Hammurabi's code of law

Hammurabi's Code of Law is a well-preserved Babylonian law code of ancient Mesopotamia, dating back to about 1754 BC. It is one of the oldest and one of the most important deciphered writings of significant length in the world. The sixth king of the Babylonian dynasty, Hammurabi, enacted this code. Partial copies of this code exist on a seven and a half foot stone stele and various clay tablets.

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It was a Customary law of code, which means that it was based on rituals, customs, and practices of the society. The code consists of 282 laws, with scaled punishments, adjusting "an eye for an eye, a tooth for a tooth" as graded depending on social status, of slave versus free man. Customary laws was the basis of legal structure. Rulers would usually apply the laws of their predecessors. Rulers would issue edicts which contained these modifications. Hammurabi carried out a thorough compilation of laws, many of which were intended to guide judges in situations which were not provided for in existing law. In order to familiarise the people with these laws Hammurabi had them inscribed and placed in several parts of the empire, many were placed in temples also. The Susa inscription is the most well known of all the copies of Hammurabi's code.

Susa inscription
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The Mesopotamian Society at a glance.

The code confirms the existence of a highly stratified society. The code recognises three main classes: Wardu, Mushkenu and awelu.

Wardu was the term used for slaves. By Hammurabi's time there was a considerable slave population in Mesopotamia. The ability to produce a surplus on a regular basis had been the first precondition for the emergence of slavery. Slavery becomes possible when society reaches a stage where it can produce surplus. Warfare, however is the second precondition for slavery. Enslavement implied complete dehumanisation of a person. Slaves were treated as things and not as human beings. The first slaves were women. When a group was conquered, the normal practise was to kill the men and enslave the women. It would have required too much armed force to watch over men slaves who possessed military training. It was much later that men were enslaved. The Wardu had distinctive marks on their bodies. This made it difficult for them to run away. They were shaven and branded. In Hammurabi's code of law, helping a slave lead to death.

The Awelu were the uppermost stratum of soceity. Awelu were free inhabitants enjoying superior rights. The Awelu included priests, nobles, military leaders, warriors, scribes and big farmers. The ruling elites were drawn from this class.

The Mushkenu did not enjoy certain rights. They could not hold any public office and were usually not allowed to possess weapons. Their right to property was limited. They were tenants rather than landowners. The Mushkenu stood much lower than Aweku in the social hierarchy. Yet they were free, unlike the Wardu. Whereas laws in the code ordinarily apply to the Awelu and Mushkenu in a similar manner, most of the penalties prescribed are much lighter for the Awelu.

Laws

Almost one-forth of the laws in the code pertain to marriage and the regulation of family relationships. Also, the emergence of private property meant that rulers for inheritance had to be property defined. There must have been a large number of disputes over the inheritance of property. The family, rather the clan, now became the main unit for control over property. Property was inherited within the family.

Women's Status

With the development of agriculture, agrarian communities took to sedentism and established ties of cooperation with one another. These ties were strengthened ties of cooperation with exchange of marriage partners. Women would give birth to children and thereby could be tied down to a new group more easily. Their reproductive function would give them a stake in the group into which they had married, ensuring the loyalty. Men on the other hand would find it easy to break their ties and run away. Women thus became commodities to be exchanged primarily for the purpose of producing children. Once woman had became a 'thing' she no longer enjoyed an equal status. Society became a male dominated Society. The Structure of family was patriarchal. The authority of the father could not be questioned. If a son hit his father, the father could punish the son by cutting of his hand.

A Dowry settlement would be made at the time of marriage. When a women Died, her dowry went to her sons.

Divorce was a male prerogative. According to the code one of the acceptable grounds for divorce was that a woman had behaved 'foolishly wasting her house and belittling her husband' The most common reason for divorce was the feature to give birth to sons.

Economy

Another category of laws in the code deal with the economy. A farmer who undertook to reclaim wasteland was allowed three years to perform the task. In the first year he paid no tax, half the normal tax in the second year, and the full rate in the third year. The laws make it clear that every holder of land had to maintain the bank of any canal that flowed past the fields, and any neglect which might result in damage to adjacent fields was punishable. Then there are laws which lay down the price that had to be paid for certain services, e.g surgery.

Military

Hammurabi's code has references to the system of ilkum which was a mechanism for enlisting military service. Ilkum implied a grant of land which obliged the holder to serve in the army. It is not very clear as to how ilkum operated, but this institution was useful for mobilising military support.  

A thought

Mesopotamian laws, including those enshrined in Hammurabi's code, exerted considerable influence over the legal systems of other societies of West Asia. Many of these laws were later modified and adapted to suit the social conditions of the people of this region.