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September 20, 2016

The Hammurabi Code: Amelu vs. Muskenu

Within the years 1792 and 1750 BCE, one of the most influential rulers known in ancient history emerged in the Babylonian Empire. Hammurabi took the throne as the sixth king of the first Babylonian Empire. He was known as a great warrior, an honored statesman, and an emperor who took a great interest in restoring the empire’s religious temples and values.1 He referred to himself as the “king of the four quarters of the world,” claiming that he was chosen by the gods to “destroy the wicked in the land and evil [so] that the strong might not oppress the weak.” Not only is Hammurabi known as a warrior, statesman, and religious man, but he is also remembered for his famous Code of Laws, the Hammurabi Code: a set of laws that is described as the “most extensive and most complete law code” of the Mesopotamian time.2

Inscribed stone stele | Courtesy of The Hutchinson Unabridged Encyclopedia with Atlas and Weather Guide
Code of Hammurabi inscribed on stone stele | Courtesy of The Hutchinson Unabridged Encyclopedia with Atlas and Weather Guide

The laws were written on clay tablets to bring forth a legal system for those in authority to enforce. The Code acted as the legal foundation to a sophisticated society that the Babylonians had become. The laws were meant to bring a form of equality among the people. However, consequences and punishments given to a guilty party did not always reflect the kind of equality that we today would expect. These sets of laws not only brought a legal system, but also put on display the legal basis for a differentiated treatment of individuals based on wealth and gender. Within the Babylonian empire the population was divided into three classes.3 The classes were given the names Amelu, Muskenu, and Ardu. Each social class had specific rights and characteristics to them, as well as determined what quarter of the empire they were to live in.4

The code relies on the concept of lex talionis, or law of retaliation. It is commonly known as an “eye for an eye” justice. According to what the guilty party did, their punishment should thus reflect it.5 However, in some instances, this was not the case. The differences in punishments relied a great deal on which social class the victim or perpetrator belonged to. Many times, the Amelu, the elite class on the social spectrum, would be given lesser sentences than the poor by Hammurabi’s Code. For example, if the Amelu were to harm someone from the Muskenu  class, the Amelu would merely be subject to a restitution in the form of silver. Committing the same crime against the Amelu, the Muskenu would be subjected to a much more severe punishment, in accordance with the Code. Furthermore, if the violator of the code could not pay or replace what had been harmed, the violator would be sent to immediate death.6 More often than not, it was the members of the lower class who were being accused of crimes and were unable to pay the restitutions.

The legal foundations of aristocratic privileges are evident in ancient Mesopotamian history. This was due to the economic importance and responsibilities held by the Amelu. During this time in history, one’s wealth, what official position one held, and which family one was born into, determined how one would be treated under the law. Differences in cases and punishment were arranged to benefit the “value” and “dignity” that the Amelu held within the society. The top of the social pyramid was seen as more important; therefore, committing any devaluing crime against them in any way was dealt with very firmly in comparison to how crimes committed on the Muskenu were handled.7 Although many judges of this civilization carried out the law according to Hammurabi’s standards, in which the higher class held a greater value in the society in comparison to the poor, some judges struggled to ensure that the Muskenu was not being oppressed by the Amelu.8

The code that Hammurabi introduced to the Babylonian people had a great impact as it brought social order and a structured legal system. Overall, the code created a commonality in standards for those in authority when deciding punishments and consequences to a violator of the law. Hammurabi’s Code is believed to be the first set of written laws in human history.

  1. George S. Duncan, “The Code of Moses and the Code of Hammurabi,” The Biblical World 23, no. 3 (1904): 188.
  2. Jerry Bentley and Herbert Ziegler, Traditions & Encounters, Volume 1 From the Beginning to 1500, 5 edition (New York: McGraw-Hill Education, 2010), 29-30.
  3. Salem Press Encyclopedia, August 2016, s.v. “Promulgation of Hammurabi’s Code,” by Mary Jegen.
  4.  Ancient History Sourcebook, 1915, “The Code of Hammurabi: Introduction,” by Charles Horne.
  5. Jerry Bentley and Herbert Ziegler, Traditions & Encounters, Volume 1 From the Beginning to 1500, 5 edition, 30.
  6. William F. Edgerton, “Amêlu and Muškênu in the Code of Hammurabi,” The American Journal of Semitic Languages and Literatures 41, no. 1 (1924): 58–63.
  7. Edgerton, “Amêlu and Muškênu in the Code of Hammurabi,” 63.
  8. Jerry Bentley and Herbert Ziegler, Traditions & Encounters, Volume 1 From the Beginning to 1500, 5 edition, 30.

Tags from the story

Babylonian law

Hammurabi

The Code of Hammurabi

Recent Comments

Ben Guillen

Well written article, reflects on some of the problems of today.

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21/09/2016

8:16 am

Celina Resendez

While reading your article, one name kept coming to mind, Hitler. It seems that the people were ruled under this law some what in the way Hitler tried to control the people of Germany, obviously, not to the extreme that Hitler took his practice, but in a way. It may be a far fetched comparison, but it is one that for some reason continued to enter my mind. It’s as if perhaps Hammurabi or the judges wanted to treat those more like them a certain way, while punishing those who were not. I really enjoyed your article. It relates to many different events throughout history.

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21/09/2016

8:16 am

Priscilla

Very impressed by this very interesting article!

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23/09/2016

8:16 am

Rachel White

This article was very interesting, and yet very sad. Why is it that a system that was created so long ago and that favored the upper classes seems to survive until today? Why is it that a person’s social class can have a weigh in their punishment no matter how bad? Although we, in the United States, do not practice the “eye for an eye” idea, we do let people with higher standing off easier than those who come out of poor neighborhoods. You would think after several hundred years, we could get this right; maybe we never will though.

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13/10/2016

8:16 am

Bryce Cardwell

This code of law was very interesting and amusing to me in high school when I was taught it. The saying “eye for an eye” always seemed a bit aggressive to me, but the fact that it existed in this society was crazy to me. The way Hammurabi led his land was very interesting and new, and we can still see today that his view on how life should be and government should run exists still.

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31/10/2016

8:16 am

Aylin Salinas

I’m glad we do not practice the whole “eye for an eye” here in the United States, but it’s crazy to think that we still hold people at different status. We can even see the corruption in how certain people are punished and how people are able to get away with certain crimes. I’ve seen far too many people pay their way out of their punishment.

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09/11/2016

8:16 am

Maalik Stansbury

Great job. I think it is interesting how even back in this time class and social class was a huge way to determine whether the punishment you received was vicious or not. Including that the class also pretty much portrayed as to how you would be punished. Also that it seemed like this was more an eye for an eye type of justice. Great job with the article

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06/12/2016

8:16 am

Joshua Tinajero

Although Hammurabi attempted to create a system, that bestowed the proper punishments for offenders back in the 1700s, the severity of repercussions based off of class differentiation proved that his method had great flaws. Great job in describing his laws and identifying the issues with it!

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07/12/2016

8:16 am

Erik Rodriguez

Excellent article! Who would’ve ever thought that a system so long ago could still basically happen today? It amazes me that depending on your social class, today, you can get away with certain punishments. Although the “eye to eye” idea was extreme, social classes today still experience corrupt actions. We do our best to stop them, but it seems to never end. Very well written article, great job!

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07/12/2016

8:16 am

Cesar Zavala

I had heard of The Hammurabi Code before and I also heard this funny saying that said if we follow these rules we’ll have a bunch of one eyed people in the world. Although these laws are extreme to us now, I feel that people back then were used to such an extreme life style that they were not as shocked as we would be today. I also think that the extreme punishments would deter people from commiting crimes.

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17/02/2017

8:16 am

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