Hammurabi's Law Code Essay Example

Toward the end of the third millennium BCE, drastic changes in the climate enacted a chain of social changes in many Southwest Asian societies. Among these social changes was the emergence of a new kingdom in Mesopotamia. Hammurabi was among the rulers of this kingdom from circa 1792 BCE to 1750 BCE (Green 32). Hammurabi united his kingdom under a single code of laws: Hammurabi's Code. Hammurabi’s Code displays the basic values and beliefs of Mesopotamian culture under the rule of Hammurabi. 

With the devastating changes to the climate in Southwest Asia came an influx of transhumant herders who had previously lived primarily nomadic lives. These herders, referred to as Amorites by the local settlers, came to Mesopotamian cities in search of fertile land and resources that had been stripped of them by the warming climate. The Amorites lived together with the native settlers, however they lacked political rights within the city-states. Eventually, the Amorites grew tired of their lack of respect and representation, and revolted. Uniting with allies from the Iranian plateau, the Amorites successfully overthrew the Third Dynasty of Ur, which had been governing Mesopotamia for over one hundred years. 

In place of the Third Dynasty of Ur came the Old Babylonian Kingdom. The shift from the city-state model of government to a monarchy was not so easy, as it caused a “century of political instability” (Adelman 102). In order to stabilize the kingdom and unite the people, the Mesopotamian kings attempted to introduce a new distinctive culture and shift the organization of the state. The expansion of trade routes within Mesopotamia also united the kingdom, as it allowed for increased communication between people as well as a faster exchange of resources. The introduction of a new set of laws by King Hammurabi, however, further united the kingdom structurally and ethically, as it created a sense of national unity. These laws were compiled in Hammurabi’s Code, and this “new legal order” soon became the foundation of Mesopotamian society (Adelman 102). 

Hammurabi is considered to be the “most famous Mesopotamian ruler of this period” (Green 32). Among his accomplishments is the “establishment of the supremacy of the Babylonian god Marduk” (MacGregor 23). In uniting his people under one god, Hammurabi also justified himself as the sole ruler of the kingdom, as he claimed his power and authority derived from Marduk. The prologue of Hammurabi’s Code uses religion to establish the authority of both Hammurabi and the state in inflicting punishments on the Mesopotamia people in response to any rule-breaking. In the prologue, Hammurabi claims: “Anum and Enlil named me ... Hammurabi, … to cause justice to prevail in the land” (MacGregor 24). This not only establishes the authority of Hammurabi in punishing the citizens for their wrongdoings, but also discourages them from partaking in any rule-breaking, as it would be unethical for them to act against Marduk. This use of religion to establish authority demonstrates the importance of religion in the basic values of Mesopotamian society at the time this code was written. 

Hammurabi’s code largely deals with familial and marital values, as Hammurabi wanted to use families and clans to structure and organize the state. In creating strict familial laws, each family would stay intact, leading to an organized, unified, and collaborative society. The importance of steady family units caused adultery to be viewed as one of the worst crimes one could commit, and therefore had the most extreme punishments. For example, the code states: “If the wife of a seignior has been caught while lying with another man, they shall bind them and throw them into the water” (MacGregor 24). Because adultery is met with such harsh consequences as death, the specific description of each incident is crucial in the code. Every specific instance of adultery or report of adultery is matched with its own unique punishment. The punishments for women, however, are extremely harsh and establish their role in society as being servants for their husbands. For example, if a woman “was not careful, but was a gadabout, thus neglecting her house (and) humiliating her husband, they shall throw that woman into the water” (MacGregor 24). While displaying the role of women as inferior to men, the law encouraged respect for the patriarch of a household, as if a “son has struck his father, they shall cut off his hand” (MacGregor 24). By using his code to provide a structure for patriarchal families, Hammurabi further establishes himself as the patriarch of the state and promotes a sense of family and unity throughout the kingdom as well. 

Hammurabi’s Code is most well known for its “eye for an eye” style of justice, in which the offender of an act of violence is punished by the reciprocation of that same act onto themself  (MacGregor 23). However, the philosophy of “an eye for an eye” was only applied when the people involved were within the same social class (MacGregor 23). Hammurabi’s Code established distinct classes of people, the elite were at the top, then came the seigniors, then the commoners, and at the bottom were slaves. Therefore, “if a seignior has knocked out a tooth of a seignior of his own rank, they shall knock out his tooth” (MacGregor 27). Because the status of the two individuals is equal, the punishment is simply a reciprocation of the initial act of violence. However, if a seignior “has knocked out a commoner's tooth, he shall pay one-third mina of silver” (MacGregor 27). The less severe punishment for the same crime on a different person further defined and displayed the social structure and hierarchy in Mesopotamia, by implying that one person’s tooth constitutes more value than another’s. 

The Code of Hammurabi is the earliest set of laws “to survive largely intact” (MacGregor 23). Many ideas seen in this code are still prevalent today, including the idea of one being considered innocent until proven guilty. For example, if a woman were accused of a crime, “they shall prove it against that woman and throw her into the water” (MacGregor 24). The idea of proving a person’s guilt rather than their innocence is displayed in Hammurabi’s Code, as well as in the modern United States judicial system. This display of an organized, written set of laws is also used today, as different governments have different sets of laws and values that unite their countries, like Hammurabi’s Code did for Mesopotamia. Furthermore, although the United States has strict rules against the merging of church and state, many people still abide by the laws both for ethical and religious reasons, and out of fear of governmental punishment, as did the citizens of Mesopotamia. Finally, though it is not explicitly written in the law, the idea of one person being more valuable to a society than another is still largely relevant today, just as it was under the rule of Hammurabi. 

Hammurabi’s code was able to speak across time, space, and culture in a way that influenced both the American governmental structure and judicial system. The rules and ideas illustrated the culture and society in Mesopotamia under the rule of Hammurabi, and demonstrated the social structure, values, and beliefs. The importance of religion in the society provided Hammurabi with his authority. His patriarchal authority was also heavily emphasized by his constant emphasis on the importance of family. Finally, his role as the supreme ruler was finalized in the organization of social classes, as he placed himself on the top. Hammurabi’s code allowed for insight into Mesopotamian culture and society during the rule of Hammurabi.