Running head: CODE OF HAMMURABI, THE IMPORTANT LAWS OF OUR TIME
Code of Hammurabi, the Important Laws of Our Time
Margot Chavez North
El Paso Community College
Court Systems and Practices
CRIJ 1306
Dr. George H. Holden IV
November 5, 2015
Authors Note:
This paper was written for the class of Courts Systems 1306, instructed by Dr. George Holden
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CODE OF HAMMURABI, THE IMPORTANT LAWS OF OUR TIME
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Abstract
This research paper examines the history of legal codes written by King Hammurabi. He was
heir to the throne and became king of Babylonia upon his father’s death in 1792 BC. When
Hammurabi became the king of Babylonia, he ruled from the throne for 42 years ranging from
1792 to 1750 B.C. (Roth, 2002). Hammurabi codified 282 laws to establish a legal structure
within his kingdom to benefit the citizens. The codified laws were recognized by many as the
first set of written laws but the code of Ur-Nammu, which was written in c. 2100-2050 B.C., “is
the oldest code of laws in the world” (Mark, 2011, para. 10). Hammurabi had the laws written in
a manner that was clear enough for everyone to understand. The laws that Hammurabi created
carried harsh sentences for the offender. The laws typically dealt with theft, adultery, and lying.
If an individual was caught in a lie, the offender would have their ear cut off as a form of
punishment. The law states that if a person gave someone an item to hold and the individual does
not return it, that individual would be required to pay five times the value of the item. If a man or
woman had an affair, the punishment would be death. The examples above are just a few of the
many laws that were written to establish order in a chaotic society. Today’s criminal justice
system views Hammurabi’s codes as the root of many laws.
CODE OF HAMMURABI, THE IMPORTANT LAWS OF OUR TIME
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Code of Hammurabi, the Important Laws of Our Time
Usually whenever people think of laws, they tend to think of Congress but the root of
many laws originated from King Hammurabi’s codes. Hemmens, Brody, and Spohn (2013) said,
“This code of law is known as the oldest written code of laws” (p. 6). The preceding quote is
believed by many but the code of Ur-Nammu, which was written in c. 2100-2050 B.C., “is the
oldest code of laws in the world” (Mark, 2011, para. 10). Hammurabi’s codified laws date back
long before Christianity. He composed and instituted the code of laws around 1772 B.C. (Roth,
2002). Hemmens, Brody, and Spohn (2013) said the laws Hammurabi created were an example
of a society that was “well-advanced” (p. 6). Evidence shows that this ancient culture was a
sophisticated civilization (Hemmens, Brody, & Spohn, 2013). Hammurabi was the king of
Babylonia for 42 years from 1792-1750 BC (Roth 2002).
Before King Hammurabi wrote the code of laws, he sent some of his legal experts
throughout the kingdom, to gather all of the currently existing laws (Santayana, n.d.). Legal
experts reviewed the laws that were gathered. Some of the existing laws were changed, and
others were eliminated before completing the final list of 282 set of laws (Santayana, n.d.).
Included in the set of laws was Hammurabi’s philosophy, which was the phrase “an eye for an
eye, a tooth for a tooth” known as Lex Talionis (Hemmens, Brody, & Spohn, 2013, p.6). The
philosophy, “an eye for an eye and a tooth for a tooth,” predated the Old Testament (Mark, 2011,
para. 6). This philosophy of “eye for an eye and a tooth for a tooth” is found in the book of
Exodus in the Bible (Mark, 2011, para. 6). The philosophy states that one can bring their
particular form of revenge, even in the same way it was presented to the victim and/or to the
victim’s family (Exodus 21:23 and 24). Exodus, verse 22 states: that if a man is causing harm to
a woman who is pregnant resulting in a miscarriage then that man will be punished according to
CODE OF HAMMURABI, THE IMPORTANT LAWS OF OUR TIME
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the husband of the pregnant woman. Verse 24 of the same book states: that if one acts or does
something against a person, be careful because it may come back on that person (Exodus 21:23
and 24).
The philosophy states that if someone kills or hurts a member of a family, the victim has
the right to retaliate in kind on the perpetrator’s family. This form of revenge created feuds
among the affected families. Blood feuds occurred when families wanted to settle disputes. A lot
of innocent bystanders lost their lives during the blood feuds. The code of Hammurabi protected
the citizens by punishing individuals participating in the blood feuds. However, many of the
citizens still wanted to take matters into their own hands.
King Hammurabi’s codified laws governed the citizens’ sexual behavior in any
relationship within the community (Mark, 2011). Additionally, the codified laws protected
property rights of its citizens (Mark, 2011). The laws protected against any positional theft that
would occur in the community. The laws also governed against acts of violence to include
murder. Hemmens, Brody, and Spohn (2013) said that “cruelty and inhuman behavior to those
accused of wrongdoing were restricted by the legal code” (Hemmens, Brody, & Spohn, 2013, p.
6).
King Hammurabi “was the oldest son of Sin Muballit” (Theodoros, 2014, para. 1).
Hammurabi was the sixth king of Babylonia (Theodoros, 2014). Hammurabi was the heir to the
throne and became king upon his father’s death in 1729 B.C. King Hammurabi did not inherit as
much power as his father and only ruled a section of Babylonia (Theodoros II, 2014). During his
reign, he engaged in a series of wars against the other kingdoms (Theodoros II, 2014).
Mesopotamia dominated King Hammurabi’s empire early in his reign. He became an
experienced fighter, and eventually destroyed most of his enemies (Souvay, 1910). By 1755
CODE OF HAMMURABI, THE IMPORTANT LAWS OF OUR TIME
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B.C., he ruled all of Mesopotamia (Mark, 2011). Toward the end of his reign, Hammurabi was
later recognized as the greatest king that Babylonia ever had (Theodoros, 2014).
Conclusion
Hammurabi became king after his father’s death and was able to accomplish a great deal
of good for his people. Although Hammurabi did not inherit quite as much power as his father,
he managed to create order and structure throughout his kingdom (Theodoros, 2014).
Hammurabi brought some order throughout his kingdom by creating 282 codes of laws (Roth,
2002). The codes were published and displayed in a public area so all of the citizens could see
them. Some of the punishments imposed were extremely harsh. For instance, if someone was
caught in a lie, then that person would have their ear cut off as their punishment. Anyone caught
cheating was sentenced to death. The philosophy, an “eye for an eye, and a tooth for a tooth” is
still included in some form of punishments for criminal wrongdoing (Mark, 2011, para. 6). Mark
(2011) said that “King Hammurabi’s law code set the standard for future codes in dealing with
the evidence of the crime and setting a specific punishment for that crime” (para. 16). By 1755
B.C., Hammurabi had control and ruled all of Mesopotamia.
CODE OF HAMMURABI, THE IMPORTANT LAWS OF OUR TIME
References
Hemmens, C., Brody, D. C., & Spohn, C. C. (2013). Criminal courts: A contemporary
perspective (2 ed.). Thousand Oaks, CA: Sage.
Mark, J. J. (2011). Hammurabi. In Ancient History Encyclopedia. Retrieved from
http://www.ancient.eu/hammurabi/.
Roth, M. T. (2002). Hammurabi’s wronged man. Journal of the American Oriental Society,
122(1), 38-45. Retrieved from
http://search.proquest.com/docview/217126742?accountid=458.
Santayana, G. (n.d.). The early middle east. Retrieved from http://www.history.org/civ/4c.asp
Souvay, C. (1910). Hammurabi. In The Catholic Encyclopedia. Retrieved from
http://ww.newadvent.org/cathen/07125a.htm
Theodoros, II (2014). The King’s Law-The code of Hammurabi. Retrieved from
http://www.todayifoundout.com/index.php/2014/05/kings-law-code-hammurabi
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