The Code of Hammurabi (1795-1750 BCE)
Charles F. Horne: The Code of Hammurabi: Introduction
[Hammurabi] was the ruler who chiefly established the greatness of Babylon, the world's first metropolis. Many relics of Hammurabi's reign ([1795-1750 BCE]) have been preserved, and today we can study this remarkable King....as a wise law-giver in his celebrated code. . .
[B]y far the most remarkable of the Hammurabi records is his code of laws, the earliest-known example of a ruler proclaiming publicly to his people an entire body of laws, arranged in orderly groups, so that all men might read and know what was required of them. The code was carved upon a black stone monument, eight feet high, and clearly intended to be reared in public view. This noted stone was found in the year 1901, not in Babylon, but in a city of the Persian mountains, to which some later conqueror must have carried it in triumph. It begins and ends with addresses to the gods. Even a law code was in those days regarded as a subject for prayer, though the prayers here are chiefly cursings of whoever shall neglect or destroy the law.
The code then regulates in clear and definite strokes the organization of society. The judge who blunders in a law case is to be expelled from his judgeship forever, and heavily fined. The witness who testifies falsely is to be slain. Indeed, all the heavier crimes are made punishable with death. Even if a man builds a house badly, and it falls and kills the owner, the builder is to be slain. If the owner's son was killed, then the builder's son is slain. We can see where the Hebrews learned their law of "an eye for an eye." These grim retaliatory punishments take no note of excuses or explanations, but only of the fact--with one striking exception. An accused person was allowed to cast himself into "the river," the Euphrates. Apparently the art of swimming was unknown; for if the current bore him to the shore alive he was declared innocent, if he drowned he was guilty. So we learn that faith in the justice of the ruling gods was already firmly, though somewhat childishly, established in the minds of men.Yet even with this earliest set of laws, as with most things Babylonian, we find ourselves dealing with the end of things rather than the beginnings. Hammurabi's code was not really the earliest. The preceding sets of laws have disappeared, but we have found several traces of them, and Hammurabi's own code clearly implies their existence. He is but reorganizing a legal system long established.
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The Code of Hammurabi was one of several sets of laws in the Ancient Near East.[7][8] Earlier collections of laws include the Code of Ur-Nammu, king of Ur (ca. 2050 BCE), the Laws of Eshnunna (ca. 1930 BCE) and the codex of Lipit-Ishtar of Isin (ca. 1870 BCE),[9]Hittite laws, the Assyrian laws, and Mosaic Law.[10] These codes come from similar cultures in a relatively small geographical area, and they have passages which resemble each other.[11]
View of the back side of the stele.
The Babylonians and their neighbors developed the earliest system of economics that was fixed in a legal code, using a metric of various commodities. The early law codes from Sumer could be considered the first (written) economic formula, and have many attributes still in use in the current price system today, such as codified amounts of money for business deals (interest rates), fines in money for wrongdoing, inheritance rules and laws concerning how private property is to be taxed or divided.[13]
Here are seventeen example laws, in their entirety, of the Code of Hammurabi, translated into English:
- If anyone ensnares another, putting a ban upon him, but he can not prove it, then he that ensnared him shall be put to death.
- If anyone brings an accusation against a man, and the accused goes to the river and leaps into the river, if he sinks in the river his accuser shall take possession of his house. But if the river proves that the accused is not guilty, and he escapes unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser.
- If anyone brings an accusation of any crime before the elders, and does not prove what he has charged, he shall, if a capital offense is charged, be put to death.
- If a builder builds a house for someone, and does not construct it properly, and the house which he built falls in and kills its owner, then the builder shall be put to death.(Another variant of this is, If the owner's son dies, then the builder's son shall be put to death.)
- If a son strike his father, his hands shall be hewn off.
- If a man give his child to a nurse and the child dies in her hands, but the nurse unbeknown to the father and mother nurses another child, then they shall convict her of having nursed another child without the knowledge of the father and mother and her breasts shall be cut off.
- If anyone steals the minor son of another, he shall be put to death.
- If a man takes a woman to wife, but has no intercourse with her, this woman is no wife to him.
- If a man strikes a pregnant woman, thereby causing her to miscarry and die, the assailant's daughter shall be put to death.
- If a man puts out the eye of an equal, his eye shall be put out.
- If a man knocks the teeth out of another man, his own teeth will be knocked out.
- If anyone strikes the body of a man higher in rank than he, he shall receive sixty blows with an ox-whip in public.
- If a freeborn man strikes the body of another freeborn man of equal rank, he shall pay one gold mina [an amount of money].
- If the slave of a freed man strikes the body of a freed man, his ear shall be cut off.
- If anyone commits a robbery and is caught, he shall be put to death.
- If anyone opens his ditches to water his crop, but is careless, and the water floods his neighbor's field, he shall pay his neighbor corn for his loss.
- If a judge tries a case, reaches a decision, and presents his judgment in writing; and later it is discovered that his decision was in error, and it was his own fault, he shall pay twelve times the fine set by him in the case and be removed from the judge's bench.
- If during an unsuccessful operation a patient dies, the arm of the surgeon must be cut off.
There are 282 such laws in the Code of Hammurabi, each usually no more than a sentence or two. The 282 laws are bracketed by a Prologue in which Hammurabi introduces himself, and an Epilogue in which he affirms his authority and sets forth his hopes and prayers for his code of laws.





I am very familiar with the importance of The Code of Hammurabi. Death does seem to be the theme for punishment. What I find concerning is the law concerning, a man who strikes a pregnant woman, thereby causing her to miscarry and die, it is the assailant's daughter who shall be put to death. This is very telling, as it relates to the status of women during this time. They were important for breeding, but also considered less than men and open for a death sentence if their Father's committed the offense. Interesting. I find the study of law always reflective. It is so very telling about the people who inact the laws. What do our laws say about us tody? I am sure quite a bit. Thank-you for posting this. I enjoyed looking at it.
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Yes; what is interesting is that Hammurabi's Code was not the earliest versions of these laws, which we still keep in some form today and can see threaded through all human civilizations...
I agree that in many instances we can see the effects of the often non-existent status of women, but in this case it is not limited to only daughters suffering for their father's perceived crime. It also states above that if a builder's structure falls and kills another man's son, then his son shall die as well:
"If a builder builds a house for someone, and does not construct it properly, and the house which he built falls in and kills its owner, then the builder shall be put to death.(Another variant of this is, If the owner's son dies, then the builder's son shall be put to death.)"
Thanks for your comment, glad you enjoyed the post
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