Legal Definitions - Hammurabi, Code of

The Code of Hammurabi is an ancient collection of laws from Babylonia, dating back to approximately 1754 BC. Commissioned by King Hammurabi, it is one of the earliest and most comprehensive written legal codes known to history. Carved onto a large stone pillar (stele) for public viewing, the Code established a structured system of justice and order for Babylonian society.

It covered a wide range of legal matters, including criminal offenses, family law, property rights, and commercial transactions. While famously associated with the principle of "an eye for an eye" (lex talionis), its provisions were much broader and often varied punishments based on social status, aiming to create a stable and predictable legal framework for the kingdom.

Here are some examples illustrating the application of the Code of Hammurabi:

• Example 1: Professional Accountability in Construction

  Imagine a Babylonian builder constructs a house that, due to poor workmanship, collapses and injures the homeowner. Under the Code of Hammurabi, there were specific laws addressing professional negligence. For instance, if a builder constructed a house that collapsed and killed the owner, the builder could face execution. If it merely injured the owner, the builder might be required to pay damages or rebuild the house at their own expense. This example demonstrates how the Code established accountability for professionals and sought to protect citizens from harm caused by negligence, setting early standards for quality and responsibility.

• Example 2: Family Law and Inheritance Rights

  Consider a scenario where a Babylonian man dies, leaving behind a wife and children, as well as some property. The Code of Hammurabi included detailed provisions for inheritance, outlining how property should be divided among heirs, the rights of widows, and the status of children. For example, it specified that a widow could retain her dowry and might have rights to her husband's property for her sustenance, and that sons would inherit equally. This shows the Code's role in regulating family structure, property transfer, and ensuring social stability across generations by clearly defining familial rights and obligations.

• Example 3: Commercial Transactions and Debt Relief

  Suppose a farmer borrows silver from a merchant to buy seeds, promising to repay the loan after the harvest. However, due to an unexpected drought, the harvest fails, and the farmer cannot repay the debt. The Code of Hammurabi had extensive laws concerning debt, loans, and contracts. It included provisions for interest rates, repayment terms, and even situations where unforeseen circumstances (like a natural disaster) might affect a debtor's ability to pay. For example, it might allow for a delay in repayment or a reduction in interest in cases of crop failure, while also protecting creditors from outright default. This illustrates how the Code sought to regulate economic transactions, provide a framework for commerce, and offer some protections for both debtors and creditors in a complex agricultural economy.