Hammurabi's Influence: Establishing Laws in Ancient Babylon

Catherine Hackett – Classical Mediterranean History A

Hammurabi essay

With sophisticated civilizations growing rapidly, and the trade of writing becoming more and more common, there was great need for a set of rules in societies. People needed to be protected, and so Hammurabi, the leader of Ancient Babylon from 1792-1750 BCE, decided to create a law code for the land. He tried creating laws that would protect the weaker groups, and to help their society to grow stronger over time. For thousands of years before, civilization had been a lawless thing, in which there were no written rules, resulting in a large amount of adversities. Hammurabi’s purpose was to help his city become less barbaric, and become more powerful as a community. The

intent of the Code of Hammurabi was to protect the weak from the strong, making it extremely progressive for its time with justice and stability for previously looked down upon groups, including women, children and lower classes.
The code of Hammurabi changed the way women used to be treated, and gave them a small assortment of rights that were not given prior to the implementation of the laws. For hundreds of years before the code, women in many societies were treated with very little respect, and were given few rights. Hammurabi changes that in small ways throughout his law code. In law 137, it states, “If a man has decided to divorce… he shall give back to that women her dowry… use of the field, garden and property… she may marry the husband of her heart.”[1] This shows that not only were women able to re-marry, but that the divorce process, in theory, was relatively just between a man and woman. Women also had the ability to request a divorce from her husband and, as stated in law 142, “If a woman hates her husband…dislike shall be inquired into…is she is careful, and has no fault…she shall take her dowry and go back to her father’s house.”[2] Of course, while this does require fairly extreme conditions for it to be approved, the fact that this rule was even thought of in that time is an impressive leap for women’s rights. In rule 148, Hammurabi says, “If a man has married a wife, and sickness has seized her…he may marry {another}; but…he shall support her while she lives.”[3] This makes it so that no woman can be left alone to die if even if her husband chooses to remarry. Before the code of Hammurabi, women had an extremely small selection of rights and protection, but with it, they were sheltered from some of the biggest injustices in their society.
The code of Hammurabi tried to make society more livable for those with minimal power in their families by lessening certain punishments for those who could not afford them. The differences between peasants and royalty was a drastic one in Ancient Babylon, meaning that some laws could not apply to the many classes with simply one price to pay. In law 117, it states that, “If a man has… given his wife, his son, his daughter for silver or labor, three years they shall serve… in the fourth year they shall regain their original condition.”[4] This is, although barbaric in our eyes, a very progressive step towards giving rights to those who previously had very few. There were also many laws which asked for gold or silver in return for the damage one had caused, but due to the vast economic differences between classes, they had secondary laws with many of these that added, “If he is a peasant, he shall give her one third a mina of silver.”[5] (This was in relation to a previous law which stated that when a (richer) man divorced his spouse, he would have to return to her her bride price as well as her dowry.) This shows how even peasants were protected under the law in some way, as well as divorced women. Law 218 shows how the weak were protected – literally – by saying, “If a physician has treated a man… and has caused that man to die… his hands shall be cut off.”[6] While harsh, this law promotes fair and equal service of the sick or weak. The law code, although it can sometimes seem harsh, is needed to ensure the fair treatment of all classes in their expansive civilization.
Hammurabi’s code gives some protection to the children, and limits their parents’ ability to entirely command their lives. The dynamics between children and their parents in Ancient Babylon were strict and controlling. Children, especially the males, were handed a great deal of responsibility from a young age, and needed protection under the law. Law 29 says, “If a son is under age, and unable to administer his {deceased} father’s affairs… shall be given to his mother, and {she} shall bring him up.”[7] This makes sure that the sons are old and responsible enough to be given the authority to own and administer land. Law 117 states that, “If a man has contracted debt, and has given his wife, his son or his daughter for silver or labor… three years they shall serve… in the fourth year they shall regain their original condition.”[8] This law makes it so that children cannot be separated completely from their family, even in such radical situations as slavery. In law 168, it is said that, “if a man has decided to disinherit his son… the judge shall look into his reasons. If the son has not been guilty of a serious offense… his father shall not disown him.”[9] By adding this layer of defense, fathers no longer had absolute controlling power over their sons’ lives. These many laws made it so no man was able to overpower his son or daughter entirely, yet still kept enough capabilities for them to be dominant over their children.
This law code was necessary and effective in keeping stability and peace within Ancient Babylon, and as one of the first civilizations to have laws, it was extremely progressive.

It encompassed a vast amount of subjects, people and classes, and made sure everyone was relatively safe and equal. The code allowed for justice to be promoted throughout Hammurabi’s rule, and although it used many harsh punishments as solutions, it was the ancient equivalent of the justice system we have today. It gave a sense of direction and advocated for people to be more loyal, for example, in law 22 Hammurabi says, “If a man has perpetrated brigandage, and has been caught, that man shall be slain.”[10] Again, while this can seem overly severe to many, in that time, it was the only way to make all citizens cooperate. With rigid laws in place, Hammurabi could be certain that nobody would break them, and if they did, he was able to set an austere example for others. Another concern in Ancient Babylon was keeping a man’s children in his bloodline; making adultery an abominable crime. Law 129 clearly reminds them, and reads, “if the wife of a man is found lying with another male, they shall be bound and thrown into the water…”[11] Nearly every misdemeanor possible came with a relentless punishment, promoting peace throughout all of Babylon. Hammurabi’s Law Code was promoted justice and stability for minorities like women, children, and low classes, to an extent that seems exceptionally prodigious looking back on it from modern times.

[1] The Search for Justice in Mesopotamia: The judgments of Hammurabi in The Human Record: Sources of Global History, Volume I to 1700, ed. Alfred J. Andrea and James H. Overfield (Boston: Houghton Mifflin, 2009), 15.

[2] Ibid.

[3] Ibid.

[4] Ibid.

[5] Ibid.

[6] Ibid.,16

[7] Ibid.,14

[8] Ibid.

[9]

Ibid.,16
[10] Ibid.,14
[11] Ibid.