What Do Mesopotamian Laws Tell Us About Family and Gender Relations

Learning Objective

• Describe the significance of Hammurabi's code

Cardinal Points

• The Code of Hammurabi is one of the oldest deciphered writings of length in the globe (written c. 1754 BCE), and features a code of law from ancient Babylon in Mesopotamia.
• The Code consisted of 282 laws, with punishments that varied based on social status (slaves, free men, and property owners).
• Some have seen the Lawmaking as an early on course of constitutional regime, as an early form of the presumption of innocence, and as the ability to present testify in one's case.
• Major laws covered in the Lawmaking include slander, trade, slavery, the duties of workers, theft, liability, and divorce. Nearly half of the code focused on contracts, and a third on household relationships.
• At that place were three social classes: the amelu (the elite), the mushkenu (free men) and ardu (slave).
• Women had limited rights, and were more often than not based around marriage contracts and divorce rights.

Terms

cuneiform

Wedge-shaped characters used in the ancient writing systems of Mesopotamia, impressed on clay tablets.

ardu

In Babylon, a slave.

mushkenu

In Babylon, a free man who was probably landless.

amelu

In Babylon, an elite social class of people.

stele

A stone or wooden slab, generally taller than it is wide, erected as a monument.

The Code of Hammurabi is i of the oldest deciphered writings of length in the world, and features a code of law from ancient Babylon in Mesopotamia. Written in about 1754 BCE by the sixth king of Babylon, Hammurabi, the Lawmaking was written on stone stele and clay tablets. Information technology consisted of 282 laws, with punishments that varied based on social status (slaves,  free men, and belongings owners). It is virtually famous for the "an eye for an eye, a tooth for a tooth" (lex talionis) grade of punishment. Other forms of codes of law had been in being in the region around this time, including the Code of Ur-Nammu, king of Ur (c. 2050 BCE), the Laws of Eshnunna (c. 1930 BCE) and the codex of Lipit-Ishtar of Isin (c. 1870 BCE).

The laws were arranged in groups, so that citizens could easily read what was required of them. Some take seen the Lawmaking as an early form of constitutional government, and equally an early class of the presumption of innocence, and the ability to nowadays evidence in ane's example. Intent was often recognized and affected punishment, with neglect severely punished. Some of the provisions may take been codification of Hammurabi'southward decisions, for the purpose of self-glorification. Nevertheless, the Code was studied, copied, and used every bit a model for legal reasoning for at least 1500 years afterwards.

The prologue of the Code features Hammurabi stating that he wants "to make justice visible in the land, to destroy the wicked person and the evil-doer, that the strong might not injure the weak." Major laws covered in the Lawmaking include slander, trade, slavery, the duties of workers, theft, liability, and divorce. Nearly half of the code focused on contracts, such every bit wages to be paid, terms of transactions, and liability in case of property damage. A tertiary of the lawmaking focused on household and family issues, including inheritance, divorce, paternity and sexual behavior. One section establishes that a judge who incorrectly decides an event may be removed from his position permanently. A few sections address armed forces service.

Ane of the most well-known sections of the Code was law #196: "If a homo destroy the eye of another man, they shall destroy his centre. If 1 break a man'south 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 gold mina. If ane destroy the eye of a man'due south slave or break a bone of a man's slave he shall pay one-half his price."

The Social Classes

Under Hammurabi's reign, there were three social classes. The amelu was originally an elite person with full civil rights, whose birth, union and decease were recorded. Although he had certain privileges, he too was liable for harsher punishment and higher fines. The king and his court, high officials, professionals and craftsmen belonged to this group. The mushkenu was a free man who may accept been landless. He was required to have monetary compensation, paid smaller fines and lived in a separate section of the city. The ardu was a slave whose primary paid for his upkeep, but also took his compensation. Ardu could own property and other slaves, and could purchase his own freedom.

Women'due south Rights

Women entered into marriage through a contract arranged by her family. She came with a dowry, and the gifts given by the groom to the bride too came with her. Divorce was up to the husband, but after divorce he then had to restore the dowry and provide her with an income, and any children came under the adult female's custody. Yet, if the adult female was considered a "bad wife" she might be sent away, or made a slave in the husband'due south house. If a married woman brought action against her hubby for cruelty and fail, she could have a legal separation if the case was proved. Otherwise, she might be drowned as penalisation. Infidelity was punished with drowning of both parties, unless a husband was willing to pardon his wife.

Discovery of the Code

Archaeologists, including Egyptologist Gustave Jequier, discovered the code in 1901 at the ancient site of Susa in Khuzestan; a translation was published in 1902 by Jean-Vincent Scheil. A basalt stele containing the code in cuneiform script inscribed in the Akkadian language is currently on display in the Louvre, in Paris, France. Replicas are located at other museums throughout the world.

The Code of Hammurabi. This basalt stele has the Lawmaking of Hammurabi inscribed in cuneiform script in the Akkadian linguistic communication.

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Source: https://courses.lumenlearning.com/atd-herkimer-westerncivilization/chapter/hammurabis-code/

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