Code of Hammurabi

Code of Hammurabi
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Name	Code of Hammurabi
Caption	The stele of the Code of Hammurabi, now housed in the Louvre.
Material	Diorite
Size	Height: 2.25 m (7.4 ft)
Writing	Cuneiform in the Akkadian language
Created	c. 1755–1750 BC
Location	Susa (ancient), discovered at the Acropolis of Susa
Discovered	1901–1902 by French archaeologist Gustave Jéquier
Culture	Old Babylonian
Id	Sb 8
Museum	Louvre, Paris (Room 227, Department of Near Eastern Antiquities)

Code of Hammurabi. The Code of Hammurabi is one of the oldest and most complete written legal codes from the ancient world, promulgated by Hammurabi, the sixth king of the First Babylonian Dynasty. Engraved on a large stele of black diorite, the code consists of 282 laws addressing a wide range of civil, criminal, and commercial matters, framed within a prologue and epilogue that establish the king's divine mandate to establish justice. It is a foundational artifact for understanding the social structure, economic practices, and legal philosophy of Ancient Babylon, revealing a society governed by strict principles of retribution and social stratification.

Discovery and Physical Description

The stele bearing the code was discovered in 1901–1902 during French excavations at the ancient Elamite city of Susa, led by archaeologist Gustave Jéquier as part of the Délégation en Perse under Jacques de Morgan. It is believed to have been looted from Babylon as war plunder by the Elamite king Shutruk-Nakhunte in the 12th century BC. The artifact is a towering, black diorite pillar, standing 2.25 meters tall. At its top is a bas-relief depicting Hammurabi receiving the symbols of kingship and justice—a rod and ring—from the seated sun god Shamash, the Mesopotamian deity of law. The text below is inscribed in Akkadian using cuneiform script, arranged in 44 columns. The stele is now a centerpiece of the Louvre Museum's Department of Near Eastern Antiquities in Paris.

Historical and Legal Context

Hammurabi ruled Babylonia from approximately 1792 to 1750 BC, a period of consolidation for the Old Babylonian Empire. His code was created towards the end of his reign, around 1755 BC, and was part of a broader tradition of Mesopotamian law, preceded by earlier legal collections like the Code of Ur-Nammu of Ur and the Laws of Eshnunna. The primary stated purpose, as declared in the prologue, was to "cause justice to prevail in the land, to destroy the wicked and the evil, that the strong might not oppress the weak." This was both a practical tool for standardizing judgments across a newly unified empire and a powerful piece of royal propaganda, linking Hammurabi's authority directly to the gods like Marduk and Shamash. The code was publicly displayed, likely in Babylon's Esagila temple complex, to demonstrate the king's role as a just shepherd to his people.

Principal Provisions and Content

The 282 laws are not a comprehensive legal system but a collection of judicial decisions and royal decrees covering specific cases. They are often formulated in a conditional "if... then..." structure. Major areas addressed include false accusation and perjury (laws 1–5), theft and property crimes, liability for negligence (particularly by builders and surgeons), inheritance and family law (covering marriage, divorce, and the status of women), contracts for agricultural and commercial work, and fees for services. Notable specific laws include those governing slavery, the liability of a builder for a collapsing house, and the famous principle of lex talionis ("an eye for an eye"), as seen in law 196. The laws also set prices for goods and services, such as the hire of boats and wagons, reflecting the state's role in the Babylonian economy.

Principles of Justice and Social Hierarchy

While often hailed as an early effort to codify justice, the code institutionalized a rigid social hierarchy. Babylonian society was divided into three main classes: the *awīlum* (free men of the elite), the *muškēnum* (commoners or semi-free persons), and the *wardum* (slaves). Penalties and compensations were meticulously scaled according to the social status of both the victim and the perpetrator. For example, causing the death of a slave incurred only a financial penalty, while harming a noble demanded a much harsher physical retribution. This codified inequality starkly contrasts with modern notions of equality before the law. The principle of retributive justice was central, but it was explicitly unequal. Furthermore, the code placed women in a subordinate legal position, treating them largely as dependents of their fathers or husbands, though it did grant them certain rights in business and divorce under specific conditions.

Influence and Legacy on Later Law

The Code of Hammurabi is a seminal document in the history of jurisprudence. While there is no evidence of direct transmission, it represents a crucial link in the evolution of written law in the Ancient Near East, influencing subsequent legal traditions like the Hammurabiography and Assy. The code. The code's legal traditions. The code. The code. The code. The code. The code of the. The code of the. The code's. The code. The code. The code's The code. The code's. The code. The code. The. The. The code. The code. The code. The. The code. The. The. The. The. The. The. The. The code. The. The. The. The. The. The. The. The. The. The. The code's. The. The code's The. The code's. The. The. The. The. The. The. The. The. The. The. The code's The. The. The. The. The. The. The code's The. The. The code's The. The code's The. The code's law The. The code's. The. The. The. The. The code The. The. The. The. The code's The. The. The. The. The. The code The. The. The. The. The. The code The. The. The. The. The. The. The. The. The. The. The. The code's The. The. The. The. The. The. The. The code's. The. The. The. The. The. The. The. The. The. The. The. The. The. The. The. The code's The. The. The. The. The. The. The. The. The. The code. The. The. The. The. The. The code's The. The. The. The. The. The. The. The. The. The. The.