BABYLONIAN KING'S CODE OF HAMMURABI: AN EYE FOR AN EYE

THE CODE OF HAMMURABI

HAMMURABI RECEIVING CODE OF LAWS FROM SUN GOD SHAMSH.

INTRODUCTION

The Code of Hammurabi was inscribed on a stele and placed in a public place so that all could see it, although it is thought that few were literate. The stele was later plundered by the Elamites and removed to their capital, Susa; it was rediscovered there in 1901 in Iran and is now in the Louvre Museum in Paris. The code of Hammurabi contained 282 laws, written by scribes on 12 tablets. Unlike earlier laws, it was written in Akkadian, the daily language of Babylon, and could therefore be read by any literate person in the city.

The structure of the code is very specific, with each offense receiving a specified punishment. The punishments tended to be very harsh by modern standards, with many offenses resulting in death, disfigurement, or the use of the "Eye for eye, tooth for tooth" (Lex Talionis "Law of Retaliation") philosophy. The code is also one of the earliest examples of the idea of presumption of innocence, and it also suggests that the accused and accuser have the opportunity to provide evidence. However, there is no provision for extenuating circumstances to alter the prescribed punishment.

A carving at the top of the stele portrays Hammurabi receiving the laws from the god Shamash or possibly Marduk, and the preface states that Hammurabi was chosen by the gods of his people to bring the laws to them. Parallels between this narrative and the giving of laws by God in Jewish tradition to Moses and similarities between the two legal codes suggest a common ancestor in the Semitic background of the two. Fragments of previous law codes have been found. However David P. Wright argues that the Covenant Code of the Biblical Book of Exodus is 'directly, primarily, and throughout' based upon the Laws of Hammurabi.

Similar codes of law were created in several nearby civilizations, including the earlier Mesopotamian examples of Ur-Nammu's code, Laws of Eshnunna, and Code of Lipit-Ishtar, and the later Hittite code of laws.

Example laws in Hammurabi's code

(Text taken from Harper's translation, readable on Wikisource)

1. § 8 – If any one steal cattle or sheep, or an ass, or a pig or a goat, if it belong to a god or to the court, the thief shall pay thirtyfold therefor; if they belonged to a freed man of the king he shall pay tenfold; if the thief has nothing with which to pay he shall be put to death.
2. § 21 – If a man make a breach in a house, they shall put him to death in front of that breach and they shall thrust him therein.
3. § 55 – If a man open his canal for irrigation and neglect it and the water carry away an adjacent field, he shall measure out grain on the basis of the adjacent fields.
4. § 59 – If a man cut down a tree in a man's orchard, without the consent of the owner of the orchard, he shall pay one-half mina of silver.
5. § 168 – If a man set his face to disinherit his son and say to the judges: "I will disinherit my son," the judges shall inquire into his antecedents, and if the son have not committed a crime sufficiently grave to cut him off from sonship, the father may not cut off his son from sonship.
6. § 169 – If he have committed a crime against his father sufficiently grave to cut him off from sonship, they shall condone his first (offense). If he commit a crime a second time, the father may cut off his son from sonship.
7. § 195 – If a son strike his father, they shall cut off his fingers.
8. § 196–201 – If a man destroy the eye of another man, they shall destroy his eye. If one break a man's bone, they shall break his bone. If one destroy the eye of a freeman or break the bone of a freeman he shall pay one mana of silver. If one destroy the eye of a man's slave or break a bone of a man's slave he shall pay one-half his price. If a man knock out a tooth of a man of his own rank, they shall knock out his tooth. If one knock out a tooth of a freeman, he shall pay one-third mana of silver.
9. § 218–219 – If a physician operate on a man for a severe wound with a bronze lancet and cause that man's death; or open an abscess (in the eye) of a man with a bronze lancet and destroy the man's eye, they shall cut off his fingers. If a physician operate on a slave of a freeman for a severe wound with a bronze lancet and cause his death, he shall restore a slave of equal value.
10. § 229–232 – If a builder build a house for a man and do not make its construction firm, and the house which he has built collapse and cause the death of the owner of the house, that builder shall be put to death. If it cause the death of a son of the owner of the house, they shall put to death a son of that builder. If it cause the death of a slave of the owner of the house, he shall give the owner of the house a slave of equal value. If it destroy property, he shall restore whatever it destroyed, and because he did not make the house which he built firm and it collapsed, he shall rebuild the house which collapsed from his own property (i.e., at his own expense).

SOURCES: 

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initial source : Wikipedia 

Secondary Source: Encyclopedia Britannic

Primary Source: World History by B.V Rao