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King Hammurabi of Babylon Within the course of this research, we will elaborate on one of the most important leaders in the worlds history King Hammurabi of Babylon and his impact on our civilization. The major influence discussed here will be Hammurabi's Code of laws, which had its effect on civilization at large and our contemporary code of laws in particular. To discuss this issue, we should first define the two terms used civilization and leader. Civilization is defined differently depending on the context a human society that has highly developed material and spiritual resources and a complex cultural, political, and legal organization; an advanced state in social development or the total culture and way of life of a particular people, nation, region, or period example. (2) A leader is defined as someone who has influence over significant number of people and is able to control them to achieve a common goal. (2) It is evident that the major contribution of Hammurabi to worlds civilization is his Code of Laws; therefore, we will first talk about Hammurabi and his legislation, to be followed by discussing the influence of his laws on contemporary laws. Hammurabi ruled Babylonia with unlimited power and absolute authority. He expressed goodwill towards his people and protected the weak, lower class citizens from upper class citizens of higher status and power.
Women citizens were noble, respected, and free. (4) He protected consumers from professionals causing harm by faulty work and poor work ethics. In addition, he protected his citizens from judges that made careless, unjust mistakes during law cases and court proceedings. Taking a closer look at the 281 laws in Hammurabi's Code, we can get a more profound look at the ways of the Babylonians. No one under Hammurabi's empire was untouched by these laws. Many of the laws were devoted to matters of business and agricultural life including; land ownership, slave ownership, merchants, traders, innkeepers, and tavern-keepers. Many of these laws clearly state the importance of having proof of sale, trade, or purchase.
All parties involved needed to keep articulate records in order to prevent loss of money, loss of property, and even loss of life. Law number 9 is a good example why the records should be maintained. It states that if a merchant sells stolen property, is caught by the owner, and the owner can prove that the property being sold is his; the owner will get his property back and the merchant is put to death. In reference to family life and moral ethics surrounding family affairs, the code has several laws.
These laws tell us many things about the importance of a marriage contract and monogamy, the role children played in the marriage, matters of being a good husband or wife, desertion, death of a spouse, incest, adultery, and divorce. For example, law number 129 states, anyone committing adultery would be thrown in the river and drowned but a husband can pardon his wife and the king his slaves (3). Law number 154 says that if a man is found guilty of incest with his daughter, he will be exiled. Law number 157 shows some distinction in the severity of punishments of men and women.
It states, if a mother is found guilty of incest with her son they will both be burned to death. The most popular laws of this code may very well be the laws that give us the terms, an eye for an eye and a tooth for a tooth (3). These laws go as far as to include physicians, builders, and even affect family life. Law number 195 states, if a son hits his father, his hands will be cut off. Law number 196 is the popular eye for an eye law and law number 200 is where the saying a tooth for a tooth derived from. Two other examples include law number 210 and law number 229.
Law number 210 says that if a man hits a pregnant woman, she loses her unborn child, and then she dies, his daughter shall be put to death (1). And law number 229 states that if a builder builds a house and it falls killing the homeowner due to poor construction, then that builder shall be put to death (5). Despite the number of differences in punishment, there are significant similarities between our laws today and Hammurabi's code of laws. The law offers protection to all classes of Babylonian society; it seeks to protect the weak and the poor, including women, children, and slaves, against injustice at the hands of the rich and powerful. This has several parallels to our laws today; they were created to protect all people equally, rich or poor, black or white, and accordingly. There also is a very significant contrast with our laws, in that most punishment today isnt as severe.
Hammurabi's code placed a great value on life. In our society, capital punishment is reserved for a very few number of crimes. Only is murder considered a capital crime, and even then sometimes there must be further circumstances. Penalties of Hammurabi's code varied according to the status of the offenders and the circumstances of the offenses.
This is also partially true of todays laws and court system. The type of trial, punishment, penalty, and etc. are totally dependent upon the offense. But, all people today are (supposedly) treated equally; their status (social, religious, racial, and economic) should have no relevance, excluding a previous criminal record. Hammurabi had very harsh punishments. The eighth law of the code states, If any one steal cattle or sheep, or an ass, or a pig or a goat, if it belong to a god or to the court, the thief shall pay thirty fold therefore; if they belonged to a freed man of the king he shall pay tenfold; if the thief has nothing with which to pay he shall be put to death. () Money and business were extremely important to Hammurabi.
Theft was dealt with using a system of punitive damages. The inability to repay 10 or 30 times the amount stolen was punishable by death. This today would be considered extremely harsh, cruel, and unusual in society. There are some major differences in the laws regarding the legal system also. The third law states, 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. (4) This law shows two enormous differences between our legal system and Hammurabi's code of laws. First, individuals today cant bring charges to criminal court; we have public attorneys assigned to that job.
Secondly, failure to prove a charge in our society does not constitute a capital offense. If guilt hasnt been proven, the case is over and no one faces consequences from it. Another large contrast is in the fifth law which states, If a judge try a case, reach a decision, and present his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge's bench, and never again shall he sit there to render judgment. (3) This much accountability is pretty much unheard of in our justice system today. Today if a judge makes a mistake, an appeals court can overturn his judgment, but that judge wont be punished in any other way other than reputation. He wont be fired, and certainly not fined.
If this law were the case today, our justice system would have some major problems. The judges would most likely be worried about making mistakes and that would definitely impact their judgments. Hammurabi believed strongly in good morals and ethics. Anyone who committed crimes against these morals received severe punishment. His definition of justice was probably much like one in our dictionaries today, moral rightness.
The Code of Hammurabi, devised because of the kings strong beliefs in good morals and ethics, brought together the people of his large empire. Uncertain if such a form of justice would work in our society today, some people believe that if we did use this form of justice our world would be a much better place for everyone. Hammurabi's code of laws definitely had an impact on society. Many civilizations used him as a precedent to create their own legal systems. As with today there are many ties with our laws to his. Hammurabi's code would not work in our democratic society today.
Today, our country and its laws are created and maintained by the people. Also, our society doesnt condone revenge against criminals. On the other hand, it attempts to rehabilitate criminals. Hammurabi definitely had a significant impact on worlds civilization and culture, which is evident through the influence of his Code of Laws on contemporary legal system. Words Count: 1, 490.
Bibliography: JACKSON, B. S. , "Principles and Cases: The Theft Laws of Hammurabi", (1972) 8 The Irish Jurist 161 - 170. Landau, Elaine. The Babylonians.
Brookfield, CT: The Millbrook Press, 1997. LEEMANS, W. F. , "Some Aspects of Theft and Robbery in Old-Babylonian Documents", (1957) Rivista degli Studi Oriental 661 - 666. PETERS, Edward M. , "Prison before the Prison: The Ancient and Medieval Worlds" in Normal Morris and David J.
Rothman, eds. , The Oxford history of the prison: the practice of punishment in western society, New York: Oxford University Press, 1995. RENGER, Johannes, "Wrongdoing and Its Sanctions: On 'Criminal' and 'Civil' Law in the Old Babylonian Period", (1977) 20 Journal of the Economic and Social History of the Orient 65 - 77.
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Research essay sample on Code Of Laws Eye For An Eye
