“An Eye for an Eye”: Babylonian Code of Hammurabi

The Code of Hammurabi, named after the king of Babylon, stands as one of the earliest and most comprehensive written legal codes in history. Comprised of 282 rules, this ancient code reflects a blend of cruelty and justice, with echoes of principles found in modern laws. These regulations were inscribed on a massive black stone pillar that lay forgotten for millennia.

King Hammurabi, the sixth and renowned ruler of the First Dynasty of Babylon, governed from approximately 1792 to 1750 BC. During his reign, Hammurabi expanded his kingdom, located in present-day Iraq, throughout the Tigris and Euphrates River valleys. However, it is his legendary code of laws that has solidified his place in history.

What is Babylon’s Code of Hammurabi

Historians view the Code of Hammurabi as an emblem of the ancient world’s approach to dispute resolution, crime punishment, and business regulation. It addressed issues such as incest, divorce, and property rights.

Law Code of Hammurabi, king of Babylon, 1792-1750 B.C., Louvre Museum, France pic.twitter.com/GlxyIYPJHv

— World Heritage (@HeritageWorlds) May 6, 2018

The code, etched onto a durable diorite slab, has withstood the test of time and is externally impressive. At its summit, a two-and-a-half-foot bas-relief portrays Hammurabi receiving the law from the Babylonian god of justice, Shamash.

This text not only outlines principles but also features a compilation of legal cases and precedents that illustrate Hammurabi’s just rule. Notably, the Code introduces early instances of “lex talionis,” often referred to as “an eye for an eye,” which became its most famous phrase. It initially stated, “If a man destroys another man’s eye, his own eye shall be destroyed.”

Harsh Punishment for Incest and Ancient Vision of Justice

In addition, the Code of Hammurabi includes many other severe punishments, sometimes requiring the cutting off of the offender’s tongue, hands, chest, eye, or ear. For example, one of the laws prescribed: “If a person knocks out the teeth of his equal, then his teeth must be knocked out.”

Particularly severe punishment awaited those who entered into intimate relationships with close relatives. This crime was punishable by death. The law said: “If anyone be guilty of incest with his mother after his father, both shall be burned.”

Social and Gender Differences

The Code of Hammurabi exhibited differences in treatment based on gender and social class. For instance, if a doctor’s negligence resulted in the death of a wealthy patient, the doctor would face the amputation of his hands. However, if the patient were a slave, the physician “shall replace the slave with another slave.”

Even in cases of grave crimes, punishment varied depending on one’s rank. For example, if a man killed a pregnant servant, the penalty was a simple fine. Conversely, if the victim was a free pregnant woman, the code prescribed a severe punishment—the death of the offender’s daughter.

Gender disparities also played a significant role in this Babylonian code of laws. Men enjoyed more freedoms and leniency under the law, allowing them to engage in extramarital affairs with maids and slaves. However, women caught in infidelity were bound and cast into the Euphrates River along with their lovers.

The Code’s influence endured long after Hammurabi’s passing, serving as a legal framework for centuries during various power struggles. However, this set of laws faded into obscurity for many years until its relatively recent discovery in 1901 in Iran by French archaeologists. Today, the column containing these ancient laws resides in the Louvre Museum in Paris.

The Code Of Hammurabi was my favourite thing at the Louvre. Zoom in to read the Akkadian pic.twitter.com/aNOJ0Ugxxx

— joey (@djjoeysantos) June 18, 2018

Code of Hammurabi’s Parallels With Modern Law

The Hammurabi exhibits remarkable parallels with many aspects of modern legal systems. It serves as a precursor to the modern concept of the presumption of innocence, where individuals are considered innocent until proven guilty. However, if an accusation proved to be false, the law assigned responsibility to those who had wrongly accused an innocent person.

The code said: “If any one bring an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death.”

Furthermore, the code displayed a degree of progressiveness by introducing the concept of a minimum wage. Several decrees within the code specify wages for various professions. For instance, Babylonian sailors could expect to receive “six gur of corn per year.”

However, social inequality persisted even in these regulations, as doctors received higher fees for treating free individuals compared to slaves.