The Code of Hammurabi, Essay Example

Law is the cornerstone of human society which helps regulate human activity so that peace and order is maintained and people can engage in pursuit of their concept of happiness, aspirations and interests. Since ancient times, a number of systems of judicial jurisprudence had evolved that attempted to regulate human life. One such system was the code of Hammurabi that was practiced in ancient Babylon and this essay explains the main tenets of the code, the goals of King Hammurabi in implementing the code and a critical analysis of its efficacy by the author of this essay.

King Hammurabi ruled Babylon in 1796-1750 B.C. and it was during his rule that he formulated an extensive system of 282 laws that covered aspects of personal relations, economics, slavery, court proceedings and punishments for criminal activity. The code of Hammurabi regulated economic and social activity considering the relative capacity and capability of the three classes of Babylonian society that basically comprised of the aristocrats, the poor and the slaves. For administration and security of the kingdom, the code required the nobility and the people of the land to contribute men to the army. This contribution usually consisted of slaves but could also include the poor people.  Private land ownership was recognized by the code where land could be bought and sold. Landowners had various responsibilities such as maintenance of levees and canals for riparian land owners (King 8). The King reserved the right to re-appropriate land in the interests of the kingdom for which he paid a fair price. The state had a proportionate claim to parts of the land produce, animal stocks. The code institutionalized a system of taxes and toll. These measures provided for the monies required to run the state. As in any modern state, exemptions from taxation to certain sections of the population were decreed such as the clergy. Religion occupied a special position in Babylonian society and the code of Hammurabi begins and ends with an invocation to Babylonian gods. This connection between the state and religion reflected in the extensive dues that the temple received from the state and its people which were ordained as law in the code of Hammurabi. The fixed dues from the King, collections from conduct of religious ceremonies and sacrifices, gifts from devotees all served to enrich the clergy. The code required the temple to execute certain duties too in return for its extensive rights. Large holdings of grain stocks with the temple came in handy during hard times. Farmers could borrow grain and seeds from the temple and pay back the loan without interest. The payments of indemnity for citizens captured by enemy soldiers were paid by the temple (King 6).

Hammurabi’s goals in proclaiming the code was to ensure a system by which peace and order could prevail in his kingdom. The opening invocation of the code proclaims “Marduk sent me to rule over men, to give the protection of right to the land, I did right and righteousness ….., and brought about the well being of the oppressed” (King 2). The code allowed Hammurabi a mechanism to ensure maintain his kingdom safe from external aggression and internal dissensions that have proved to be the bane of many a kingdoms and states.

A critical analysis of the punishments for transgressing the various laws enshrined in Hammurabi’s code may seem too harsh and illogical in the modern era. Most punishments decreed a death sentence and there were no provisions for lesser punishments or consideration for mitigating circumstances. The principle of ‘an eye for an eye’ seems to have evolved from the code of Hammurabi as the law “If a man puts out the eye of another man, his eye shall be put out” (King 20) shows. The law that if a building collapsed and the son of the owner died, the builder’s son would be put to death (King 23) aptly sums up the illogical application of law as is understood by modern western systems of jurisprudence. “If a son strike his father his hand will be hewn off’ seems too extreme a punishment for the modern age but served clear deterrent purposes for ensuring law and order in those times. Apparently, no Babylonian knew how to swim as one of the laws ordained that if an accused survived a plunge in a river he was deemed innocent (King 3). The punishments proclaimed by the code of Hammurabi may seem illogical and barbaric by modern western system of jurisprudence but it must be remembered that similar edicts do exist in Islamic jurisprudence which incidentally is still used in large parts of the Muslim world.

In conclusion, it can be stated that the 282 laws ordained in the code of Hammurabi served the goals and purposes of King Hammurabi in ensuring law and order in his kingdom. For the Babylonian society of 8^th century B.C., the codes were just and fair. From the standpoint of modern western concepts of jurisprudence, the laws are not just and fair and in most cases illogical. However, from an Islamic perspective, many of the laws proclaimed in the code of Hammurabi have relevance in this era too especially all punishments adhering to the principle of ‘an eye for an eye’.

Works Cited

King, L.W. The Code of Hammurabi. Montana: Kessinger Publishing, 2004.