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
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.
- George S. Duncan, “The Code of Moses and the Code of Hammurabi,” The Biblical World 23, no. 3 (1904): 188. ↵
- Jerry Bentley and Herbert Ziegler, Traditions & Encounters, Volume 1 From the Beginning to 1500, 5 edition (New York: McGraw-Hill Education, 2010), 29-30. ↵
- Salem Press Encyclopedia, August 2016, s.v. “Promulgation of Hammurabi’s Code,” by Mary Jegen. ↵
- Ancient History Sourcebook, 1915, “The Code of Hammurabi: Introduction,” by Charles Horne. ↵
- Jerry Bentley and Herbert Ziegler, Traditions & Encounters, Volume 1 From the Beginning to 1500, 5 edition, 30. ↵
- 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. ↵
- Edgerton, “Amêlu and Muškênu in the Code of Hammurabi,” 63. ↵
- Jerry Bentley and Herbert Ziegler, Traditions & Encounters, Volume 1 From the Beginning to 1500, 5 edition, 30. ↵
35 comments
Natalia Flores
Hammurabi believed in equality hence when he said “the strong shall not oppress the weak”, but there was social discrimination in his laws. The irony of it all is that the strong (value wise) were the people of higher social standard and had lesser punishments than those at the bottom. It even set up the idea of aristocratic privileges which is the complete opposite of equality. Then again, in this time period equality didn’t really exist.
Samuel Stallcup
I think Hammurabi’s Code is an incredibly interesting piece of history, for it STILL has some of the same philosophies that we have now (e.g. “eye for an eye.”) I also think it’s very interesting that there were so many rules, and how punishment was used. There was a good amount of detail in this article, and I enjoyed your article.
Cristina Cabello
We just went over the code of Hammurabi in civilizations. I find this study fascinating. It is basically a set of rules established. But an eye for an eye moto. Meaning that if one thing happens, then an equal consequence will occur. In a way I find this code fair. Unless if it is a false accusation. Then that’ll be terrible. Which sadly still happens to this day.
Tyler Thompson
Upon learning about this subject in class, this article was very well explained, and gave me a greater insight of the topic. Hammurabi created and wrote the first system of laws in the early Babylonian Empire. Although most of his laws did seem outrageous and extreme, it was a guideline for future creation of laws, and unfortunately some of the guidelines that we abide by today, in terms of gender.
Karina Nanez
The Hammurabi Code is always interesting to read and study. To look the these laws and punishments that target the poor lower classes rather than the upper class aristocrats, it seems surprising to us now but this was not unusual. I had also never heard the term “lex talionis” but when you translated it, I was very familiar wth this concept.
Joshua Breard
I think that this article was very well written! The Hammurabi Code is the one of the oldest and most elaborate forms of law that we have in history and I think that this is a very important part of our history. Politicians and other political leaders have learned from roots of the Hammurabi code to develop new laws to be work for the people. I think that it is best to acknowledge our roots and the roots of law are in this code. Great job!
Oceane Roux
Thank you very much for this article! The code of Hammurabi is the very first text of law of history. I think it is very interesting to see that people were already “ordering” their society and used social classes, I honestly thought that it would happen only later in history. I saw that the code was written on a stele and kept in the Louvre museum, it is incredible to me that we have been able to protect such artifact for so long.
Tara Sellers
The Hammurabi code is one the of the most elaborate set of laws. It makes sense for them to have to start making more elaborate rules. Since cities are being developed and more people are living in one place there will be upsets to the balance of society. By having harsh rules will help keep order. It is interesting to see the class system through the code. With the elites getting a lesser sentence than the common person.
Johnanthony Hernandez
Well written article, the Code of Hammurabi has been an interest of mine for a while and this article covered more information than what most that I have read do. Very few know that it is considered to be the first set of written laws and most would think that the Ten Commandments were. But again, great article and well researched.
Mario Sosa
One would figure that the Greeks or Romans would be the first to establish a legal system, but I found it surprising to read that it was actually the Babylonians who became the first to create laws. Even more stunning to me is how despite the fact that it did had several issues, the Hammurabi code was effective at establishing law codes. Well researched, great job!