CLASSICS 2LW3 Study Guide - Midterm Guide: Eye For An Eye, Intestacy, Distributive Justice
28 Jun 2018
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1760 - 1750 BC - Approximate Publication of the Codex Hammurabi
Just 3 monuments inscribed with the code survive, but over 50 fragments of text have been found in the
Near East
•
Louvre Monument (Diorite Stele) and Carvings
The relief carving depicts a standing Hammurabi receiving a rod and ring from a sitting Shamash (the
Sumerian god of justice), holds the most complete inscription of the Code, Visually, the text seems to
form a platform for the two, suggesting that they are supported on the laws.
This was probably late in Hammurabi's reign (1792 - 1749 BC) as the prologue mentions late additions to the
Babylonian Empire. An empire established through conquest and diplomacy, he governed through
vassals/subordinate kings.
Casuistic laws are depicted similarly to the Code of Ur-Nammu, with over 300 codified ordinances
inscribed in the Akkadian language using Cuneiform
•
These ordinances were extensive, but not exhaustive, with notably selectivity (including no
straightforward provision for murder) and also outlined the necessary procedural law practices
•
Heavy focus on reparations in the form of monetary payment
•
The intended readers are therefore likely the gods, ruling elite, judicial officials, and other kings -
individuals with vast judicial knowledge and experience
○
Many stipulations assume knowledge of laws not mentioned in the Codex Hammurabi, suggesting a
substantial, separate body of law
•
Of the hundreds of known trial documents from the Old Babylonian period, none cite the Codex as a
basis for a verdict (while occasionally they cite other legal authorities, such as misarums)
•
The nature of the text is description, rather than prescriptive, suggesting that the writers looked to the
courts to come up with stipulations, reflecting principles that had already been practiced
•
Characteristics of the Codex Hammurabi
Legal Status in Old Babylonia
Awilu - free people, any ordinary citizen of a Mesopotamian city - any laws not specifying class are
presumed to concerned the Awilu
•
Mushkenu - state dependents/officials, a mushkenum was a person who submitted to some king for state
obligation, military or civilian in return for certain privileges
•
Debt slaves - in taking on debt and being unable to pay, they are enslaved by debtors; theoretically
it was possible to gain freedom once again (See Poor Man from Nippur)
1.
Chattel slaves - slaves who were actual property, and could be sold, traded, or inherited
2.
Famine slaves - voluntary slavery during food shortage, usually reversible
3.
Wardu - slaves, of which there were three types:
•
The laws reveal that Old Babylonian society had three distinct classes of people:
Many provisions in the Codex imposed different outcomes dependent upon the status of the parties, with
harsher penalties and less reparations for the Wardu compared to the Mushkenu or even the Awilu.
Prologue and Epilogue
The language of the prologue and epilogue is steeped in traditional royal ideology.
1 - 5
False Testimony
6 -25
Theft
Often resulted in the death penalty
26 -41
Labour on State-
Owned Land
Rent would be arranged by a contract and the bailee would be
required to cultivate and maintain land in exchange for
maintenance
○
Private land was normally cultivated by owners (small time farmers)
though bailment and rent were also common
•
A law serving as the precursor of usucapio exists
•
Land Use/Possession
42 -65
Property
Law 32 - Social insurance for theft of property, loss of life and capture of
a household's breadwinner in war (or in service to the king)
•
Social Insurance
Code of Hammurabi
September 12, 2017
4:56 PM
Ancient Law Page 1
Document Summary
1760 - 1750 bc - approximate publication of the codex hammurabi. This was probably late in hammurabi"s reign (1792 - 1749 bc) as the prologue mentions late additions to the. An empire established through conquest and diplomacy, he governed through vassals/subordinate kings. Just 3 monuments inscribed with the code survive, but over 50 fragments of text have been found in the. The relief carving depicts a standing hammurabi receiving a rod and ring from a sitting shamash (the. Sumerian god of justice), holds the most complete inscription of the code, visually, the text seems to form a platform for the two, suggesting that they are supported on the laws. Casuistic laws are depicted similarly to the code of ur-nammu, with over 300 codified ordinances inscribed in the akkadian language using cuneiform. These ordinances were extensive, but not exhaustive, with notably selectivity (including no straightforward provision for murder) and also outlined the necessary procedural law practices.
