Development of Law The Code of Hammurabi

WHO WAS HAMMURABI? Hammurabi was the King of Babylon (approx BCE); He was quite enlightened and realized that society was becoming complex and the laws too numerous for people to remember; He wanted all citizens to have access to the laws so he codified them by having them written on a stone pillar for display;

The Code The Code is the earliest known written set of laws; It outlines the laws of Babylon and the consequences associated with each; There were also contractual law documents found in the region where the Code was discovered; (such as bills of sale, marriage agreements and mortgages);

The Code

The Code was written using ancient Babylonian cuneiform, or pictographs, that represented ideas or words; It is also important to note that the Code did not allow for a distinction between accidental and deliberate acts; As well the actions of one person could be tied to the punishment of another, innocent person;

The Code Read “The Code of Hammurabi,” and answer the questions. What is your impression of the punishments of these laws? Identify five modern laws/offences mentioned in the Code. What is your opinion of law 229? How does this type of law affect employment prospects in Babylon? Do you think the severity of these punishments deterred people from committing crimes? Explain your answer using an example.

Development of Law Mosaic Law

Ten Commandments Early Law was often linked to religious concepts; Centuries after Hammurabi’s Code, Moses, the divinely chosen leader of the Jewish people, received the Ten Commandments from God; He became a source of knowledge and justice for the people, as he was a connection between the people and God;

Ten Commandments Although the Ten Commandments were similar to the laws set out by Hammurabi, they reflected the concerns of the Jewish people while they were in the desert for forty years; A judicial system was established using the Commandments as a summary of the greatest offenses to avoid; Many other laws were developed based on these ten, which regulated the lives of the Jews – religiously and socially;

Mosaic Law Main features of the law were based on the “eye for an eye, tooth for a tooth” philosophy; Importance of punishing the guilty, rather than an innocent relative; Separation of laws and punishment based on deliberate or accidental circumstances; Law abiding behaviour was related to a good relationship with God; Consequences metered by God were more severe than those by man; justice was an important aspect;

Mosaic Law Most of the laws of Judeo-Christian societies are based on these concepts; Countries across the world that were established in this manner share ideas about law and punishment; Emphasis is on living a moral and obedient life; Is this still a main feature of our society? How have our attitudes toward morality changed?

Ten Commandments

According to the Bible, Moses destroyed the tablets when he found the Jews were worshipping a golden calf;

Moses vs. Hammurabi Look at the two different codes and compare what elements are similar or even if wording is different. (Textbook Pages 8,9) To whom do the laws apply (one element of society or everyone)?

Development of Law Greek Law

Fourth Century B.C. Athenians adopted the principle of democracy as a form of government; Purpose of law was to create a perfect society - for all male citizens – and made them free and equal before the law;

Legal System in Athens Essential for all male citizens to take part in the legal functioning of society; Created the “trial by a jury of peers” concept; Individual cases were heard by as many as 1000 jurymen in a court; Voting on a verdict would be done immediately after arguments were made by either side; Voting on a sentence would be completed directly afterward, if found guilty;

Development of Law Roman Law

Roman Empire – 180 B.C. As the Roman Empire increased in size, there were more laws needed; Education of individuals in the interpretation and understanding of the law became necessary;

Justinian Code – B.C. As a ‘representative’ of God on earth, the Emperor Justinian decided that a collected code of laws was necessary; The Justinian Code was actually 4 books: –Code – all ancient laws; –Digest – codified earlier laws; –Institutes – handbook for students; –Novels – new laws from Justinian;

Modern Impact of Ancient Law Hammurabi – first written code of law; Mosaic – Judeo-Christian ideals and relationship to God; Athenian – Trial by Jury of Peers; Justinian – Basis of modern laws for many European countries;

Homework Using the textbook, page 11 (Points to Remember), complete the handout on law comparisons (Societal Laws Organizer);