It has been nearly 3,800 years since Hammurabi extended his rule over ancient Mesopotamia, a region between the Tigris and Euphrates rivers that includes what is now Iraq, as well as parts of Kuwait, Turkey and Syria. But the Babylonian king, whose likeness is among the pantheon of ancient legislators etched into the south wall of the US Supreme Court chamber, has an influence that is still felt today.
It’s because of the Code of Hammurabi, a collection of 282 laws and regulations written in cuneiform script on the surface of a seven-foot, four-inch stone monument, which was discovered by French researcher Jacques de Morgan in 1901 and is now part of the collection of the Louvre in Paris.
Historians describe the Code of Hammurabi as a surviving symbol of an ancient Mesopotamian system for resolving disputes, punishing crimes, and regulating trade practices, which had an early influence on the centuries-long development of systems of law. and courts that govern the United States and other modern countries. companies.
The code “represents a well-preserved and detailed ancient inscription on law and order during the first dynasty of Babylon,” says Kelly-Anne Diamond, assistant professor of history at Villanova University.
“Innocent until proven guilty” established
As Diamond notes, some of Hammurabi’s laws may seem excessively harsh, even barbaric today – selling stolen goods and building a faulty house that collapsed were both punishable by death, for example, and the penalty for a slave who refused the authority of a master was to have an ear amputated. “But there are others who suggest nurturing and supporting marginalized groups,” she says. “For example, we see in Hammurabi’s code what could be considered early alimony payments.”
The code also describes an ancient Mesopotamian legal system with principles that are still followed in American courts. The code states, for example, that to find someone guilty of a crime, evidence must be gathered and evidence established, Diamond says. “The ‘innocent until proven guilty’ theme resonates with us,” she says.
The Hammurabi stele is surmounted by a sculpture representing the king receiving the laws of Shamash, the Mesopotamian sun deity, who also served as judge of gods and men. This origin story may have helped promote Hammurabi’s image as a ruler whose power was derived from the gods, but scholars say his code actually evolved from existing laws and previous court cases.
The Hammurabi stele is surmounted by a sculpture representing the king receiving the laws of Shamash, the Mesopotamian deity of the sun.
Gerstenberg Archive/ullstein bild via Getty Images
“The earliest known collection of laws, compiled by King Ur-Namma 300 years before Hammurabi, included proportionally less corporal punishment and more monetary fines than what we see in the laws of Hammurabi,” says Amanda H. Podany , Professor Emeritus of History at the State of California. Pomona Polytechnic University and author of the book Weavers, Scribes and Kings: A New History of the Ancient Near East. “But in Hammurabi’s time, most punishments were actually fines, no matter what the laws said. The judicial system therefore probably functioned in much the same way throughout these centuries.
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The Code of Hammurabi versus current Mesopotamian law
The code of Hammurabi “differs from earlier Mesopotamian legal codes because it is more detailed, giving us more information about the laws and rules of the time, the social structure and how the laws were applied to different groups of people. people,” says Dawn McCormack, associate dean of the College of Graduate Studies at Middle Tennessee State University and a historian whose expertise includes Egypt and the Near East. “As the population diversified, the codes of law adapted to meet the new circumstances.”
But the practical significance of Hammurabi’s code in his time is unclear. As historians point out, it is not a complete collection of laws. Although the code contains detailed regulations on issues ranging from doctors’ fees to mend broken bones to the cost of hiring an ox to thresh grain, there are also obvious shortcomings, such as the absence of a fundamental law against murder. “Hammurabi made no attempt to cover all possible infractions, or to offer any organizing principles behind them,” Podany says.
And even though Hammurabi made a big deal out of carving his laws into a stone monument, Podany says surviving Mesopotamian court records do not indicate that the judges even consulted the king’s code in rendering their rulings.
Hammurabi’s set of laws was perhaps as much about appearance as it was about actual governance. He enacted them towards the end of his 43-year reign, at a time when he may have thought a lot about how future generations would remember him. “They show that Hammurabi was very keen to be seen as a just and righteous king, both in his time and in the future,” Podany said. “He emphasized that in the prologue and epilogue of Laws.”
“There is no doubt that Hammurabi wanted to be seen as a just ruler who protected his citizens, in addition to a substitute for the gods on earth, a warlord, a builder and a final judge” , says Diamond.
The code symbolizes fair and impartial justice
Hammurabi promoted the idea that justice should be fair and impartial.
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It is perhaps more important to see the Code of Hammurabi as a symbol of the existing Mesopotamian legal system of his time, the innovations of which exerted a lasting influence.
“The Mesopotamians had a system that placed great emphasis on the truth of a matter, through the use of witnesses, oral testimony and written evidence, and by having individuals swear that they were telling the truth” , explains Podany. . “The oaths were particularly effective because people believed deeply that the gods would punish them if they lied under oath. A panel of judges heard a case, and scribes often recorded the events that unfolded during a trial. They show that the system was efficient and reliable. This provided a way to avoid vigilante justice.
The code is also significant because it promoted the idea that justice should be fair and impartial. Through the codes, Hammurabi conveyed that he was a king who wanted to make sure anyone — not just the rich and powerful, but even the poor — could get justice, Podany says. It is an idea that modern justice still strives to achieve, even if it does not always succeed.
