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Hammurabi's code and the role of womens society
The code of hammurabi
The code of hammurabi author
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Hammurabi's Code was a collection of codes or guidelines of which the people of
Mesopotamia back during the Bronze age followed religiously. This collection of laws is most
famous for it's efficiency due to it's level of harshness and simplicity. Although there are many
laws, some very specific, within Hammurabi's Code; the main essential principle to take from it
is "an eye for an eye." This means that if a life is taken, another is taken in return. In the event of
theft, the thief must compensate for what he took and more. Even though this may seem like a
barbaric way of handling heinous acts to modern society, the truth of the matter is that it was
effective. The people that lived during the Bronze age were people of a simpler
…show more content…
For fear of having their hands cut off from
a surgery gone astray, the physicians are now less prone to make mistakes by making sure
everyone during the operation goes correct. Imagine today's society adopting the main principle
of Hammurabi's Code. There would be a lot less repeated offenses and accidents.
The 10th law of the code states that “If the purchaser does not bring the merchant and the
witnesses before whom he bought the article, but its owner bring witnesses who identify it, then
the buyer is the thief and shall be put to death, and the owner receives the lost article.” This law
refers mainly to theft. If someone is accused of stealing an item and convicted, their punishment
is death and the owner is then awarded the item that was stolen from him or her. If today’s
society is able to adopt this doctrine, the sheer numbers of robbery and theft would go down
drastically. The reason those crimes are so often repeated today is because the punishment is not
adequate enough to fit the crime. If a thief is convicted of stealing, what is to stop him from
doing it again besides a few days in jail and a fine?
Consequently, today's society is too complex to be able to adopt Hammurabi's Code.
First, when a creditor (ICE) extends credit to a debtor (Top Quality) and takes a security interest in some property of the debtor, Top Qualities inventory in this case, it is called a secured transaction. The inventory is then considered collateral for the financing that ICE provided for Top Quality, which was made clear in the financing statement that ICE filed. Any secured transactions where personal property is used as collateral is governed by Article 9 of the Uniform Commercial Code. The UCC was revised in 2001 to better adhere to modern times, and since this case took place from 2007 to 2009, we will be applying the revised edition. There are many sections of Article 9 that should be considered when examining this case. First, the filing of a financing statement, form UCC-1 in Article 9, should be confirmed as filed with the appropriate state office. Once this has been done, confirming the attachment of Top Quality’s inventory to ICE, we can then look to confirm that the initial sale to Chrisman was paid in full to Top Quality, which it was. If this were not the case, ICE would be entitled to the remaining sale proceeds. Now we move on to the requirements of a buyer in the ordinary course of business, per Article 9 of the UCC. According the textbook, “A buyer in the ordinary course of business who purchases goods from a merchant takes the goods free of any perfected or unperfected security interest in the merchant’s inventory, even if the buyer knows of the existence of the security interest” (Cheeseman). The textbook then continues to explain that this rule is necessary because buyers would be reluctant to purchase goods if the merchant creditors could recover the goods if the merchant defaulted on the loans owed to secured creditors. These statements come from the Revised Article 9, section 320(a). This is based on the idea that the buyer purchases in good faith, meaning that they are
In order to be charged under s. 163 of the criminal code, the materials sold,
Hammurabi’s code was a just law system that used the influence of gods and harsh punishments to scare people away from crime to maintain the order of his society. Hammurabi was an 18th century BCE king in Babylonia, in addition to his big title he was famous for the creation of a 282 law code. His laws were very exact in that there was a law for any situation. These laws are famous for the harsh punishments Hammurabi allotted for crimes committed by people living under his rule. The question asked when looking at his laws are were they just? But if you look at the categories of family, property and injury it is clear that they are.
When the rich man dies, his possessions are removed, which in his folly he thought himself master. His treasures will be divided up and auctioned off to the highest bidder, like a common street commodity. What took a small fortune and lifetime to accumulate, in a short afternoon, the auctioneer will disperse
...rt and Kugler, Matthew, ‘Community Perceptions of Theft Seriousness: A Challenge to Model Penal Code and English Theft Act Consolidation’ (2010) 7(3) Journal of Empirical Legal Studies 511
Additionally, registration papers were not to be released until Herring paid in full. These provisions gave the Bowmans the ability to recover the horse in case of default on the payments. Thus providing a security interest for the seller until there was no risk of loss. Even though Herring was not in full possession of the horse, the provisions established that Herring owned the horse.
The form of the Code of Hammurabi is significant in the way that it is written. The simple language used to write the Code allowed the average member of Babylonian society to understand the expectations placed on them. Each of 282 laws was written separately with specific examples of indiscretions that were illegal, and the precise form of punishment that would occur. The Code also sets guidelines for the fees that were paid to doctors, veterinarians, shipbuilders, ferryboat operators, and to the owners of rented livestock.
Punishment, when speaking on serious terms, is socially valuable because it deters criminals from repeating their crimes and may keep others from repeating the same acts. If in fact the deterring effect misses its point, it is the fault of the justice system the all the red tape found behind it. At its current standing, the system is viewed as a joke because no authority is taken, no one believes, let alone fears, the system. Both the lengthy time and the high expense result from innumerable appeals, including many technicalities which have little nothing to do with the question of guilt or innocence. If these wasteless amount of appeals were eliminated or at least controlled, then the procedure would be much shorter, less expensive and more
The “Code of Hammurabi” is considered to be one of the most valuable finds of human existence. In fact its very existence created the basis for the justice system we have come to rely on today. The creation of “the Code” was a tremendous achievement for not only Babylonian society but for the entire Mesopotamian region as King Hammurabi was ruler over all of that area. Its conception can be considered to be the first culmination of the laws of different regions into a single, logical text. Hammurabi wanted to be an efficient ruler and realized that this could be achieved through the use of a common set of laws which applied to all territories and all citizens who fell under his rule. This paper will discuss the Hammurabi Code and the implications it had after its inception.
Economics can have controversial ideas, and this can be expressed in terms of crime. Economic theory would suggest that there is an ‘optimal level of crime’. As Stigler (1970) argues, ‘there is one decisive reason why society must forego ‘complete’ enforcement of the rule: enforcement is costly.’ The extent of enforcement of laws depends upon the amount of resources devoted to the task. Stigler goes on to argue that society could make certain crime does not pay by paying enough to apprehend most criminals, but such a level of enforcement would of course be expensive.
The Looting Machine has detailed cases and stories. It is evident that this book was well-researched and Tom Burgis was dedicated to getting information and persistent in his search, even when he ran into unanswered questions and emails. Such persistence is shown when Burgis visited Sino Zim’s office to find Masimba Ignatius Kamba, or when he went to 88 Queensway in order to find CIF’s office. He was turned away by receptionists multiple times, but eventually got ahold of Sam Pa’s personal information (Burgis,
...useless car to a junk yard to recover some loss, but the difference of the re-sale of the junk-car would be a significant loss. Though there were no adequate assurances to the contract, anticipatory repudiation is the only probable remedy for Jack. However, the outcome would weigh on the predominant factor test, which is met because Tom is covered as a merchant because he is operating in his usual daily business, and Jack is the buyer. The sole purpose of the contract was for Tom to sell Jack a car, and for Jack to buy a car from Tom. The UCC, though less stringent than the statute of frauds, does effectively regulate commercial transfers allowing the free market to operate without diminishing the integrity of trade.
right to it as the thief himself. If the stolen goods are no longer in his possession, their
Lee Dionne, (2008). Journal of Criminal Law and Criminology: Let the Punishment Fit the Crime, vol. 99. Retrieved from: 3dhttp://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7318&context=jclc.
who it is that has stolen his money, and means to get it back, and has