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Analyzing the Code of Hammurabi: Exploring Ancient Legal

Principles and Their Relevance in Modern Law

Article in NEGREI Academic Journal of Law and Governance · June 2024

DOI: 10.29240/negrei.v4i1.9965

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 NEGREI
Institut Agama Islam Negeri (IAIN) Curup, Indonesia
ISSN 2775-8621 (p), 2798-3803 (e)
volume 4, number 1, 2024
Academic Journal DOI: http://doi.org/10.29240/negrei.v4i1.9965
of Law and Governance

Analyzing the Code of Hammurabi: Exploring Ancient Legal

Principles and Their Relevance in Modern Law

Beny Saputra1, Olivér Bene2, David Aprizon Putra3

1 SJD Candidate, Dept of Legal Studies, Central European University (CEU), Vienna, Austria
[email protected]
2 PhD Candidate, Dept of Classical Philology and Neo-Latin Studies, University of Szeged,

Sgezed, Hungary
[email protected]
3 Lecturer, FSEI IAIN Curup, Bengkulu, Indonesia

[email protected]

Abstract. This study examines the Code of Hammurabi, an ancient legal code
that dates to early human history, to investigate its old legal ideas and evaluate
their ongoing significance in contemporary legal systems. This study seeks to
clarify the fundamental concepts that underlie Hammurabi's rules and their
lasting influence on modern legal thinking by conducting a thorough
investigation of the Code's provisions and historical background. This research
aims to provide significant insights into the development of legal norms and
their application in addressing current legal difficulties by analyzing important
elements such as justice, equity, and societal order as outlined in the Code. This
study examines the degree to which Hammurabi's legal ideas align with
contemporary legal frameworks. It provides insightful analysis on the lasting
significance and flexibility of ancient legal precedents in creating modern legal
jurisprudence. This research enhances our comprehension of the historical
origins of law and its enduring importance in contemporary legal discussions.

Keywords: Code of Hammurabi, Contemporary law, Historical law

1
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Volume 4, Number 1, 2024

Introduction
Around 1790 BCE, Babylon was the world's key cultural and commercial
center.1 King Hammurabi came to power as the sixth Babylonian King within
the region and reigned from 1792 to 1750 BCE. Based on the belief that he
would help construct a structured society that may bring safety to lots of
people, King Hammurabi initiated the method of compiling the Hammurabi
code through his platform.2
The Code of Hammurabi was developed during the reign of Hammurabi of
the First Dynasty of Babylon. It was a collection of Babylonian laws that
addressed various aspects of society, including economic provisions, family law,
criminal law, and civil law. The code was inscribed on a diorite stela and set up
in Babylon's temple of Marduk, the national god of Babylonia.3
Before the Code of Hammurabi, legal decisions were made on a case-by-case
basis, and there was no standardized set of laws. Hammurabi created the code
to protect his citizens and establish a more organized legal system.4 The code
covered a wide range of issues, such as property rights, business transactions,
and social relationships. It was written in the Akkadian language and applied to
a broader realm than any single country, aiming to integrate Semitic and
Sumerian traditions and peoples.5
The Code is the longest surviving text from the Old Babylonian period.6 It is
engraved in stone - a pillar of black diorite 8 feet high - and was located at the
heart of the temple in the city of Sippar. The stone, which is now located in the

1 G. B. and M. E. J. Richardson, ‘Hammurabi’s Laws: Text, Translation and Glossary’,

Journal of the American Oriental Society 122, no. 1 (January 2002): 178,
https://doi.org/10.2307/3087720.
2 Jørgen Laessøe, ‘On the Fragments of the Hammurabi Code’, Journal of Cuneiform Studies

4, no. 3 (June 1950): 173–87, https://doi.org/10.2307/1359190.

3 B. and Richardson, ‘Hammurabi’s Laws: Text, Translation and Glossary’.
4 George S. Duncan, ‘The Code of Moses and the Code of Hammurabi’, The Biblical

World 23, no. 3 (March 1904): 188–93, https://doi.org/10.1086/473361.

5 Pamela Barmash, The Laws of Hammurabi (Oxford University Press, 2021),

https://doi.org/10.1093/oso/9780197525401.001.0001.
6 A. H. Godbey, ‘The Chirography of the Hammurabi Code’, The American Journal of

Semitic Languages and Literatures 20, no. 2 (January 1904): 137–48,

https://doi.org/10.1086/369506.
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Beny Saputra, Oliver Bene, David Aprizon Putra
Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their
Relevance in Modern Law

Louvre in Paris, was discovered by a French archaeological mission in 1901.7

The material and form of the stone suggests that it was intended as a permanent
fixture with the intention of being seen publicly.8
The Code formed part of contemporary Mesopotamian law collections and is
one of the earliest known examples of a real 'code' of law.9 It was a 'remarkable
piece of legislation' which laid the foundation for all subsequent legal codes
across the ancient Near East.10 The aim of the Code, according to the prologue,
was to 'bring about the rule of righteousness in the land, to destroy the wicked
and the evildoers; so that the strong should not harm the weak'.11 The prologue
is attributed to Hammurabi himself, and the 'epilogue' to the god Marduk. All
windows were common in the region. It is believed that the subjects covered by
the Code of Hammurabi sought to regulate public and private life and
encouraged order and equity.
The discovery of the original text has allowed for a greater understanding of
how the ancient Babylonian society functioned and gives modern historians an
insight into the values and needs of people living nearly four thousand years
ago. There is, however, evidence to show that the Code was not just for the
benefit of the citizens of Babylonia - an indication that the King was trying to
enhance his power and prestige both within and beyond his own land. This is a
common theme when considering society and legislation; throughout history,
rulers have sought ways to control subjects and demonstrate their own
authority. Such a critical examination of the Code considering the origins and
intentions of the King can provide a fuller understanding of its use and
applicability in ancient society.

7 Francis Rue Steele, ‘The Code of Lipit-Ishtar’, American Journal of Archaeology 52, no. 3 (1

July 1948): 425–50, https://doi.org/10.2307/500438.

8 David G. Lyon, ‘The Structure of the Hammurabi Code’, Journal of the American Oriental

Society 25 (1904): 248, https://doi.org/10.2307/592564.

9 V. E. G. Kenna, ‘Ancient Crete and the Use of the Cylinder Seal’, American Journal of

Archaeology 72, no. 4 (1 October 1968): 321–36, https://doi.org/10.2307/503826.

10 Katrien De Graef and Anne Goddeeris, ‘Law and (Dis)Order in the Ancient Near

East’, 2021, https://api.semanticscholar.org/CorpusID:236698513.

11 Robert Francis Harper and A. H. Godbey, ‘Text of the Code of Hammurabi, King of

Babylon (About 2250 B. C.)’, The American Journal of Semitic Languages and Literatures 20, no. 1
(October 1903): 1–84, https://doi.org/10.1086/369501.
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By and large, the introduction to the code decorated an excellent picture of

King Hammurabi and portrayed him as a loving and merciful ruler.12 It might
be an attempt by the clergy to appease the people of Babylon who were
unhappy with the harsh laws by showing that Hammurabi was chosen by the
gods to be king. At the same time, the final and most important audience can
be the scribes who have been employed as judges since it was the scribes who
were going to benefit financially from the copying of the laws for individuals.
The immense impact that the Code has had on numerous different cultures
ensures a protracted lifetime to its influence. It's worthwhile and significant to
review the King Hammurabi and the historic background of the Code in order
that a radical analysis of the potential intentions and impacts of the Code could
be made. King Hammurabi, who reigned within the early Babylonian interval
from 1792 to 1750 BCE, is the key figure of the introduction.13
His intention for compiling the Code was to create a good, authorized
framework for the Babylonian society and its current and future residents so
that the society is constructive and prosperity.14 Although it's cheap to argue
that King Hammurabi did handle to achieve bringing a few structured societies
that assured safety to the folks, especially to the merchant class, it ought to be
noted that the Code was removed from reaching the imaginative and prescient
which King Hammurabi claimed he had.
Some 900 years after Hammurabi's death, the Babylonian king had not been
forgotten. His legal code was inscribed on a stele in 1901.15 During the year
1901, however, there was a tragic fire at the location of the temple of Marduk.
While the Etemenanki was being rebuilt, the architect's employees found the
stele of Hammurabi and declared the invention. From then till 1902 the stele
and the inscription have been fully lifted. It was then transported by a
delegation of American and Turkish consultants to the Louvre in Paris, the
place it was returned to France.16

12 Theophile J. Meek, ‘A New Interpretation of Code of Hammurabi §§ 117-19’, Journal

of Near Eastern Studies 7, no. 3 (July 1948): 180–83, https://doi.org/10.1086/370876.
13 Laessøe, ‘On the Fragments of the Hammurabi Code’.
14 Meek, ‘A New Interpretation of Code of Hammurabi §§ 117-19’.
15 Steele, ‘The Code of Lipit-Ishtar’.
16 Christoph Schmidhuber, ‘The Language of Filiation in the Code of Hammurapi’,

Journal of Near Eastern Studies 79, no. 2 (1 October 2020): 197–208,

https://doi.org/10.1086/710310.
 5
Beny Saputra, Oliver Bene, David Aprizon Putra
Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their
Relevance in Modern Law

On December 21, 1907, a reproduction of the stele of the Code of Hammurabi

was offered to the temple by the French government to mark its rebuilding.
However, in 1915 "the stele was put in its proper place by the Order of the
German Military Government by the Governor of Baghdad" and this amended
stele inscription is still in Iraq to today.17
Modern day criminal laws are developed to safeguard the rights of individuals,
to ensure that the guilty are held accountable and the innocent are protected. 18
These laws are generally developed considering the cultural, political, and
societal influences of the time. Throughout the various historical stages of law,
religious laws have been a significant influence in the development of the
criminal laws and provided some form of legal foundation to build upon. This
is especially true of the Ancient Middle Eastern Cultures, specifically the code
of Hammurabi.
Through a detailed examination of the historical context, structure, and content
of the code, this study seeks to uncover the foundational legal principles it
embodies and their relevance in the context of contemporary legal frameworks.
By comparing Hammurabi's laws with modern legal theories and practices, this
research aims to shed light on the underlying principles that have transcended
time and continue to shape legal thought and practice today.
In exploring the connections between the ancient legal principles of the Code
of Hammurabi and modern legal systems, this research aims to contribute to a
more nuanced understanding of the evolution of legal systems and the potential
of ancient legal principles to advance modern jurisprudence. This study also
underscores the importance of interdisciplinary approaches to legal studies and
the value of historical perspectives in shaping the future of legal systems.
This research will provide a detailed analysis of the Code of Hammurabi, its
historical context, and its implications for modern law. By examining the code's
principles and their relevance in contemporary legal frameworks, this study will
offer a fresh perspective on the enduring legacy of ancient legal principles and
their potential to shape the future of legal systems.

17 John Witte, ‘Introduction to “Christianity and Law: An Introduction”’, 2008,

https://api.semanticscholar.org/CorpusID:159843876.
18 Pedro Savaget Nascimento, ‘Philosophy and Law in Ancient Rome’, Netherlands Journal

of Legal Philosophy 48, no. 1 (July 2019): 29–47,

https://doi.org/10.5553/NJLP/221307132017046010001.
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Research Method
In this research, the historical context method is employed to analyze the Code
of Hammurabi and explore its relevance in modern law. This method involves
examining the cultural, social, and political context of the Code of Hammurabi,
which was established by the Babylonian King Hammurabi around 1750 BCE
and contained 282 laws.
The historical context method is particularly useful in understanding the Code
of Hammurabi, as it provides insights into the economic principles and legal
practices of ancient Mesopotamia. By examining the Code in its historical
context, this research highlights the enduring legacy of Hammurabi's laws and
their implications for contemporary legal frameworks.
This research draws on a range of sources, including academic articles, historical
records, and archaeological findings, to provide a comprehensive analysis of the
Code of Hammurabi. The use of the historical context method enables a
nuanced understanding of the Code's principles and their relevance in modern
law, shedding light on the evolution of legal systems and the potential of
ancient legal principles to advance modern jurisprudence.
This study employs the historical context approach to examine the content of
The Code and derive the underlying economic principles. This research
examines the historical backdrop of the Code and uncovers the fundamental
legal concepts it represents. It also explores how these principles are still
relevant in modern legal contexts. The research findings enhance our
understanding of how legal systems have evolved and highlight the potential of
ancient legal concepts to promote modern jurisprudence.

Discussion and Analysis

The Code of Hammurabi, known for its unique structure and organizational
effectiveness, consisted of three distinct sections, each playing a crucial role in
shaping the legal system of ancient Mesopotamia.19 To understand its
significance, the code can be divided into the following three sections - the laws
dictated by the gods, the implementation guidelines, and the specific legal
provisions and their accompanying consequences.

19 J Dyneley Prince, ‘The Code of Hammurabi’, ed. Robert Francis Harper et al., The
American Journal of Theology 8, no. 3 (1904): 601–9, http://www.jstor.org/stable/3153895.
 7
Beny Saputra, Oliver Bene, David Aprizon Putra
Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their
Relevance in Modern Law

The initial segment encompassed the first 44 articles, which were divine laws
explicitly established by the gods themselves. These sacred regulations served as
the foundation of Hammurabi's duties as a king, mandating his adherence to
the heavenly decrees. Imbued with divine authority, these laws were revered as
absolute and irrevocable, leaving no room for interpretation.20
In the subsequent 44 articles, one could witness the seamless continuation of
the laws presented in the previous section. These articles focused on the
practical implementation of the divine laws, elucidating the intricate procedures
and mechanisms employed within the legal system. They provided guidance on
how the laws should be enforced and the institutions responsible for
maintaining order and justice.
The final and most extensive part of the code comprised 282 articles
meticulously outlining specific laws and their corresponding consequences.
These comprehensive provisions encompassed various aspects of Babylonian
life, including matters related to commerce, property ownership, personal
relationships, and criminal offenses.21 By enumerating the exact punishments or
compensations that ought to be meted out, the code aimed at ensuring
uniformity and fairness in legal proceedings.
This distinctive structure and sequential arrangement of the Code of
Hammurabi enabled an efficient legal framework for the time. While the laws
themselves were precise and unambiguous, leaving little room for subjective
interpretation, the inclusion of prologues offered valuable insights for judges
tasked with interpreting and applying them. Although the code lacked explicit
advice on implementation methods, any ruler who dutifully followed the laws
outlined in the latter part of the code was effectively upholding the divine
mandates set forth in the initial section. Thus, this structure fostered a
harmonious relationship between earthly rule and heavenly decree, ensuring the
just and proper governance of the ancient Babylonian society.

20 David P. Wright, ‘The Laws of Hammurabi and the Covenant Code: A Response to

Bruce Wells’, Maarav 13, no. 2 (1 December 2006): 211–60,

https://doi.org/10.1086/MAR200613205.
21 Robert Francis Harper, ‘Notes on the Code of Hammurabi’, The American Journal of

Semitic Languages and Literatures 22, no. 1 (October 1905): 1–28,

https://doi.org/10.1086/369552.
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The prologue of the Hammurabi Code outlines its intentions and purpose.22 It
begins with a description of the gods who instructed King Hammurabi to bring
about justice to the land of Mesopotamia. The prologue describes the gods,
their attributes, the land between the two rivers and the people they watch over.
Then, it goes on to the reasons why the gods decided that Hammurabi should
be gifted with the law, listing the objectives and aims of the code, and how it is
the embodiment of the law.23
The idea that Hammurabi is a savior figure and the patron of Marduk are also
celebrated in the last few statements of the prologue. The prologue is very
useful to historians and students of ancient Mesopotamia in understanding the
social and juridical context in which the code was written, and the religious
significance of a secular code of law to the people of the time.24 We can see that
in the document itself, the laws, the punishments, the regulations. There is a
great deal of the code that is concerned with the who can do what to who - but
not all of it is conducive to maximizing pleasure. There are whole articles, areas
of law which outline how and in what circumstances you can bring a claim
against a physician, a medic. We see from this that not only was there a
structured legal process by which one could make a claim, but there was also an
attempt to regulate a good, what we would call, type of medical care.
There were sanctions for physicians who stepped out of those rules. These early
attempts to regulate medical treatment and introduce experts' evidence into
court exist in present day law; for example, the legal requirement for all medical
professionals to have an insurance policy covering any potential negligence
claim is very similar to the responsibility set out in Hammurabi's code.25 This
close interconnectedness of medical ethics and law in the ancient world is
reflected in the modern era, showing how the original aims and purposes of a
code of law can have a lasting impact on the society that uses it.

22 ISAAC BOAHENG, ‘Exploring the Relationship between the Mosaic Code and the

Hammurabi Code’, All Nations University Journal of Applied Thought, 30 November 2020, 77–89,
https://doi.org/10.47987/CEFD7600.
23 B. and Richardson, ‘Hammurabi’s Laws: Text, Translation and Glossary’.
24 B O, ‘A’, Journal of Mother-Tongue Biblical Hermeneutics and Theology, 31 August 2022, 30–

44, https://doi.org/10.38159/10.38159/motbit.2022422.
25 S. Langdon, ‘The Sumerian Law Code Compared with the Code of Hammurabi’,

Journal of the Royal Asiatic Society 52, no. 4 (15 October 1920): 489–515,
https://doi.org/10.1017/S0035869X00148543.
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Beny Saputra, Oliver Bene, David Aprizon Putra
Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their
Relevance in Modern Law

The prologue portrays Hammurabi as a pious ruler who is appointed by divine

forces to establish the code. Hammurabi expresses his intention to ensure the
visibility of justice in the kingdom, eradicate the wicked individuals, and prevent
the strong from oppressing the helpless.26 In contrast, the epilogue adopts a
self-congratulatory tone, as Hammurabi asserts that the rules represent his
remarkable accomplishment and urges individuals to derive a moral lesson from
them.27 Nevertheless, he also asserts that "if a future ruler of the land does not observe
the words of this law... may the great god that I believe in destroy his seat. May I destroy his
sovereignty... and may a foreign enemy come and overthrow his land.”.28 Both moral and
political pressure is exerted on future Babylonian rulers to uphold the law due
to its perceived sacred nature as a divine directive from God. This is particularly
significant in a society where religion and governance are deeply intertwined.
Furthermore, while Hammurabi associates the welfare and unity of society with
the governance of the "Great GOD," it also suggests that individuals should
revolt if the code is not being adhered to, as God will guarantee justice on their
behalf.

Table 1. Structure of the Code of Hammurabi

Structure Explanation

Prologue and Epilogue The prologue of the code, albeit

concise, includes a sequence of
comments and provides an overview of
Hammurabi's role as the lawgiver. It is
crucial to consider that the prologue
and epilogue of the code were most
likely not written by Hammurabi
himself, but by a scribe or another
someone belonging to the educated

26 John Pearn, ‘Hammurabi’s Code: A Primary Datum in the Conjoined Professions of

Medicine and Law’, Medico-Legal Journal 84, no. 3 (9 September 2016): 125–31,
https://doi.org/10.1177/0025817216646038.
27 George E Vincent, ‘The Laws of Hammurabi’, American Journal of Sociology 9, no. 6

(1904): 737–54, http://www.jstor.org/stable/2762088.

28 R H Pfeiffer, ‘An Analysis of the Hammurabi Code’, The American Journal of Semitic

Languages and Literatures 36, no. 4 (1920): 310–15, http://www.jstor.org/stable/528333.

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scribe class. The allusions to

Hammurabi in the third person in the
text show that it is likely for a monarch
to refrain from boasting about his own
achievements. Instead, he would prefer
to have them presented in a more
impartial manner by someone else.
Moreover, it is challenging to envision a
scenario in which a king, who had made
the decision to revise the foundation of
the legal system, could set aside his
authority and proceed with the task.
This is because a legal document like
the code was believed to be a direct
bestowal from the gods, and anyone
who violated it would incur divine
retribution. While contemporary
scholars may view the prologue to the
code as a piece of propaganda, due to
its depiction of the god Marduk
appointing Hammurabi to establish
legislative order and the king's
successful rule over his subjects after
the implementation of the legislation,
all social classes in Babylonian society
would have regarded these words with
utmost seriousness. Furthermore, the
gods are held in great reverence, as seen
by the mention of "gods" in the initial
lines and the indication that it was the
desire of the gods.

Laws and Punishments The code utilises a diverse range of

inventive and methodical laws, with the
Hammurabi Code adopting a
distinctively exclusive approach
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Beny Saputra, Oliver Bene, David Aprizon Putra
Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their
Relevance in Modern Law

compared to other primary sources

from this era. These sources
predominantly consist of letters and
archives that primarily focus on political
histories and conquests by individuals.
Additionally, they include self-
aggrandizing accounts found on the
walls of kings' palaces. However, the
code itself is quite distant from those
resources, as its main objective is to
democratize and make accessible the
justice system that existed in Babylonia.
It aims to ensure that all individuals
living under Hammurabi's rule would
perceive the justice they were
administering or being subjected to as
legitimate and fair. One of the most
intriguing aspects of the laws in
Hammurabi's code regarding women is
that he did not view them as mere
possessions of men, which was
different from neighboring ancient
Near Eastern cultures like the Hittites.
In addition, a novel aspect involves
laws that hold builders and property
owners responsible for falls and similar
incidents, both in terms of maintaining
the properties and compensating for
damages. This approach is innovative
and groundbreaking in the field of
jurisprudence.

Social Classes and Gender Roles Throughout the course of history,

diverse nations and civilizations have
embraced a multitude of sociocultural
frameworks for their populations to
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adhere to. Archaeologists,

anthropologists, and historians have
mostly focused on studying societal
structures and the responsibilities
played by certain members of a
community. Despite the emergence of
more progressive and egalitarian
cultures, numerous ancient civilizations
were characterized by strong patriarchal
structures, male dominance, and social
hierarchies based on class. The Code of
Hammurabi reveals that the people of
ancient Mesopotamia highly esteemed
the gender-based social hierarchy.
According to Law number 36, it is
explicitly stated that if a guy digs a hole,
only that man is allowed to get water
from it. This legislation acknowledges
the entitlement of males to possess
their own land and explicitly declares
that water supply tools, which are
crucial resources for both plants and
human existence, are the exclusive
property of males. It emphasizes the
notion that males are the focal point of
society and should have more
advantages and authority. According to
Law number 145, if a man marries a
woman and she provides him with a
maidservant who bears him children, he
is not allowed to take another wife. It
signifies that in cases where the
husband is responsible for a problem,
he is prohibited from practicing
polygamy and taking another wife. The
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Beny Saputra, Oliver Bene, David Aprizon Putra
Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their
Relevance in Modern Law

legislation assumes that there is a

potential for women to be at fault.
Nevertheless, the legislation prohibited
the husband from marrying another
woman, indicating a shift in societal
norms towards safeguarding women's
interests. As per statutes #145 and
#146, the severity of penalty for a
crime varies depending on the
circumstances. However, the crucial
factor is that the punishment differs
only when a woman who is born free
loses her child. Law number 209
stipulates that if a lady of noble birth
miscarries due to a physical assault, the
perpetrator is obligated to provide
compensation. In contrast, Law
number 210 states that if a woman of
noble birth intentionally attacks another
woman, resulting in the loss of her
unborn child, a medical examination of
her reproductive organs will be
conducted. This statement clearly
indicates the significant focus on the
advantages that women receive, and the
more severe penalties imposed for
offences committed against them.

Source: Author analysis, from collected data

Analysis of Legal Principles

This phrase, along with the strong sense of retribution, is not always the justice
that people want, but it is certainly the justice expected. The Code of
Hammurabi, it is oftentimes said, that the oppressed may survive the
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oppressing of the oppressor.29 This entire section of laws dealing with justice
and fairness is quite intriguing and is dispersed with laws dealing with decisions
made in assembly to various cases of supporting the innocence and guilt of a
person being accused of something. The decisions made by the assembly hold
an uncanny similarity to the way the modern grand jury functions. A grand
jury's purpose is to assess the validity of the accused charges. If the accusation
is deemed valid, then a trial can be held to determine guilt or innocence. This is
analogous to the laws involved in Hammurabi's Code of decisions made by
judges involving rulings that produce a type of decision.
Laws are an important part of society, as they provide a way to maintain order
and resolve conflicts.30 These laws were of great influence on the set of laws set
by the Hebrews, which would later influence the laws of many other cultures.
"An eye for an eye, a tooth for a tooth" is a well-known saying that, in a
simplified manner, is the basic principle of most ancient legal codes.31 In just six
paragraphs, the entirety of Hammurabi's Code can be introduced and
concluded. Each of the following paragraphs will expand on an assortment of
specific laws followed by a modern comparison and legal analysis of the laws.

Principles of Justice and Fairness

The code of Hammurabi is sometimes mentioned as an early example of the
presumption of innocence. However, the assessment made previously about the
state of dy (law, justice) at this time seems to indicate that the earlier a society is,
the less likelihood there is of a truly independent, impartial, and competent
judiciary. The Jewish Virtual Library quotes a debate about justice between the
king and the philosopher Siduri; the king fails to answer the questions
propounded to him. It is inconceivable that the Code of Hammurabi could
have one day been read out by a Babylonian equivalent of Lord Denning.

29 Daniel Jones, ‘Magna Carta: The Making and Legacy of the Great Charter’, 2014,

https://api.semanticscholar.org/CorpusID:127163952.
30 Felix Cohen, ‘The Ethical Basis of Legal Criticism’, The Yale Law Journal 41, no. 2

(December 1931): 201, https://doi.org/10.2307/791552.

31 Philippa Byrne, ‘Medieval Violence, the Making of Law and the Historical Present’,

Journal of the British Academy 8s3 (2020): 133–54, https://doi.org/10.5871/jba/008s3.133.

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Beny Saputra, Oliver Bene, David Aprizon Putra
Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their
Relevance in Modern Law

Hammurabi claims that he inscribed the laws on the great stela.32 Many of the
arbitrations existent at the time which were discovered in surrounding areas
were inscribed on clay tablets. This was also a practice carried out when
recording laws; the advantage of the stela would have been its permanence and
overwhelming impressiveness. The bas-relief on the upper part that frequently
shows the King receiving the laws from the sun-God and or Shamash, the god
of justice, regrettably has no counterpart in more modern legal systems. Often,
the leadership of a legal system regularly came to believe in their divine right to
interpret law as they saw fit, i.e. Henry VIII. Whether or not this gave the
Mesopotamian kings greater conviction of the justice of their laws is
questionable. This marked influx of deus ex machina law led to a shift away
from customary law that was only to become more profound in Europe with
the codification of laws in the Napoleonic era.33 This was probably not
progressive in its day. Custom was a source of law that by its very nature was
inalienable and providing Socrates' theory of law being a social contract is
correct, our earliest ancestors had never held a public vote ratifying that they
wanted to be ruled by Hammurabi and his god.

Role of Religion and Gods in the Code

The Hammurabi code is established to be a direct representation of what the
deities Harumma and Bel have spoken. It's a symbol for clarity of law,
transparency, as it includes all matters in everyday life and omits nothing. 34 All
classes of people can see and understand the prevalent judgments, and it brings
justice to the rich and poor, weak, and strong. This is also known as the same
treatment principle. This, in turn, reflects the goals to which the deities sought.
The goal for them was to establish justice in the land, to destroy wickedness
and evil, to prevent oppression of the weak by the powerful, to be strict with

32 Mir Zohair Husain and Stephen E. Costanza, ‘Code of <scp>H</Scp> Ammurabi’,

in The Encyclopedia of Corrections (Wiley, 2017), 1–4,
https://doi.org/10.1002/9781118845387.wbeoc034.
33 Mirta Srdarev, ‘Kanonska Slika Staroindijskoga Drutva u Manuovu Zakoniku’, 2013,

https://api.semanticscholar.org/CorpusID:135135352.
34 K V Nagarajan, ‘The Code of Hammurabi: An Economic Interpretation’, 2011,

https://api.semanticscholar.org/CorpusID:35595593.
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the truth, and to enhance the law of the land. These goals lead the deities to call
for a law that possesses the characteristics attributed to justice and fairness.
The Code of Hammurabi gives us a unique insight into the ancient Babylonian's
way of life. The code is the first known record of a ruler proclaiming to be
dictated by the gods' will. It creates a "class" or an understanding for a superior
and inferior. "If the commoner shrugs off his follower and has not taken him
by the hand, if the follower sues him at a later date, this incident must be related
before the god of the follower, and he must confront the witness." This quote
imitates the giving of social class from a peasant or a commoner and his
follower to a godly figure who shows justice and fairness from the mirror
principle. The more sinister twist is closer to the end of the code, stating "If a
man puts out the eye of another man, his eye shall be put out." This signifies a
try of retributive justice from Hammurabi, seen as almost an eye for an eye, and
the twist is that it is not the social class of the person, which is prevalent
throughout the code.

Punishments and Deterrence

The code as a reflection of justice and fairness also includes the implications of
punishments which can vary from one harm to another, as the consequential
notion of strict liability was present in the code it certainly might be too abstract
of an idea. This nonetheless can be identified in several provisions in the code.
Taking an example of Hammurabi Code, Andrew Lemke has identified a
stating, "If a builder has built a house for a man, and has not made his work
sound, and the house he built has collapsed and caused the death of the owner
of the house, that builder shall be put to death." This statement certainly
indicates a form of strict liability as there is a known maxim of liability of
anything, the rule "the thing speaks for itself".35 Tasking this idea of strict
liability a step further, Barakata Karaman has referenced the provision 41 of
Hammurabi Code, "If a man has put out the eye of a citizen, his eye shall be
put out." This states the harshest form of liability for an act, almost to the point

35 Andrei Aryamov and Vladimir Kulakov, ‘Legal Acts of the Galicia-Volhynia

Principality of the 12th—13th Centuries as Historical Heritage of Domestic Medieval Law’,

OOO "Zhurnal ‘Voprosy Istorii’ 2022, no. 3–2 (1 March 2022): 77–83,
https://doi.org/10.31166/VoprosyIstorii202203Statyi34.
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Beny Saputra, Oliver Bene, David Aprizon Putra
Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their
Relevance in Modern Law

of strict liability.36 This does reflect a system of justice and fairness as punitive
measures and sentencing show consistency with the nature of the crimes
committed. Measures to ensure that judgments are meted out fairly are also
seen in the code. A provision such as 195 states that "ensnarement of another
person through the court must be punished by the same sentence which his
victim would have borne." A more intricate system of deterrence is seen in the
use of "ordeal" which can tie in with punishment, an act to verify one's guilt.

Protection of Property and Contracts

The Code of Hammurabi devotes far more space to this subject than any of the
others. The property provisions touch on almost all the other topics,
particularly the rights of women and the poor.37 Throughout the Code, it is
apparent that it was shaped from a Babylonian upper class, propertied
perspective. Class bias is present in the fifty laws which follow paragraph 256
dealing with sales and purchases, through to a clear final statement of class bias
in Ezekiel's variation on the Code in 20:25-26. Measures of tort law are an area
where the Code's interest is in protection of the propertied rather than being
uniformly protective of all citizens. High value has always been placed on the
stealing of property, particularly government property, by rulers concerned to
secure their own wealth and power. Later Greek law evidence accidental death
or injury as being actionable because of loss of property, and neighbor disputes
in relation to property are a cause of municipal litigation to the present day. 38
But compared with earlier Sumerian or contemporary Assyrian law, the Code is
distinctive in its severity about theft and burglary. If a charge was brought
against a man for a theft, he and with two to three witnesses as opposed to the
accuser underwent ordeal through water.

36 Stephen E Sachs, ‘From St. Ives to Cyberspace: The Modern Distortion of the

Medieval “Law Merchant”’, 2005, https://api.semanticscholar.org/CorpusID:110856582.

37 Nagarajan, ‘The Code of Hammurabi: An Economic Interpretation’.
38 Lisa Kallet-Marx et al., ‘Institutions, Ideology, and Political Consciousness in Ancient

Greece: Some Recent Books on Athenian Democracy’, Journal of the History of Ideas 55, no. 2
(April 1994): 307, https://doi.org/10.2307/2709902.
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Treatment of Women and Slaves

Now, this suggests that the code was to protect the well-being of all citizens,
including women and slaves, but does not ensure any real results for those two
groups.39 The mere fact that the case was not specifically created to keep their
well-being in mind suggests that at best, the case could end up helping them,
but none of the rights of the upper classes were rescinded to aid these classes.
Measures could have been taken to ensure that certain rights of the upper
classes would not infringe on the rights of women and slaves. For example, in
cases 146 and 190, it is said that if a man has purchased a slave or slave girl and
a third person has maligned the slave and said, "That slave girl is a prostitute, let
her mistress strike her," or "That slave is bad, let his master cut off his ear,"
provided in each instance that the third person cannot prove the allegations, the
master of each slave is then to take a pure silver punch worth the value of the
slave to expiate the statement. This would be a good protection for the slave
and his/her reputation and well-being, but it does not consider the feelings of
the master or well-being of the third person who may have simply said
something careless.
"Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring
about the rule in the land. I am the king who set the well-being of the people, to make the
land a good place (lit. straight) within my case. The case is good or bad, let the afflicted man
come in his trouble to me. I will take hold of the good of the oppressed. I took hold of the case
of the afflicted man, whether it is good or bad. I am the shepherd who seeks to bring about the
well-being of his people."40
Though the Hammurabi law code does much to protect and ensure a stable life
and future for his citizens, that does not mean that it is universally the best for
everyone under all circumstances. In the case of women and slaves, the rights
and general well-being of these two groups is significantly lowered in terms of
being protected and ensured a good life by this law code. Often this is seen as
the beginning of laws that unfairly target one specific group for the benefit of
the whole, but that is a topic for a different time.

39 The Laws of the Salian Franks (University of Pennsylvania Press, 1991),

https://doi.org/10.9783/9780812200508.
40 Danijela Kovačević, ‘A Historical-Legal Review of Hammurabi’s Code’, Pravo - Teorija i

Praksa 39, no. 1 (2022): 71–82, https://doi.org/10.5937/ptp2201071K.

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Beny Saputra, Oliver Bene, David Aprizon Putra
Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their
Relevance in Modern Law

Relevance to the Modern Law System

The Hammurabi Code exerted a significant influence on the concept of justice,
with certain principles and laws from it being incorporated into modern legal
systems. In early society, the justice system comprised two distinct courts: one
dedicated to the nobility and another for the ordinary populace. If an individual
of low socioeconomic status accuses an affluent individual of committing a
crime, the prosperous defendant has the option to choose for the jurisdiction of
the aristocratic court. Nevertheless, according to the regulations of
programming, it explicitly specifies that both individuals, regardless of their
social status, must appear before the same court. By implementing this
regulation, the Code of Hammurabi has effectively reformed the early legal
system to provide fairness for all individuals, while also reducing widespread
social bias.
Furthermore, the concept of "presumption of innocence" can be traced back to
the legal principles established by Hammurabi. In the historical context of the
ancient Near East,41 the law codes that came before, such as the Sumerian and
the Akkadian, have been preserved as inscriptions created by monarchs during
their reigns, but unfortunately, these inscriptions have suffered significant
damage.
The Code of Hammurabi has been remarkably well maintained due to the
strategic placement of memorial copies in temples across the land, reducing the
likelihood of its loss over time.42 These temples frequently endured beyond the
rule of a single person, so guaranteeing the preservation of the laws and the
society established on these laws. The Code of Hammurabi is today widely
regarded as a valuable source for understanding Babylonian civilization due to
its effective historical preservation. It provides a detailed insight into various
aspects of Babylonian society, including merchants, land transactions, adultery,
family troubles, and more. The laws created by the people, for the people, play
a crucial role in the advancement of civilization. The principles established by
the Code of Hammurabi, including the protection of defendants' rights and the

41 Amélie Kuhrt, The Ancient Near East c. 3000-330 Bc (Routledge, 2020),

https://doi.org/10.4324/9780203436257.
42 Karl Loewenstein, ‘The Administration of Justice’, in The Governance of ROME

(Dordrecht: Springer Netherlands, 1973), 293–300, https://doi.org/10.1007/978-94-010-2400-

6_14.
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government's responsibilities, as well as the implementation of corruption-free

legal systems, can still be used to assess the effectiveness of modern legal
systems in society.
After many copies of the Hammurabi Code had been distributed over a wide
territory, legal systems in ancient Mesopotamia began to show significant
influence of the governing laws as set out by the Code. It is important to note
that Mesopotamia consisted of several separate political entities and cities were
usually governed by temple political structures, known as theocracy.43 Such was
the nature of political organization in ancient Mesopotamia that each separate
state or city had its own temple dedicated to a different god and each city was
considered an independent entity. The political power of each city was under
the authority of the local god and the ruler was considered in effect a steward
by ancient norms. The role of judging and maintaining the social order was
within the duty of the temple leaders.
While the Code was applied by all the legal and social systems in ancient
Mesopotamia - and therefore, individuals who sought to disrupt the lives of
others that were either in keeping with the pursuit of the common good as set
out by the laws or disrespectful of the social order as the laws understood it -
the actual application of the laws and the precise form which the punishment
took varied from place to place. The power of the Code as a set of laws in the
ancient Mesopotamian society was really laid in the interpretation of the leaders
who used the laws as the guiding principle for their judgment. And there was a
lack of a formal body sanctioned by the Code that could be established to make
an appeal or no particular system that could persecute someone with a
complaint that their rights as set out by the Code had been violated. As a result,
the influence of the Hammurabi Code had really been derived from the idea
that a uniform set of laws was required for the operation of an ordered society
and its implementation had to be specifically instructed by the leadership. But
the presence of the code in ancient Mesopotamian society did not alter the
underlying dynamic of each separate state's social and legal systems: the
influence that the Code began to show in the legal and social systems really

Hu Hu, ‘Codes as Constitution: The Development of the Biblical Law-Codes from

43

Monarchy to Theocracy’, 2009, https://api.semanticscholar.org/CorpusID:159144972.

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Beny Saputra, Oliver Bene, David Aprizon Putra
Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their
Relevance in Modern Law

signified the attempt of centralizing and standardizing the political order under
a united government.
The laws, principles, and guidelines, all set up to be followed in a society, that
are derived from or inspired by Hammurabi's Code can still be seen in modern
legal codes.44 This includes several laws passed by the United States Congress.
For example, the idea of financial responsibility - that a person or company is
obliged to pay for the harm it causes in society - may be seen as a reflection of
Hammurabi's 235th law, "If a surgeon has treated a man for a wound with a lancet of
bronze and has caused the man to die, or has opened up the eye-socket of a man and has cured
the bone, he shall have his hands cut off."45 Also, in an eye for an eye, a tooth for a
tooth, injured parties and responding through violence can be justified - and
still used as a defense for assault in some places. This was inevitable; the need
for peace and order would have often outweighed the penalties for an assault or
similar crime. But the amount of influence that Hammurabi has had on modern
legal codes should not be exaggerated. Even in its own time, his influence was
far from absolute. True, the idea of a common set of fundamental laws that all
people must obey suggests that rulers or officials could not apply the law as
they saw fit - a clear curb on authoritarianism. But in practice, this is what often
happened. And once Hammurabi's Empire fell, his code fell into disuse and
eventually was lost. Over time, its greatest effect on later legal codes was not
that they used his specific laws, but that his ideas about laws were used to create
new ones. This is a legacy that can still be seen today. By examining its
structure, language, and style, the influence of the Hammurabi code on other
legal codes, including that of the United States, can be clearly seen.
Another way that the Hammurabi Code influenced how society would be
shaped was through setting up a criminal justice system that would be vital in
every society in the world. The criminal justice system would not be to some
extent if the laws or the code from which it was based on was biased or favored
a certain group of people. Under the "Drawing the Writing Style" law, it states
that once a witness testifies for another, the two accusers would fight each

44 F. J. Ascaso, A. D. Singh, and H. S. Dua, ‘Decoding Eyes in the Code of Hammurabi’,

British Journal of Ophthalmology 95, no. 6 (1 June 2011): 760–760,

https://doi.org/10.1136/bjophthalmol-2011-300368.
45 W. G. Kett, ‘The Code of Hammurabi’, Clinical and Experimental Optometry 24, no. 2 (1

February 1941): 51–52, https://doi.org/10.1111/j.1444-0938.1941.tb03375.x.

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other and whoever's case lost, the witness would have to have his or her hand
cut off. Therefore, witnesses who know something about a case were very
reluctant to testify.46
This code meant that it created a precaution to make sure that lying in court
and submitting frivolous claims would be a deterrent. No one wanted to testify
for someone for no reason whatsoever and end up losing the case. Because of
the Hammurabi Code and the stipulation that favors no one, all people were
treated equally, and nobody was given an unfair advantage, no matter how high
you were in the social class. This criminal justice system had greatly impacted
our modern-day society in terms of laying our foundation in the development
of court and legal systems. And because laws are written down, it means that
society is bound together with some unitary structure in which all are expected
to obey and live according to. This led to the development of the importance of
written laws and the concept of "Equality before the law, that is, of equal laws"
which can be seen in the United States Constitution today.47 Therefore, the
Hammurabi Code was a huge turning point in shaping the moral standards and
the laws that govern mankind for decades and perhaps many more centuries to
come.

Critic and limitations

The Hammurabi Code undoubtedly had its imperfections, as critics have
pointed out various shortcomings in the text. This section will analyze the faults
and limits of the code, focusing on its relevance and significance. The code will
first be analyzed to identify any prejudice and inequality.48 Furthermore, the text
will now emphasize the absence of flexibility and adaptation. Lastly, the
problems pertaining to the implementation and efficiency of the code will be
examined. By assessing the influence of the criticisms and constraints, one can
gain a clearer understanding of the enduring significance of the text in the legal

46 Ceren Özek and M. Memet Özek, ‘“Code of Law” of Hammurabi’, Child’s Nervous
System 24, no. 5 (26 May 2008): 537–38, https://doi.org/10.1007/s00381-007-0510-7.
47 Csaba Varga, ‘Legal Traditions?’, Acta Juridica Hungarica 46, no. 3–4 (December 2005):

177–98, https://doi.org/10.1556/AJur.46.2005.3-4.2.
48 Lei Yong, ‘The Self-Governance of Mediaeval Cities in Western Europe:A Sociological

Analysis on the Tradition of Government in Accordance with a System of Law in Western

Society’, 2006, https://api.semanticscholar.org/CorpusID:148208921.
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Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their
Relevance in Modern Law

history of ancient Mesopotamia. The Hammurabi Code not only discusses its
shortcomings, but also offers a distinct and useful understanding of the
civilization that produced it.49 Recently, scholars like G. Lyon have made
significant efforts to scrutinize the intrinsic prejudice and inequity present in the
code.50 The concept that 'an eye for an eye' aimed to ensure fairness in
punishment is challenged. for instance, underscores the discrepancy in the
severity of punishment between a man who struck a person of higher social
status and one of lower social status. This information supports the criticisms
that the code is excessively severe, especially when considering present-day
perspectives.51 In summary, despite the initial intention of the code being a
divine creation aimed at creating a fair society by addressing wealth inequality,
the actual outcome seems to reinforce the existing social gap that was present
when the code was formulated. Lyon promptly rejects the notion that the text is
'unjust' based on the harshness of certain penalties, arguing that it would be
'wholly improper' to evaluate the code using contemporary criteria. Thus, these
objections may be considered somewhat baseless. Below are some critics
pertaining to the Code of Hammurabi.

Table II. Critic for Code of Hammurabi

Critics Explanation

Lack of Flexibility There are few scholars apprehensive

about the economic, social, and
cultural history of Mesopotamia. The
lack of flexibility in the Hammurabi
Code is another drawback of this legal
system. The code operates under the
assumption that a great divine has
given the laws to Hammurabi to rule

49 M. Stuart Madden, ‘Paths of Western Law after Justinian’, SSRN Electronic Journal,
2013, https://doi.org/10.2139/ssrn.2313801.
50 Lyon, ‘The Structure of the Hammurabi Code’.
51 G. E. R. Lloyd, ‘(M. C.) Stokes One and Many in Presocratic Philosophy. Washington

D.C.: Center for Hellenic Studies; London: Oxford University Press. 1972. Pp. Ix + 355.
£5·75.’, The Journal of Hellenic Studies 93 (18 November 1973): 244–48,
https://doi.org/10.2307/631487.
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Babylon. The code lacks procedures to

address case-by-case societal issues.
For example, there is no alternative or
plea allowed when people are accused
of crimes. There is only one worn-out
solution for all kinds of legal
problems. The text mentions
observations or hypotheses made by
fellow scholars. In my research, I have
read an article written by de Tracy, a
French scholar of the eighteenth
century. De Tracy condemns the code
as the most full and best example of
the excessive and cruel severity of
ancient laws. He has observed that the
nature of capital punishment stipulated
by the code makes it routine and
diminishes the respect for law,
authority, and people's lives. Also, de
Tracy adds that the code is not for
every society but for despotism. He
points out that the code was used to
strengthen the despotic authority of
Hammurabi over the space of
Babylon, which the total rigidity of the
code aims to regulate day-to-day life
and bring civil order. Not only is de
Tracy concerned about the lives of
Babylonians, but he also questions the
relationship between men and the
supreme power. He suggests that the
code reflects the image of an arrogant,
severe, and tempted king who cares
for his own lust but has no sympathy
for his people. For a long time in
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Beny Saputra, Oliver Bene, David Aprizon Putra
Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their
Relevance in Modern Law

history, laws were given under the

claims of religious authority. As de
Tracy points out, "men were told that
it is the work of God." His argument
is still valid nowadays, showing that
the lack of flexibility problem in the
code engenders severe and unequal
penalties and denounces people's
feelings. Regardless of how powerful
the king was, men are still under the
shackle of annulment of mercy and
compassion. This argument is crucial
because it implies and introduces the
critical evaluation of the code through
the viewpoint of libertarianism, rather
than traditional critical theory. He
prompts readers to consider the code
as nothing but a sheer instrument of
power and despotism.

Enforcement and Effectiveness Hammurabi’s code outlined the way of

life, and the code was established to
aid people in remaining in order. The
code was meant to regulate and
enforce the laws of the society like
arrest, criminal law, and court
organization. The laws and their
punishments are set, which benefits
the powerful. The rich and the poor
were not treated equally as there were
different sets of laws for each social
class. Since the poor had very little
power, the most common legal system
was that the wealthy would bribe the
judge to win a case. The poor,
however, did not have the money to
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do so and often lost. Judgment was

focused on what the accused said or
how he answered a question, instead
of supporting his case with facts and
evidence. Also, sometimes the
punishments created a larger problem
than it was supposed to fix. One of
the ways Hammurabi’s codes was
effective was that it enforced a
fundamental ethic in his society that
everyone was equal in the eyes of the
law. However, with limited
technology, poor communication, and
many ways of interpreting the "eye for
an eye" system meant the code was
difficult to enforce. The idea of using
physical punishment as a disciplinary
tactic spread quickly through Europe.
However, some people started to see
the benefit of allowing judges to
decide suitable punishment. The code
was difficult to be enforced because of
too many laws and the first portion of
every class was spent learning all the
information. Hammurabi’s code was
one of the first attempts in on written
law. The whole structure of this set of
laws was effective. The structure
enforced provided a kind of stability
and the ability for the society to move
on. While there were many flaws, the
enforcement and the penal system
under Hammurabi’s code was one of
the most significant parts of it. In
conclusion, Hammurabi’s code was
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Beny Saputra, Oliver Bene, David Aprizon Putra
Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their
Relevance in Modern Law

effective in ancient Mesopotamia's

society because it successfully began
the idea of faith in a centralized
government, whereas before no such
idea existed. Also, the code was the
first one to put the fundamental ethic
that everyone is treated the same
under the law into practice. But the
enforcement and the penal system by
and large were the most crucial factor
in Hammurabi’s code, for they
supplied its stability and longevity
throughout the ancient Mesopotamian
empire.

Bias and Inequality The content of the laws in the

Hammurabi Code was displayed
almost completely in terms of
penalties for crimes committed. It also
details the method and the way the
trial process should take place when a
citizen was accused of a certain crime.
That's why the code was referred to as
"a well-preserved Babylonian code of
law of ancient Mesopotamia."
However, while the existence of such
an organized and well-preserved set of
laws had been aiding historians to
appreciate the development of ancient
society better, the truth is, the
existence of the code itself had
intensified discrimination and
inequality among ancient
Mesopotamian society as well. As I
mentioned earlier, it was a
Mesopotamian code of law, and it was
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used by the best-governed and ancient

Mesopotamia. However, when we're
talking about "the best-governed," one
might interpret it in various ways. This
could refer to the rich and powerful
people in society as they're the
governors to the others, or it could
refer to those literally in charge of the
whole society. As a result, most of the
laws in the Hammurabi Code were in
favor of the upper and higher class in
society. For instance, men are treated
as individuals and have more rights
compared to women. It's clearly stated
in the 142nd law of the code that "if a
man takes a wife and this woman gives
her husband a maid and she bears him
children." However, if the woman was
the first wife and she can't accept the
existence of the second wife, she will
have inexpressible rights to slander the
second wife as much as she wants.
The reason being is that "the woman
shall be cast into the water." Well, if
the husband would like to save his
second wife, he'll have to save the first
wife first. And if the first wife drowns,
at this stage, the second wife shall be
set free from the punishment.

Source: author analysis, from collected data

Throughout its development, Hammurabi's Code has been criticized and

judged amongst the history of its time. The criticism that is the most interesting
is its meaning in our society today. The law codes of rule of retaliation and the
many other Mesopotamian laws provide a framework for comparison of the
 29
Beny Saputra, Oliver Bene, David Aprizon Putra
Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their
Relevance in Modern Law

present "culture of injustice."52 Retaliation assumes that it is natural to seek

revenge and that it is alright to cause damage to your perpetrator in return
instead of seeking a solution in which no one is hurt. It's here that we may find
a mirror in our own society with the high incidence of violent crimes
committed on impulse. The United States' increasing reliance on incarceration
as a form of punishment, including for non-violent crimes, is not only like the
Babylonians and their idea that the one who "let the evil deed escape" from him
should be punished in a like manner.53
This form of punishment has not resolved the U.S.'s crime problem and the
risk positive it has created a large caste of people with the stigma of a criminal
conviction, which makes it difficult for them to find work, greatly paralleling
the disenfranchised man of Hammurabi's code who sold himself, his wife, his
child, or his freedom according to the severity of his crime and the man who
could not pay his debts and was eventually put to death because he could not
serve as a "good" surety.54

Conclusion
The Code of Hammurabi, a seminal legal document from ancient Mesopotamia,
offers valuable insights into the foundational legal principles of a civilization
that thrived over 3,000 years ago. Despite its age, the code's relevance to
contemporary legal systems is profound, with principles such as justice, fairness,
and accountability continuing to shape modern legal thought and practice.
By examining the historical context of the Code of Hammurabi, this research
has highlighted the enduring legacy of Hammurabi's laws and their implications
for contemporary legal frameworks. The Code's principles, such as the "eye for
an eye" concept, have resonated throughout legal history and continue to shape
legal thinking today.

52 Ira M. Price, ‘The Relation of Certain Gods to Equity and Justice in Early Babylonia’,

Journal of the American Oriental Society 52, no. 2 (June 1932): 174,
https://doi.org/10.2307/593172.
53 John Davies, ‘The Gortyn Laws’, in The Cambridge Companion to Ancient Greek Law

(Cambridge University Press, 2005), 305–27, https://doi.org/10.1017/CCOL0521818400.017.

54 R. M. Cook, ‘Carl W. Blegen, Hazel Palmer, Rodney S. Young: Corinth. Volume Xiii:

The North Cemetery. Pp. Xv + 344; 130 Plates, 3 Plans, 25 Figs. Princeton, N.J.: American
School of Classical Studies at Athens, 1964. Cloth, $35.’, The Classical Review 15, no. 03 (27
December 1965): 367–68, https://doi.org/10.1017/S0009840X00261891.
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Despite debates over the Code's purpose, underlying principles, and language, it
remains a significant historical document that has left a lasting impact on the
development of legal systems worldwide. By exploring the ancient legal
principles embodied in Hammurabi's laws and their relevance in modern law,
this research contributes to a deeper understanding of the enduring legacy of
one of the earliest known legal codes in human history.
In conclusion, the Code of Hammurabi stands as a testament to the evolution
of legal thought and practice, offering valuable lessons on justice, governance,
and societal organization. The code's principles, while rooted in ancient
Mesopotamia, continue to shape modern legal systems, and underscore the
importance of justice, fairness, and accountability in legal frameworks.

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