Compare And Contrast The Law Code Of Hammurabi

HIST 1111 – 71326 – Fall2014

Mid-Term Exam

Ancient civilizations offer insights about their respective societies through various ways. One if those ways can be seen through the law codes of the society. The Code of Hammurabi, The Torah: Laws, and the Twelve Tables were the law codes of the Babylonian law code of ancient Mesopotamia, the Hebrews, and the Romans, respectively. These documents were written for their respective civilization and was publicly displayed. Although these law codes span from 1754 BC to 449 BC, these three law codes offer insights about the similarities and differences of each civilizations. From these documents, one can reflect and determine many things about religion, social class, the legal proceedings, and family

relationships of each society.
First, by inspecting the laws of each civilizations, one is able to see how, if any, religion plays a role into the law codes.

In the Code of Hammurabi, no laws about religion is mentioned. The same is true in the Twelve Tables, commissioned by the Roman magistrates. The Code of Hammurabi was composed by Hammurabi, the sixth Babylonian king, to “attain appropriate behavior” and for the “well-being of the people” (Brophy, et. al., 25). However, religion is the basis for The Torah. It was written to rule the relationship the Hebrew had with God and the behavior they exhibit among one another (Brophy, et. al., 64). The exclusion of religion in the law codes of ancient Mesopotamia and Romans does not mean those civilizations did not value religion. The Torah was written for the early Jewish people, those chosen by

God.
Second, evidence of social status is evident in the law codes. The Code of Hammurabi makes the distinction between an awïlu and commoner (Brophy, et. al., 28). Punishments between an awïlu and a commoner also displays a differing social class. “If an awïlu should break the bone of another awïlu, they shall break his bone” (Brophy, et. al., 28). However, if an awïlu should “break the bone of a commoner, he shall weigh and deliver 60 shekels of silver” (Brophy, et. al., 28). The implication of these laws deems the commoner as lower than an awïlu because the punishments differ. Instead of breaking his bone, an awïlu had to pay. The Torah mentions something similar to what Hammurabi had. If a bull kills someone, the owner of the bull and the bull “must be put to death by stoning. However you may save your own life by paying whatever fine is demanded” (Brophy, et. al., 66). Although, if a slave is killed by the bull, the owner does not pay for it with his own life. He only has to pay the slave owner for the loss of the slave ((Brophy, et. al., 66). In the Roman’s Twelve Tables, a supplementary law was put in place that prohibits intermarriage between patricians and plebeians ((Brophy, et. al., 161). In this context, patricians were among the upper class while the plebeians were the lower class. These laws from the three civilizations demonstrates that social classes play a role in each societies.
The legal proceedings of each civilization are evident in each of the law codes. In the Code of Hammurabi and The Torah, providing false testimony is something that was not tolerated. In Hammurabi’s Code, the third law states that “if a man comes forward to give false testimony in a case but cannot bring evidence for his accusation, if that case involves a capital offense, that man shall be killed” (Brophy, et. al., 25). However in The Torah, it only mentions that one does not “spread harmful rumors or help a criminal by giving false evidence” (Brophy, et. al., 67). Even though The Torah does not mention any punishment for giving false evidence, it was important enough to be mentioned in the document. For the Roman people, the very first table of the Twelve Tables lays out the rules that must be adhered to for a trial. In Table VIII, it also mentions the penalty for bearing false witness. “A person who has been found guilty of giving false witness shall be hurled down from the Tarpeian Rock” (Brophy, et. al., 160). These law codes from the different societies show that they valued truth and if one does not provide truthful testimony, one will be punished accordingly.
Lastly, these documents show a glimpse of how each civilization viewed the dynamic between family relationships.

In ancient Mesopotamia, women were seen as properties that can be used to pay off debt for three years and marriage was understood as a contract (Brophy, et. al., 26). Inheritance in ancient Mesopotamia can be left to the wife if there is a document after his death leaving property to the wife and the children cannot make a claim against it ((Brophy, et. al., 27). In The Torah, family was respected. It mentions, not once, but twice, that cursing your father or mother results in death ((Brophy, et. al., 66-67). In the Twelve Tables, inheritance is also mentioned. However it is for the validity of the inheritance. In Table IV, it mentions that “a child born ten months after the father’s death will not be admitted into legal inheritance” (Brophy, et. al., 158). These law codes allow readers to view some of the family dynamic the three civilization

esteemed.
Why do laws exist? Law exists for the people. In order for a society to grow, law must grow with it. In the three primary sources, the Code of Hammurabi, The Torah: Laws, and the Twelve Tables, the different sets of laws of these societies are reflected in these documents. These law codes shared some similarities and differences. From the retributional nature of Hammurabi’s Code to the biblical laws of The Torah to the organized laws of the Roman’s Twelve Tables, each society incorporated what uniquely made them a civilization.