Analysis: Code of Hammurabi

Date: c. 1780 BCE

Geographic Region: Mesopotamia (present-day Iraq)

Author: Hammurabi

Translator: L. W. King

Summary Overview

The Code of Hammurabi was written during Babylonian king Hammurabi's reign, from about 1792 to 1750 BCE. In the code's preamble and epilogue, Hammurabi asserted his divine authority to create the code. Its provisions addressed many areas of substantive law, including business transactions, family law, property inheritance, and personal injury.

Many punishments required paying a fine to the person harmed, and the severity of the fine generally varied by social class and gender. Some penalties were quite harsh or gruesome. For example, the penalty for falsely accusing someone of a crime was death. The well-known phrase “An eye for an eye, a tooth for a tooth,” popularized in the West because of its inclusion in the Old Testament, comes from two provisions within the Code of Hammurabi that provided for reciprocal punishment.

Historians suggest that Hammurabi's code represented an effort to strengthen the central government's control over the personal and professional lives of individual citizens. Additionally, the code is of interest because many of its provisions juxtapose traditional ancient rules with relatively progressive attitudes toward certain aspects of society.

Defining Moment

The ancient civilization of Mesopotamia was located between the Tigris and Euphrates Rivers, in present-day Iraq and parts of present-day Syria, Turkey, and Iran. Historians believe the first permanent settlers arrived around 4000 BCE, as the location between the two rivers provided sufficient irrigation water to sustain agriculture. However, the environment was not otherwise hospitable to cultivation and frequently suffered bouts of severe weather. Battling the elements required cooperation among the settlers to drain flooded areas and bring water to dry areas.

Between 3500 BCE and 3100 BCE, these settlements developed characteristics that qualify them as civilizations, including metal tool technology developed during the Bronze Age, a writing system, and a relatively complex social and economic structure. By about 3200 BCE, urban centers emerged. Within Mesopotamia, the lower section of the plain between the rivers was called Babylonia and was divided into two regions: Akkad in the north and Sumer in the south.

A significant amount of documentation exists from Mesopotamia, which provides insight into how the ancient society developed over time. Perhaps the preeminent Mesopotamian civilization was that of the Babylonian Empire (ca. 1850–1600 BCE), during which the Code of Hammurabi was created. The Babylonian Empire emerged when a family of Amorites united the major urban centers in the region, ruling from the city of Babylonia. The Babylonians made significant advancements in math and science and created several notable works of literature, including the Epic of Gilgamesh (c. 2000 BCE; English translation, 1917). The most recognized Babylonian leader was Hammurabi, who reigned from about 1792 BCE to 1750 BCE. During this period, Hammurabi expanded Babylonia's territory to include Assyria in the north, Sumer in the south, and Elam in the east.

Aside from territorial expansion, one of Hammurabi's most significant contributions to Babylonia was the legal code he established. The code is infamous for prescribing “retributive justice” for bodily injuries. Many code provisions are quite harsh. Overall, however, the code is extensive and rather complex, covering many different areas of substantive law and capturing important elements of Babylonian society and class structure.

Author Biography and Document Information

The Code of Hammurabi was established by King Hammurabi of Babylon, who inherited the throne from his father and expanded his territory through conquest to include all of Mesopotamia. During his reign, Hammurabi established a series of laws to regulate personal and business affairs, strengthening the role of his centralized government in the lives of his subjects, and extol his own virtues as a leader.

The most complete version of the code found to date was discovered at Susa (now in Khuzestan Province of present-day Iran) in 1901 by French researcher Jean-Vincent Scheil. The surviving text is written in the Akkadian language and inscribed in cuneiform—a writing system consisting of wedge-shaped characters designed for use with several languages of ancient Sumer and Mesopotamia—onto a column of black diorite. The monument stood nearly eight feet high and was clearly intended for public display during Hammurabi's reign. It was found broken into three parts, but it was reassembled and is kept in the Louvre Museum in Paris, France.

Document Analysis

In the preamble of Hammurabi's code, Hammurabi explains that he was “called by name” by “Anu the Sublime” and “Bel the Lord of Heaven and earth” to “destroy the wicked and the evil-doers,” and to “further the well-being of mankind.” To carry out their decree, he created this 282-paragraph code that covers many areas of law.

The first five paragraphs of the code establish a presumption of innocence and protection against false accusations. The next sections describe punishments for theft of property, how to handle runaway slaves, and punishments for property damage and theft. The penalties for theft can be quite harsh. For example, if someone steals property while helping to fight a house fire, the thief “shall be thrown into [the] self-same fire.”

Large sections of the code establish rules governing property ownership and the terms under which tenant farmers can rent land to cultivate. The code also establishes a form of “minimum wage” for workers. For example, “if a physician heal the broken bone or diseased soft part of a man, the patient shall pay the physician five shekels in money.” Similarly, the code provides specific compensation requirements for sailors, builders, field laborers, ox drivers, herdsmen, and skilled artisans. The code also contains extensive family-law provisions, including proper divorce procedures, inheritance for children fathered with wives or slaves, and adoption.

The code prescribes specific punishments for inflicting bodily harm, and the severity of the punishment generally depends on the social class of the victim. The infamous idiom, “An eye for an eye, a tooth for a tooth,” is a paraphrase of two provisions of Hammurabi's code that explicitly provide for retribution: “If a man put out the eye of another man, his eye shall be put out,” and “If a man knock out the teeth of his equal, his teeth shall be knocked out.”

Hammurabi's code is also notable for its juxtaposition of traditional ancient laws and relatively progressive provisions. This tension is particularly visible in many of the code's provisions related to family and domestic law. For example, a man is allowed to have extramarital sexual relations with “maid-servants” and slaves and even take a second wife in some instances. But he has to continue to provide support to his first wife and children, even if he chooses to divorce her. By contrast, a woman found guilty of infidelity is to be bound and tossed into the river to drown.

In the epilogue, Hammurabi reiterates his divine authority and says that he “expounded all great difficulties” and “made the light shine upon” the people within the kingdom. He refers to himself as the “king of righteousness” and extols his own great wisdom and virtue. Hammurabi concludes by threatening any future leader that might try to change his laws: “May the great God (Anu), the Father of the gods, who has ordered my rule, withdraw from him the glory of royalty, break his scepter, curse his destiny.” He likewise wishes years of famine and scarcity onto the subjects of noncompliant rulers.

Bibliography and Additional Reading

Edgar, Robert R., George F. Jewbury, & Neil J. Hackett, ed. Civilizations Past and Present. 12th ed. New York: Pearson/Longman, 2008. Print.

Nagarajan, K. V. “The Code of Hammurabi: An Economic Interpretation.” International Journal of Business and Social Science 2.8 (2011): 108. Web. 2 Mar. 2015.

Stockdale, Nancy. L. “Hammurabi's Code.” World History Sources. Center for History and New Media, George Mason University, 2003–5. Web. 2 Mar. 2015.

Van De Mieroop, Marc. A History of the Ancient Near East ca. 3000–323 BC. 2nd ed. Malden: Blackwell, 2007. Print.

Wallenfels, Ronald, ed. World Eras: Volume 8—Ancient Mesopotamia, 3300–331 BCE. Detroit: Gale, 2005.