Ancient World”- Solon, His goal was to create a relatively fair system that would

also appease members of all levels of society.

Solon is thus widely considered the father of Modern Western Law and often credited as

the Athenian who laid the foundations for the city-state’s later so-called “perfected”

democracy.