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imported>Ploversegg Undid revision 1301655358 by Peachykiwimon (talk)rv politics |
imported>Zictor23 Corrected a wording error. |
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{{Use dmy dates|date=April 2024}} | {{Use dmy dates|date=April 2024}} | ||
{{Infobox document | {{Infobox document | ||
| document_name = | | document_name = Hammurabi's code | ||
| image = P1050763 Louvre code Hammurabi face rwk.JPG | | image = P1050763 Louvre code Hammurabi face rwk.JPG | ||
| image_size = | | image_size = | ||
| image_alt = Photograph. The stele of the Code of Hammurabi in the Louvre Museum in Paris | | image_alt = Photograph. The stele of the Code of Hammurabi in the Louvre Museum in Paris. | ||
| caption = The Louvre stele | | caption = The Louvre stele | ||
| image2 = | | image2 = | ||
| Line 11: | Line 11: | ||
| image2_alt = | | image2_alt = | ||
| caption2 = | | caption2 = | ||
| date_created = {{circa}} | | date_created = {{circa|1753 BC}} | ||
| date_presented = | | date_presented = | ||
| date_ratified = | | date_ratified = | ||
| date_effective = | | date_effective = | ||
| date_repeal = | | date_repeal = | ||
| location_of_document = {{ubl| | | location_of_document = {{ubl|[[Louvre Museum]], [[Ile-de-France]], France (originally [[Sippar]], [[Mesopotamia]] | ||
( | (now [[Iraq]]), found at [[Susa]], Iran)|Replicas: various}} | ||
| commissioned = | | commissioned = | ||
| writer = | | writer = [[Hammurabi]] | ||
| signers = | | signers = | ||
| media_type = [[Basalt]] [[stele]]<ref>{{cite book |last1=Sasson |first1=Jack |title=Civilizations of the Ancient Near East |publisher=Hendrickson |isbn=0684192799 |pages=901, 908}}</ref><ref>{{cite book |last1=Ross |first1=Leslie |title=Art and Architecture of the World's Religions |publisher=Greenwood Press |pages=35}}</ref> | | media_type = [[Basalt]] [[stele]]<ref>{{cite book |last1=Sasson |first1=Jack |title=Civilizations of the Ancient Near East |publisher=Hendrickson |isbn=0684192799 |pages=901, 908}}</ref><ref>{{cite book |last1=Ross |first1=Leslie |title=Art and Architecture of the World's Religions |publisher=Greenwood Press |pages=35}}</ref> | ||
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| wikisource = Code of Hammurabi | | wikisource = Code of Hammurabi | ||
}} | }} | ||
The '''Code of Hammurabi''' is a [[Babylon]]ian legal text composed | The '''Code of Hammurabi''' is a [[Babylon]]ian legal text composed {{Circa}} 1753 BC. It is the longest, best-organized, and best-preserved legal text from the [[ancient Near East]]. It is written in the Old Babylonian dialect of [[Akkadian language|Akkadian]], purportedly by [[Hammurabi]], sixth king of the [[First Dynasty of Babylon]]. The primary copy of the text is inscribed on a [[basalt]] [[stele]] {{height|m=2.25}} tall. | ||
The stele was rediscovered in 1901 at the site of [[Susa]] in present-day Iran, where it had been taken as plunder | The stele was rediscovered in 1901 at the site of [[Susa]] in present-day [[Iran]], where it had been taken as plunder 600 years after its creation. The text itself was copied and studied by [[Mesopotamia|Mesopotamian]] scribes for over a millennium. The stele now resides in the [[Louvre Museum]]. | ||
The top of the stele features an image in [[bas-relief|relief]] of Hammurabi with [[Shamash]], the Babylonian [[sun god]] and god of justice. Below the relief are about 4,130 lines of [[cuneiform]] text: one fifth contains a prologue and epilogue in poetic style, while the remaining four fifths contain what are generally called the laws. In the prologue, Hammurabi claims to have been granted his rule by the gods "to prevent the strong from oppressing the weak". The laws are [[casuistic]], expressed as "if{{nbsp}}... then" [[conditional sentences]]. Their scope is broad, including, for example, [[criminal law]], [[family law]], [[property law]], and [[commercial law]]. | The top of the stele features an image in [[bas-relief|relief]] of Hammurabi with [[Shamash]], the Babylonian [[sun god]] and god of justice. Below the relief are about 4,130 lines of [[cuneiform]] text: one fifth contains a prologue and epilogue in poetic style, while the remaining four fifths contain what are generally called the "laws". In the prologue, Hammurabi claims to have been granted his rule by the gods "to prevent the strong from oppressing the weak". The laws are [[casuistic]], expressed as "if{{nbsp}}... then" [[conditional sentences]]. Their scope is broad, including, for example, [[criminal law]], [[family law]], [[property law]], and [[commercial law]]. | ||
Modern scholars responded to the Code with admiration at its perceived fairness and respect for the [[rule of law]], and at the complexity of Old Babylonian society. There was also much discussion of its influence on the [[Mosaic Law]]. Scholars quickly identified {{lang|la|[[lex talionis]]}}—the "eye for an eye" principle—underlying the two collections. Debate among [[Assyriologists]] has since centred around several aspects of the Code: its purpose, its underlying principles, its language, and its relation to earlier and later law collections. | Modern scholars responded to the Code with admiration at its perceived fairness and respect for the [[rule of law]], and at the complexity of Old Babylonian society. There was also much discussion of its influence on the [[Mosaic Law]]. Scholars quickly identified {{lang|la|[[lex talionis]]}}—the "eye for an eye" principle—underlying the two collections. Debate among [[Assyriologists]] has since centred around several aspects of the Code: its purpose, its underlying principles, its language, and its relation to earlier and later law collections. | ||
Despite the uncertainty surrounding these issues, Hammurabi is regarded outside Assyriology as an important figure in the history of law and the document as a true legal code. The [[U.S. Capitol]] has a relief portrait of Hammurabi alongside those of other historic lawgivers. There are replicas of the stele in numerous institutions, including the [[headquarters of the United Nations]] in [[New York City]] | Despite the uncertainty surrounding these issues, Hammurabi is regarded outside Assyriology as an important figure in the history of law and the document as a true legal code. The [[U.S. Capitol]] has a relief portrait of Hammurabi alongside those of other historic lawgivers. There are replicas of the stele in numerous institutions, including the [[headquarters of the United Nations]] in [[New York City]], the [[Pergamon Museum]] in [[Berlin]] and the University of Chicago's [[Institute for the Study of Ancient Cultures]]. | ||
{{TOC limit|3}} | {{TOC limit|3}} | ||
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===Hammurabi=== | ===Hammurabi=== | ||
[[File: Hammurabi's Babylonia 1.svg|thumb|alt=Map of Babylonian territory before and after Hammurabi's reign|[[Babylon]]ian territory before (red) and after (orange) [[Hammurabi]]'s reign]] | [[File: Hammurabi's Babylonia 1.svg|thumb|alt=Map of Babylonian territory before and after Hammurabi's reign|[[Babylon]]ian territory before (red) and after (orange) [[Hammurabi]]'s reign]] | ||
[[Hammurabi]] (or Hammurapi), the sixth king of the [[Amorite]] [[First Dynasty of Babylon]], ruled from 1792 to 1750 BC ([[middle chronology]]). He secured Babylonian dominance over the [[Mesopotamia]]n plain through military prowess, diplomacy, and treachery. When Hammurabi inherited his father [[Sin-Muballit]]'s throne,{{sfnp|Renger|2020}} [[Babylon]] held little local sway; the local hegemon was [[Rim-Sin]] of [[Larsa]]. Hammurabi waited until Rim-Sin grew old, then conquered his territory in one swift campaign, leaving his organisation intact.{{sfnp|Van De Mieroop|2007|pp=92–93}} Later, Hammurabi betrayed allies in [[Eshnunna]], [[Elam]], and [[Mari, Syria|Mari]] to gain their territories.{{sfnp|Van De Mieroop|2007|pp=100–104}} | [[Hammurabi]] (or Hammurapi), the sixth king of the [[Amorite]] [[First Dynasty of Babylon]], ruled from around 1792 to around 1750 BC ([[middle chronology]]). He secured Babylonian dominance over the [[Mesopotamia]]n plain through military prowess, diplomacy, and treachery. When Hammurabi inherited his father [[Sin-Muballit]]'s throne,{{sfnp|Renger|2020}} [[Babylon]] held little local sway; the local hegemon was [[Rim-Sin]] of [[Larsa]]. Hammurabi waited until Rim-Sin grew old, then conquered his territory in one swift campaign, leaving his organisation intact.{{sfnp|Van De Mieroop|2007|pp=92–93}} Later, Hammurabi betrayed allies in [[Eshnunna]], [[Elam]], and [[Mari, Syria|Mari]] to gain their territories.{{sfnp|Van De Mieroop|2007|pp=100–104}} | ||
Hammurabi had an aggressive foreign policy, but his letters suggest he was concerned with the welfare of his many subjects and was interested in law and justice.{{sfnmp|1a1=Driver|1a2=Miles|1y=1952|1p=52|2a1=Van De Mieroop|2y=2007|2pp=111–113}} He commissioned extensive construction works, and in his letters, he frequently presents himself as his people's shepherd.{{sfnp|Van De Mieroop|2007|pp=111–113}} Justice is also a theme of the prologue to the Code,{{sfnp|Driver|Miles|1952|p=36}} and "the word translated 'justice' [{{lang|akk|ešērum}}]... is one whose root runs through both prologue and epilogue".{{sfnp|Driver|Miles|1952|p=37}} | Hammurabi had an aggressive foreign policy, but his letters suggest he was concerned with the welfare of his many subjects and was interested in law and justice.{{sfnmp|1a1=Driver|1a2=Miles|1y=1952|1p=52|2a1=Van De Mieroop|2y=2007|2pp=111–113}} He commissioned extensive construction works, and in his letters, he frequently presents himself as his people's shepherd.{{sfnp|Van De Mieroop|2007|pp=111–113}} Justice is also a theme of the prologue to the Code,{{sfnp|Driver|Miles|1952|p=36}} and "the word translated 'justice' [{{lang|akk|ešērum}}]... is one whose root runs through both prologue and epilogue".{{sfnp|Driver|Miles|1952|p=37}} | ||
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}} | }} | ||
The first copy of the text found, and still the most complete, is on a {{height|m=2.25}} [[stele]]. The stele is now displayed on the | The first copy of the text found, and still the most complete, is on a {{height|m=2.25}} [[stele]]. The stele is now displayed on the second floor of the [[Louvre]], in Room 227 of the Richelieu wing.{{Sfnp|Louvre|n.d.}} At the top is an image of Hammurabi with [[Shamash]], the Babylonian [[sun god]] and god of justice. Below the image are about 4,130 lines of [[cuneiform]] text: One-fifth contains a prologue and epilogue, while the remaining four-fifths contain what are generally called the laws.{{sfnp|Roth|1995b|pp=15–16}} Near the bottom, seven columns of the laws, each with more than eighty lines, were polished and erased in antiquity.{{sfnp|Roth|1995a|p=74}} The stele was found in three large fragments and reconstructed.{{sfnp|Scheil|1902|p=12}} It is {{height|m=2.25}} high, with a circumference of {{height|m=1.65}} at the summit and {{height|m=1.9}} at the base.{{sfnp|Scheil|1902|p=12}} Hammurabi's image is {{height|cm=65}} high and {{height|cm=60}} wide.{{sfnp|Scheil|1902|p=12}} | ||
The Louvre stele was found at the site of the ancient Elamite city of [[Susa]]. Susa is in modern-day [[Khuzestan Province]], Iran (Persia at the time of excavation). The stele was excavated by the French Archaeological Mission under the direction of [[Jacques de Morgan]].{{sfnp|Roth|1995b|pp=23–24}} Father [[Jean-Vincent Scheil]] published the initial report in the fourth volume of the ''Reports of the Delegation to Persia'' ({{lang|fr|Mémoires de la Délégation en Perse}}). According to Scheil, the stele's fragments were found on the [[tell (archaeology)|tell]] of the Susa acropolis ({{lang|fr|l'Acropole de Suse}}), between December 1901 and January 1902.{{sfnp|Scheil|1902|p=12}} The few, large fragments made assembly easy.{{sfnp|Scheil|1902|p=12}} | The Louvre stele was found at the site of the ancient Elamite city of [[Susa]]. Susa is in modern-day [[Khuzestan Province]], Iran (Persia at the time of excavation). The stele was excavated by the French Archaeological Mission under the direction of [[Jacques de Morgan]].{{sfnp|Roth|1995b|pp=23–24}} Father [[Jean-Vincent Scheil]] published the initial report in the fourth volume of the ''Reports of the Delegation to Persia'' ({{lang|fr|Mémoires de la Délégation en Perse}}). According to Scheil, the stele's fragments were found on the [[tell (archaeology)|tell]] of the Susa acropolis ({{lang|fr|l'Acropole de Suse}}), between December 1901 and January 1902.{{sfnp|Scheil|1902|p=12}} The few, large fragments made assembly easy.{{sfnp|Scheil|1902|p=12}} | ||
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===Other copies=== | ===Other copies=== | ||
Fragments of a second and possibly third stele recording the Code were found along with the Louvre stele at Susa.{{sfnp|Roth|1995a|p=73}} Over | Fragments of a second and possibly third stele recording the Code were found along with the Louvre stele at Susa.{{sfnp|Roth|1995a|p=73}} Over 50 manuscripts containing the laws are known. They were found not only in Susa but also in Babylon, [[Nineveh]], [[Assur]], [[Borsippa]], [[Nippur]], [[Sippar]], Ur, Larsa, and more.{{sfnp|Roth|1995b|p=20}} Copies were created during Hammurabi's reign, and also after it, since the text became a part of the scribal curriculum.{{sfnmp|1a1=Driver|1a2=Miles|1y=1952|1pp=25–56|2a1=Van De Mieroop|2y=2016|2p=145}} Copies have been found dating from 1,000 years after the stele's creation,{{sfnp|Roth|1995a|p=74}} and a catalog from [[Library of Ashurbanipal|the library]] of [[Neo-Assyrian Empire|Neo-Assyrian]] king [[Ashurbanipal]] lists a copy of the "judgments of Hammurabi".{{sfnp|Van De Mieroop|2016|p=147}} The additional copies fill in most of the stele's original text, including much of the erased section.{{sfnp|Roth|1995a|p=74}} | ||
==Early scholarship== | ==Early scholarship== | ||
[[File:Cours de M. le professeur Scheil (Assyriologie), la Sorbonne, École des hautes études.jpg|thumb|alt=Photograph of Jean-Vincent Scheil at a desk with piles of books and paper|[[ | [[File:Cours de M. le professeur Scheil (Assyriologie), la Sorbonne, École des hautes études.jpg|thumb|alt=Photograph of Jean-Vincent Scheil at a desk with piles of books and paper|Father [[Jean-Vincent Scheil]], first modern editor of the Code]] | ||
The {{lang|la|editio princeps}} of the Code was published by Father Jean-Vincent Scheil in 1902,{{sfnp|Souvay|1910}} in the fourth volume of the ''Reports of the Delegation to Persia'' ({{lang|fr|Mémoires de la Délégation en Perse}}). After a brief introduction with details of the excavation,{{sfnp|Scheil|1902|pp=11–12}} Scheil gave a transliteration and a free translation into French,{{sfnp|Scheil|1902|pp=13–162}} as well as a selection of images.{{sfnp|Scheil|1902|loc=plates 3–15}} Editions in other languages soon followed: in German by [[Hugo Winckler]] in 1902,{{sfnp|Winckler|1902}} in English by [[Claude Hermann Walter Johns| | The {{lang|la|editio princeps}} of the Code was published by Father Jean-Vincent Scheil in 1902,{{sfnp|Souvay|1910}} in the fourth volume of the ''Reports of the Delegation to Persia'' ({{lang|fr|Mémoires de la Délégation en Perse}}). After a brief introduction with details of the excavation,{{sfnp|Scheil|1902|pp=11–12}} Scheil gave a transliteration and a free translation into French,{{sfnp|Scheil|1902|pp=13–162}} as well as a selection of images.{{sfnp|Scheil|1902|loc=plates 3–15}} Editions in other languages soon followed: in German by [[Hugo Winckler]] in 1902,{{sfnp|Winckler|1902}} in English by [[Claude Hermann Walter Johns|Claude Johns]] in 1903,{{sfnp|Johns|1903a}} and in Italian by Pietro Bonfante, also in 1903.{{sfnp|Bonfante|1903}} | ||
The Code was thought to be the earliest Mesopotamian law collection when it was rediscovered in 1902—for example, | The Code was thought to be the earliest Mesopotamian law collection when it was rediscovered in 1902—for example, Claude Johns' 1903 book was titled ''The Oldest Code of Laws in the World''.{{sfnp|Johns|1903a}} The English writer [[H. G. Wells]] included Hammurabi in the first volume of ''[[The Outline of History]]'', and to Wells too the Code was "the earliest known code of law".{{sfnp|Wells|1920|p=245}} However, three earlier collections were rediscovered afterwards: the Code of Lipit-Ishtar in 1947, the Laws of Eshnunna in 1948, and the Code of Ur-Nammu in 1952.{{sfnp|Kramer|1988|pp=51–52}} Early commentators dated Hammurabi and the stele to the 23rd century BC.{{sfnmp|1a1=Johns|1y=1903b|1p=257|2a1=Harper|2y=1904|2loc=the title|3a1=Equitable Trust Company|3y=1910|3loc=the title}} However, this is an earlier estimate than even the "[[middle chronology|ultra-long chronology]]" would support. The Code was compiled near the end of Hammurabi's reign.{{sfnmp|1a1=Driver|1a2=Miles|1y=1952|1p=34ff.|2a1=Roth|2y=1995a|2p=71}} This was deduced partly from the list of his achievements in the prologue.{{sfnp|Finkelstein|1961|p=101}} | ||
Scheil enthused about the stele's importance and perceived fairness, calling it "a moral and political masterpiece".{{sfnp|Scheil|1902|p=12}} | Scheil enthused about the stele's importance and perceived fairness, calling it "a moral and political masterpiece".{{sfnp|Scheil|1902|p=12}} Claude Johns called it "one of the most important monuments in the history of the human race".{{sfnp|Johns|1903a|p=v}} He remarked that "there are many humanitarian clauses and much protection is given the weak and the helpless",{{sfnp|Johns|1904|p=68}} and even lauded a "wonderful modernity of spirit".{{sfnp|Johns|1903b|p=258}} [[John Dyneley Prince]] called the Code's rediscovery "the most important event which has taken place in the development of Assyriological science since the days of [[Henry Creswicke Rawlinson|Rawlinson]] and [[Austen Henry Layard|Layard]]".{{sfnp|Prince|1904|p=601}} [[Charles Francis Horne]] commended the "wise law-giver" and his "celebrated code".{{sfnp|Horne|1915}} [[James Henry Breasted]] noted the Code's "justice to the widow, the orphan, and the poor", but remarked that it "also allows many of the old and naïve ideas of justice to stand".{{sfnp|Breasted|1916|p=131}} Commentators praised the advanced society they believed the Code evinced.{{sfnmp|1a1=Johns|1y=1903b|1p=257|2a1=Souvay|2y=1910|3a1=Everts|3y=1920|3p=45}} Several singled out perceived [[secularism]]: Owen Jenkins,{{sfnp|Jenkins|1905|p=335}} for example, but even Charles Souvay for the ''[[Catholic Encyclopedia]]'', who opined that unlike the [[Mosaic Law]] the Code was "founded upon the dictates of reason".{{sfnp|Souvay|1910}} The question of the Code's influence on the Mosaic Law received much early attention.{{sfnmp|1a1=Sampey|1y=1904a|2a1=Sampey|2y=1904b|3a1=Davies|3y=1905|4a1=Johns|4y=1914|5a1=Everts|5y=1920|6a1=Edwards|6y=1921}} Scholars also identified Hammurabi with the Biblical figure [[Amraphel]],{{sfnmp|1a1=Johns|1y=1903a|1pp=v–vi|2a1=Prince|2y=1904|2pp=601–602|3a1=Souvay|3y=1910}} but this proposal has since been abandoned.{{sfnp|North|1993|p=5}} | ||
==Frame== | ==Frame== | ||
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*hire of seasonal labourers (273) | *hire of seasonal labourers (273) | ||
}} | }} | ||
| If an ox gores to death a man while it is passing through the streets, there is no legal basis for claims | | If an ox gores to death a man while it is passing through the streets, there is no legal basis for claims. (250){{sfnp|Roth|1995a|p=128}} | ||
. (250){{sfnp|Roth|1995a|p=128}} | |||
| {{lang|akk|šumma alpum sūqam ina alākišu awīlam ikkip-ma uštamīt dīnum šū rugummâm ul išu}} (250) | | {{lang|akk|šumma alpum sūqam ina alākišu awīlam ikkip-ma uštamīt dīnum šū rugummâm ul išu}} (250) | ||
|- | |- | ||
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| image1 = Mosaic of Justinianus I - Basilica San Vitale (Ravenna).jpg | | image1 = Mosaic of Justinianus I - Basilica San Vitale (Ravenna).jpg | ||
| alt1 = Mosaic of Justinian I | | alt1 = Mosaic of Justinian I | ||
| image2 = Napoleon | | image2 = The Emperor Napoleon in His Study at the Tuileries, by Jacques-Louis David (1812) - National Gallery of Art (Samuel H. Kress Foundation) - 2.jpg | ||
| alt2 = Painting of Napoleon Bonaparte in His Study at the Tuileries | | alt2 = Painting of Napoleon Bonaparte in His Study at the Tuileries | ||
| footer = [[Justinian I]] of the [[Byzantine Empire]] ( | | footer = [[Justinian I]] of the [[Byzantine Empire]] (left) and [[Napoléon Bonaparte]] of France (right) both created legal codes to which the Louvre stele has been compared | ||
}} | }} | ||
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===Law report=== | ===Law report=== | ||
[[File:Library of Ashurbanipal.jpg|thumb|alt=Photograph. Refer to caption|A [[British Museum]] display of tablets from the [[Library of Ashurbanipal]]. The Library lists a copy of the "judgments of Hammurabi" over a millennium after Hammurabi's death | [[File:Library of Ashurbanipal.jpg|thumb|alt=Photograph. Refer to caption|A [[British Museum]] display of tablets from the [[Library of Ashurbanipal]]. The Library lists a copy of the "judgments of Hammurabi" over a millennium after Hammurabi's death]] | ||
A second theory is that the Code is a sort of law report, and as such contains records of past cases and judgments, albeit phrased abstractly. This would provide one explanation for the casuistic format of the "laws"; indeed, [[Jean Bottéro]] believed he had found a record of a case that inspired one.{{sfnp|Bottéro|1992|pp=171–172}} However, such finds are inconclusive and very rare, despite the scale of the Mesopotamian legal corpus.{{sfnp|Bottéro|1992|pp=163–164}} Furthermore, legal judgments were frequently recorded in Mesopotamia, and they recount the facts of the case without generalising them.{{sfnmp|1a1=Roth|1y=2001|2a1=Klein|2y=2007}} These judgments were concerned almost exclusively with points of fact, prompting Martha Roth to comment: "I know of only one case out of thousands extant that might be said to revolve around a point of law".{{sfnp|Roth|2001|p=255}} | A second theory is that the Code is a sort of law report, and as such contains records of past cases and judgments, albeit phrased abstractly. This would provide one explanation for the casuistic format of the "laws"; indeed, [[Jean Bottéro]] believed he had found a record of a case that inspired one.{{sfnp|Bottéro|1992|pp=171–172}} However, such finds are inconclusive and very rare, despite the scale of the Mesopotamian legal corpus.{{sfnp|Bottéro|1992|pp=163–164}} Furthermore, legal judgments were frequently recorded in Mesopotamia, and they recount the facts of the case without generalising them.{{sfnmp|1a1=Roth|1y=2001|2a1=Klein|2y=2007}} These judgments were concerned almost exclusively with points of fact, prompting Martha Roth to comment: "I know of only one case out of thousands extant that might be said to revolve around a point of law".{{sfnp|Roth|2001|p=255}} | ||
===Jurisprudence=== | ===Jurisprudence=== | ||
A third theory, which has gained traction within Assyriology, is that the Code is not a true code but an abstract treatise on how judgments should be formulated. This led Fritz Rudolf Kraus, in an early formulation of the theory, to call it jurisprudence ({{lang|de|Rechtssprüche}}).{{sfnp|Kraus|1960|p=288}} Kraus proposed that it was a work of Mesopotamian scholarship in the same category as omen collections like {{lang|akk|[[šumma ālu]]}} and {{lang|akk|ana ittišu}}.{{sfnp|Kraus|1960|p=288}} Others have provided their own versions of this theory.{{sfnmp|1a1=Saggs|1y=1965|1pp=80ff.|2a1=Oppenheim|2y=1977|2p=287|3a1=Bottéro|3y=1992|3pp=166–167|4a1=Van De Mieroop|4y=2016|4loc=chapters 6–7}} [[ | A third theory, which has gained traction within Assyriology, is that the Code is not a true code but an abstract treatise on how judgments should be formulated. This led Fritz Rudolf Kraus, in an early formulation of the theory, to call it jurisprudence ({{lang|de|Rechtssprüche}}).{{sfnp|Kraus|1960|p=288}} Kraus proposed that it was a work of Mesopotamian scholarship in the same category as omen collections like {{lang|akk|[[šumma ālu]]}} and {{lang|akk|ana ittišu}}.{{sfnp|Kraus|1960|p=288}} Others have provided their own versions of this theory.{{sfnmp|1a1=Saggs|1y=1965|1pp=80ff.|2a1=Oppenheim|2y=1977|2p=287|3a1=Bottéro|3y=1992|3pp=166–167|4a1=Van De Mieroop|4y=2016|4loc=chapters 6–7}} [[Adolf Leo Oppenheim|Adolf Oppenheim]] remarked that the Code of Hammurabi and similar Mesopotamian law collections "represent an interesting formulation of social criticism and should not be taken as normative directions".{{sfnp|Oppenheim|1977|p=158}} | ||
This interpretation bypasses the problem of low congruence between the Code and actual legal judgments. Secondly, the Code does bear striking similarities to other works of Mesopotamian scholarship. Key points of similarity are the list format and the order of the items,{{sfnmp|1a1=Bottéro|1y=1992|1pp=173ff.|2a1=Van De Mieroop|2y=2016|2pp=165ff}} which Ann Guinan describes as a complex "serial logic".{{sfnp|Guinan|2014|p=115}} Marc Van De Mieroop explains that, in common with other works of Mesopotamian scholarship such as omen lists, king lists, and god lists, the entries of the Code of Hammurabi are arranged according to two principles. These are "opposition"—whereby a variable in one entry is altered to make another entry—and "pointillism"—whereby new conditions are added to an entry, or paradigmatic series pursued, to generate a sequence.{{sfnp|Van De Mieroop|2016|pp=165ff.}} Van De Mieroop provides the following examples: | This interpretation bypasses the problem of low congruence between the Code and actual legal judgments. Secondly, the Code does bear striking similarities to other works of Mesopotamian scholarship. Key points of similarity are the list format and the order of the items,{{sfnmp|1a1=Bottéro|1y=1992|1pp=173ff.|2a1=Van De Mieroop|2y=2016|2pp=165ff}} which Ann Guinan describes as a complex "serial logic".{{sfnp|Guinan|2014|p=115}} Marc Van De Mieroop explains that, in common with other works of Mesopotamian scholarship such as omen lists, king lists, and god lists, the entries of the Code of Hammurabi are arranged according to two principles. These are "opposition"—whereby a variable in one entry is altered to make another entry—and "pointillism"—whereby new conditions are added to an entry, or paradigmatic series pursued, to generate a sequence.{{sfnp|Van De Mieroop|2016|pp=165ff.}} Van De Mieroop provides the following examples: | ||
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The prologue asserts that Hammurabi was chosen by the gods. Raymond Westbrook observed that in ancient Near Eastern law, "the king was the primary source of legislation".{{sfnp|Westbrook|2003|p=26}} However, they could delegate their god-given legal authority to judges.{{sfnp|Bottéro|1992|p=165}} However, as Owen B. Jenkins observed, the prescriptions themselves bear "an astonishing absence{{nbsp}}... of all theological or even ceremonial law".{{sfnp|Jenkins|1905|p=335}} | The prologue asserts that Hammurabi was chosen by the gods. Raymond Westbrook observed that in ancient Near Eastern law, "the king was the primary source of legislation".{{sfnp|Westbrook|2003|p=26}} However, they could delegate their god-given legal authority to judges.{{sfnp|Bottéro|1992|p=165}} However, as Owen B. Jenkins observed, the prescriptions themselves bear "an astonishing absence{{nbsp}}... of all theological or even ceremonial law".{{sfnp|Jenkins|1905|p=335}} | ||
The code also fixed commodity prices and introduced a maximum 20% interest rate, together with a minimum wage law providing higher rates of pay for those in seasonal employment.<ref>[https://books.google.co.uk/books?id=CntZAAAAIBAJ&pg=PA19&dq=hammurabi+minimum+wage&article_id=3368,1127913&hl=en&sa=X&ved=2ahUKEwjkxOyHl9-UAxXyUkEAHTELAVQQ6AF6BAgHEAM#v=onepage&q=hammurabi%20minimum%20wage&f=false Painesville Telegraph 23 May 1941]</ref> | |||
==Language== | ==Language== | ||
[[File:Code of Hammurabi IMG 1937.JPG|thumb|alt=Cuneiform on the stele. Refer to adjacent text|The text. The arrangement of the Code's [[cuneiform]] was antiquated when it was written | [[File:Code of Hammurabi IMG 1937.JPG|thumb|alt=Cuneiform on the stele. Refer to adjacent text|The text. The arrangement of the Code's [[cuneiform]] was antiquated when it was written]] | ||
The laws are written in the Old Babylonian dialect of Akkadian. Their style is regular and repetitive, and today they are a standard set text for introductory Akkadian classes.{{sfnp|Richardson|2004|p=7}} However, as A. Leo Oppenheim summarises, the [[cuneiform]] signs themselves are "vertically arranged{{nbsp}}... within boxes placed in bands side by side from right to left", an arrangement already antiquated by Hammurabi's time.{{sfnp|Oppenheim|1977|p=240}} | The laws are written in the Old Babylonian dialect of Akkadian. Their style is regular and repetitive, and today they are a standard set text for introductory Akkadian classes.{{sfnp|Richardson|2004|p=7}} However, as A. Leo Oppenheim summarises, the [[cuneiform]] signs themselves are "vertically arranged{{nbsp}}... within boxes placed in bands side by side from right to left", an arrangement already antiquated by Hammurabi's time.{{sfnp|Oppenheim|1977|p=240}} | ||
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[[File:Moses receives the Law, Leo Bible (Vatican, Biblioteca Vaticana MS. Reg. gr. 1), folio 155v, c. 930–940, 41 x 27 cm.jpg|thumb|alt=Illumination from the Byzantine Leo Bible of Moses on Mount Sinai, receiving the law from heaven|[[Moses]] receiving the law on [[Mount Sinai]], depicted in the Byzantine [[Leo Bible]]]] | [[File:Moses receives the Law, Leo Bible (Vatican, Biblioteca Vaticana MS. Reg. gr. 1), folio 155v, c. 930–940, 41 x 27 cm.jpg|thumb|alt=Illumination from the Byzantine Leo Bible of Moses on Mount Sinai, receiving the law from heaven|[[Moses]] receiving the law on [[Mount Sinai]], depicted in the Byzantine [[Leo Bible]]]] | ||
The relationship of the Code of Hammurabi to the [[Mosaic Law]], specifically the [[Covenant Code]] of [[Book of Exodus|Exodus]] 20:22–23:19, has been a subject of discussion since its discovery.{{sfnmp|1a1=Sampey|1y=1904a|2a1=Sampey|2y=1904b|3a1=Davies|3y=1905|4a1=Johns|4y=1914|5a1=Everts|5y=1920|6a1=Edwards|6y=1921}} [[Friedrich Delitzsch]] argued the case for strong influence in a 1902 lecture, in one episode of the "{{lang|de|Babel und Bibel}}" ("Babel and Bible", or "[[Panbabylonism]]") debate on the influence of ancient Mesopotamian cultures on [[Kingdom of Israel (united monarchy)|ancient Israel]]. However, he was met with strong resistance.{{sfnp|Ziolkowski|2012|p=25}} There was cultural contact between Mesopotamia and [[the Levant]], and [[Middle Bronze Age]] tablets of casuistic cuneiform law have been found at [[Tel Hazor|Hazor]].{{sfnp|Horowitz|Oshima|Vukosavović|2012}} There are also similarities between the Code of Hamurabi and the Covenant Code: in the casuistic format, in principles such as {{lang|la|lex talionis}} ("eye for an eye"), and in the content of the provisions. Some similarities are striking, such as in the provisions concerning a man-goring ox (Code of Hammurabi laws 250–252,{{sfnp|Roth|1995a|p=128}} Exodus 21:28–32).{{sfnp|Wright|2009|loc=chapter 8}} Certain writers have posited direct influence: [[David P. Wright]], for example, asserts that the Covenant Code is "directly, primarily, and throughout dependent upon the Laws of Hammurabi", "a creative rewriting of Mesopotamian sources{{nbsp}}... to be viewed as an academic abstraction rather than a digest of laws".{{sfnp|Wright|2009|p=3}} Others{{who|date=March 2023}} posit indirect influence, such as via [[Arameans|Aramaic]] or [[Phoenicia]]n intermediaries.{{sfnp|Van De Mieroop|2016|p=152}} The consensus, however, is that the similarities are a result of inheriting common traditions.{{sfnp|Wright|2009|p=vii}} In 1916, George A. Barton cited "a similarity of antecedents and of general intellectual outlook".{{sfnp|Barton|1916|p=340}} More recently, [[David | The relationship of the Code of Hammurabi to the [[Mosaic Law]], specifically the [[Covenant Code]] of [[Book of Exodus|Exodus]] 20:22–23:19, has been a subject of discussion since its discovery.{{sfnmp|1a1=Sampey|1y=1904a|2a1=Sampey|2y=1904b|3a1=Davies|3y=1905|4a1=Johns|4y=1914|5a1=Everts|5y=1920|6a1=Edwards|6y=1921}} [[Friedrich Delitzsch]] argued the case for strong influence in a 1902 lecture, in one episode of the "{{lang|de|Babel und Bibel}}" ("Babel and Bible", or "[[Panbabylonism]]") debate on the influence of ancient Mesopotamian cultures on [[Kingdom of Israel (united monarchy)|ancient Israel]]. However, he was met with strong resistance.{{sfnp|Ziolkowski|2012|p=25}} There was cultural contact between Mesopotamia and [[the Levant]], and [[Middle Bronze Age]] tablets of casuistic cuneiform law have been found at [[Tel Hazor|Hazor]].{{sfnp|Horowitz|Oshima|Vukosavović|2012}} There are also similarities between the Code of Hamurabi and the Covenant Code: in the casuistic format, in principles such as {{lang|la|lex talionis}} ("eye for an eye"), and in the content of the provisions. Some similarities are striking, such as in the provisions concerning a man-goring ox (Code of Hammurabi laws 250–252,{{sfnp|Roth|1995a|p=128}} Exodus 21:28–32).{{sfnp|Wright|2009|loc=chapter 8}} Certain writers have posited direct influence: [[David P. Wright]], for example, asserts that the Covenant Code is "directly, primarily, and throughout dependent upon the Laws of Hammurabi", "a creative rewriting of Mesopotamian sources{{nbsp}}... to be viewed as an academic abstraction rather than a digest of laws".{{sfnp|Wright|2009|p=3}} Others{{who|date=March 2023}} posit indirect influence, such as via [[Arameans|Aramaic]] or [[Phoenicia]]n intermediaries.{{sfnp|Van De Mieroop|2016|p=152}} The consensus, however, is that the similarities are a result of inheriting common traditions.{{sfnp|Wright|2009|p=vii}} In 1916, George A. Barton cited "a similarity of antecedents and of general intellectual outlook".{{sfnp|Barton|1916|p=340}} More recently, [[D. Winton Thomas|David Thomas]] has stated: "There is no ground for assuming any direct borrowing by the Hebrew from the Babylonian. Even where the two sets of laws differ little in the letter, they differ much in the spirit".{{sfnp|Thomas|1958|p=28}} | ||
The influence of the Code of Hammurabi on later law collections is difficult to establish. Marc Van De Mieroop suggests that it may have influenced the Greek [[Gortyn Code]] and the Roman [[Twelve Tables]].{{sfnp|Van De Mieroop|2016|pp=152–153}} However, even Van De Mieroop acknowledges that most [[Roman law]] is not similar to the Code, or likely to have been influenced by it.{{sfnp|Van De Mieroop|2016|pp=153–154}} | The influence of the Code of Hammurabi on later law collections is difficult to establish. Marc Van De Mieroop suggests that it may have influenced the Greek [[Gortyn Code]] and the Roman [[Twelve Tables]].{{sfnp|Van De Mieroop|2016|pp=152–153}} However, even Van De Mieroop acknowledges that most [[Roman law]] is not similar to the Code, or likely to have been influenced by it.{{sfnp|Van De Mieroop|2016|pp=153–154}} | ||
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Knowing the Code's influence on modern law requires knowing its influence on Mosaic and Graeco-Roman law. Since this is contentious, commentators have restricted themselves to observing similarities and differences between the Code and, e.g., [[United States law]] and [[medieval]] law.{{sfnmp|1a1=Equitable Trust Company|1y=1910|2a1=Jenkins|2y=1905|3a1=Driver|3a2=Miles|3y=1952|3p=57|4a1=Van De Mieroop|4y=2016|4p=154}} Some{{who|date=March 2023}} have remarked that the punishments found in the Code are no more severe, and, in some cases, less so.{{sfnmp|1a1=Johns|1y=1903b|1p=258|2a1=Driver|2a2=Miles|2y=1952|2p=57}}{{update inline|date=March 2023}} | Knowing the Code's influence on modern law requires knowing its influence on Mosaic and Graeco-Roman law. Since this is contentious, commentators have restricted themselves to observing similarities and differences between the Code and, e.g., [[United States law]] and [[medieval]] law.{{sfnmp|1a1=Equitable Trust Company|1y=1910|2a1=Jenkins|2y=1905|3a1=Driver|3a2=Miles|3y=1952|3p=57|4a1=Van De Mieroop|4y=2016|4p=154}} Some{{who|date=March 2023}} have remarked that the punishments found in the Code are no more severe, and, in some cases, less so.{{sfnmp|1a1=Johns|1y=1903b|1p=258|2a1=Driver|2a2=Miles|2y=1952|2p=57}}{{update inline|date=March 2023}} | ||
Law 238 stipulates that a [[sea captain]], [[Technical management|ship-manager]], or [[Chartering (shipping)|ship charterer]] that saved a ship from [[Shipwreck|total loss]] was [[Pro rata|only required to pay one-half the value of the ship]] to the [[ship-owner]].<ref name="Sommer 1903 p. 86">{{cite journal |translator-last=Sommer |translator-first=Otto |author=Hammurabi |author-link=Hammurabi |title=Code of Hammurabi, King of Babylon |year=1903 |journal=Records of the Past |place=[[Washington, D.C.|Washington, DC]] |publisher=[[Records of the Past Exploration Society]] |volume=2 |issue=3 |page=[https://archive.org/details/cu31924060109703/page/n27/mode/2up 86] |access-date=20 June 2021 |url=https://archive.org/details/cu31924060109703/mode/2up |quote=238. If a skipper wrecks ... money to its owner.}}</ref><ref name="Harper 1904 p. 85">{{cite web |translator-last=Harper |translator-first=Robert Francis |author=Hammurabi |author-link=Hammurabi |year=1904 |title=Code of Hammurabi, King of Babylon |place=[[Chicago]] |publisher=[[University of Chicago Press]] |edition=2nd |page=[https://oll.libertyfund.org/title/hammurabi-the-code-of-hammurabi#lf0762_label_461 85] |website=[[Liberty Fund]] |url=https://oll-resources.s3.us-east-2.amazonaws.com/oll3/store/titles/1276/0762_Bk.pdf |archive-url=https://web.archive.org/web/20210613091052/https://oll-resources.s3.us-east-2.amazonaws.com/oll3/store/titles/1276/0762_Bk.pdf |archive-date=13 June 2021 |url-status=live |access-date=20 June 2021 |quote=§238. If a boatman sink ... one-half its value.}}</ref><ref name="King 1910">{{cite web |translator-last=King |translator-first=Leonard William |author=Hammurabi |author-link=Hammurabi |year=1910 |title=Code of Hammurabi, King of Babylon |place=[[New Haven, Connecticut|New Haven, CT]] |publisher=[[Yale Law School]] |website=[[Avalon Project]] |url=https://avalon.law.yale.edu/ancient/hamframe.asp |access-date=20 June 2021 |quote=238. If a sailor wreck ... its value in money. |archive-date=10 May 2021 |archive-url=https://web.archive.org/web/20210510072841/https://avalon.law.yale.edu/ancient/hamframe.asp |url-status=live}}</ref> In the ''[[Digest (Roman law)|Digesta seu Pandectae]]'' (533), the second volume of the [[Corpus Juris Civilis|codification of laws ordered]] by [[Justinian I]] | Law 238 stipulates that a [[sea captain]], [[Technical management|ship-manager]], or [[Chartering (shipping)|ship charterer]] that saved a ship from [[Shipwreck|total loss]] was [[Pro rata|only required to pay one-half the value of the ship]] to the [[ship-owner]].<ref name="Sommer 1903 p. 86">{{cite journal |translator-last=Sommer |translator-first=Otto |author=Hammurabi |author-link=Hammurabi |title=Code of Hammurabi, King of Babylon |year=1903 |journal=Records of the Past |place=[[Washington, D.C.|Washington, DC]] |publisher=[[Records of the Past Exploration Society]] |volume=2 |issue=3 |page=[https://archive.org/details/cu31924060109703/page/n27/mode/2up 86] |access-date=20 June 2021 |url=https://archive.org/details/cu31924060109703/mode/2up |quote=238. If a skipper wrecks ... money to its owner.}}</ref><ref name="Harper 1904 p. 85">{{cite web |translator-last=Harper |translator-first=Robert Francis |author=Hammurabi |author-link=Hammurabi |year=1904 |title=Code of Hammurabi, King of Babylon |place=[[Chicago]] |publisher=[[University of Chicago Press]] |edition=2nd |page=[https://oll.libertyfund.org/title/hammurabi-the-code-of-hammurabi#lf0762_label_461 85] |website=[[Liberty Fund]] |url=https://oll-resources.s3.us-east-2.amazonaws.com/oll3/store/titles/1276/0762_Bk.pdf |archive-url=https://web.archive.org/web/20210613091052/https://oll-resources.s3.us-east-2.amazonaws.com/oll3/store/titles/1276/0762_Bk.pdf |archive-date=13 June 2021 |url-status=live |access-date=20 June 2021 |quote=§238. If a boatman sink ... one-half its value.}}</ref><ref name="King 1910">{{cite web |translator-last=King |translator-first=Leonard William |author=Hammurabi |author-link=Hammurabi |year=1910 |title=Code of Hammurabi, King of Babylon |place=[[New Haven, Connecticut|New Haven, CT]] |publisher=[[Yale Law School]] |website=[[Avalon Project]] |url=https://avalon.law.yale.edu/ancient/hamframe.asp |access-date=20 June 2021 |quote=238. If a sailor wreck ... its value in money. |archive-date=10 May 2021 |archive-url=https://web.archive.org/web/20210510072841/https://avalon.law.yale.edu/ancient/hamframe.asp |url-status=live}}</ref> In the ''[[Digest (Roman law)|Digesta seu Pandectae]]'' (533), the second volume of the [[Corpus Juris Civilis|codification of laws ordered]] by [[Justinian I]] of the [[Byzantine Empire|Eastern Roman Empire]], a [[legal opinion]] written by the [[Roman law|Roman jurist]] [[Julius Paulus|Paulus]] at the beginning of the [[Crisis of the Third Century]] in 235 AD was included about the ''[[List of Roman laws|Lex Rhodia]]'' ("Rhodian law") that articulates the [[general average]] principle of [[marine insurance]] established on the island of [[Rhodes]] in approximately 1000 to 800 BC as a member of the [[Doric Hexapolis]], plausibly by the [[Phoenicia]]ns during the proposed [[Dorian invasion]] and emergence of the purported [[Sea Peoples]] during the [[Greek Dark Ages]] (c. 1100 – c. 750) that led to the proliferation of the [[Doric Greek]] [[Ancient Greek dialects|dialect]].<ref>{{cite web |title=The Civil Law, Volume I, The Opinions of Julius Paulus, Book II |year=1932 |translator-first=S.P. |translator-last=Scott |publisher=Central Trust Company |website=[[Constitution Society|Constitution.org]] |url=https://constitution.org/2-Authors/sps/sps01_4-2.htm |quote=TITLE VII. ON THE LEX RHODIA. It is provided by the ''Lex Rhodia'' that if merchandise is thrown overboard for the purpose of lightening a ship, the loss is made good by the assessment of all which is made for the benefit of all. |access-date=16 June 2021 |archive-date=24 June 2021 |archive-url=https://web.archive.org/web/20210624195244/https://constitution.org/2-Authors/sps/sps01_4-2.htm |url-status=live}}</ref><ref name="Prudential pp. 5–6">{{cite book |year=1915 |title=The Documentary History of Insurance, 1000 B.C. – 1875 A.D. |publisher=[[Prudential Financial|Prudential Press]] |place=[[Newark, New Jersey|Newark, NJ]] |pages=[https://archive.org/details/cu31924030231736/page/n7/mode/2up 5–6] |url=https://archive.org/details/cu31924030231736/mode/2up |access-date=15 June 2021}}</ref><ref name="Duhaime">{{cite web |url=http://www.duhaime.org/LawMuseum/LawArticle-383/Lex-Rhodia-The-Ancient-Ancestor-of-Maritime-Law-800--BC.aspx |title=Duhaime's Timetable of World Legal History |work=Duhaime's Law Dictionary |access-date=9 April 2016 |archive-date=24 June 2021 |archive-url=https://web.archive.org/web/20210624195657/http://www.duhaime.org/LawMuseum/LawArticle-383/Lex-Rhodia-The-Ancient-Ancestor-of-Maritime-Law-800--BC.aspx |url-status=dead}}</ref> The law of general average constitutes the fundamental [[principle]] that underlies all [[insurance]].<ref name="Prudential pp. 5–6" />{{better source needed|date=March 2023}} | ||
==Reception outside Assyriology== | ==Reception outside Assyriology== | ||
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Hammurabi's Code is notable for its comprehensive approach to law, covering subjects from criminal acts to medical practices. The Code includes specific rules that regulate medical treatments, set surgery fees, and punish malpractice. For instance, if a physician caused the death of a noble during surgery, they would be severely punished, sometimes having their hand cut off. This harshness portrays how seriously medical responsibility was taken even in ancient times. | Hammurabi's Code is notable for its comprehensive approach to law, covering subjects from criminal acts to medical practices. The Code includes specific rules that regulate medical treatments, set surgery fees, and punish malpractice. For instance, if a physician caused the death of a noble during surgery, they would be severely punished, sometimes having their hand cut off. This harshness portrays how seriously medical responsibility was taken even in ancient times. | ||
From a political science perspective, Hammurabi's Code is valuable and fundamental because it demonstrates how law was used to reinforce social hierarchies and maintain control. | From a political science perspective, Hammurabi's Code is valuable and fundamental because it demonstrates how law was used to reinforce social hierarchies and maintain control. The Code's laws were applied differently depending on a person's social class, so nobles received greater protection than commoners and enslaved people. This legal stratification reflects the power dynamic of Babylonian society and shows how law was used not just to govern but also to preserve the social order.{{sfnp|Pearn|2016}} | ||
== See also == | == See also == | ||
* [[History of institutions in Mesopotamia]] | * [[History of institutions in Mesopotamia]] | ||
* [[Pillars of Ashoka]] | |||
== References == | == References == | ||