The Code of Hammurabi The Birth of Law

Prologue “When Anu the Sublime, King of the Anunaki, and Bel, the lord of Heaven and earth, who decreed the fate of the land, assigned to Marduk, the over-ruling son of Ea, God of righteousness, dominion over earthly man, and made him great among the Igigi, they called Babylon by his illustrious name, made it great on earth, and founded an everlasting kingdom in it, whose foundations are laid so solidly as those of heaven and earth; then Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak; so that I should rule over the black-headed people like Shamash, and enlighten the land, to further the well- being of mankind.” Source: Mesopotamia: The Code of Hammurabi, http://www.wsu.edu/~dee/MESO/CODE.HTM

LEARNING GOALS Describe the contributions of various individuals and groups to the development of legal traditions Describe how legal traditions contributed to a sense of continuity Evaluate the role and importance of various Mesopotamian innovations

Warm-up: You be the judge: http://www.phillipmartin.info/hammurabi/homepage.htm

Hammurabi’s Code: Background Hammurabi’s Code is the first known written legal code in history. Created by the Babylonian king c.1780 BCE Established the important concept of Rule of Law Established clearly the functions of Babylonian society Established punishments for crimes – relative to the severity (punishment fits the crime) ‘Eye for an eye, tooth for a tooth’ The Code consists of 281 laws Hammurabi felt as though it was his duty to write these laws to please the gods It shows rules and punishments if those rules are defied. It focuses on theft, farming (or shepherding), property damage, women's rights, marriage rights, children's rights, slave rights, and murder, death, and injury. The laws do not accept excuses or explanations for mistakes or fault - the Code was openly displayed for all to see, so no man could plead ignorance of the law as an excuse. However, few people (mainly scribes) could read.

Hammurabi’s Code (Detail)‏ This image is from the top of Hammurabi’s Code of Laws (stone stele) The carving (relief) depicts the King Hammurabi receiving the symbols of authority from the god Shamash (god of justice) This form of relief carving typifies much of the art that adorned city and palace walls throughout the Mesopotamian civilization. Relief Carving = carving into a large block of a solid substance (usually some form of rock). Mesopotamian carvings were usually quite shallow. They had not yet learned to support statues that were more intricate or deeply carved.

Hammurabi’s Code (Detail)‏ The principal subjects are family law, slavery, and professional, commercial, agricultural and administrative law. Economic measures set prices and salaries. The longest chapter concerns the family, which formed the basis of Babylonian society. It deals with engagement, marriage and divorce, adultery and incest, children, adoption and inheritance, and the duties of children's nurses.

Consolidation In pairs, review this selection of laws from Hammurabi’s Code. Classify each of the laws on that page into categories; (label next to each law with an initial – e.g. ‘T’ = theft)‏ - you will probably find that you need approx. 6-8 categories - be sure to write your categories and their codes at the bottom of the second page 3. Answer all questions on the handout: The Code of Hammurabi: Primary Source Now, answer the final and most important question…

KING HARRYABI’S CODE: In groups, develop and record a code of five (5) basic laws for our class (King Harryabi’s Code – that’s right!) The process: a. Decide first on the principles that will inform your laws and the major issues the laws should deal with. b. Come up with your five (5) appropriate class laws. c. Be sure to reveal your punishments for each. d. Make your own STELE - record and present your laws on the chart paper provided. Design it to suit the purpose – be creative!