The Code of Hammurabi: An Ancient Legal Legacy

Introduction

The Code of Hammurabi, one of the oldest deciphered writings of significant length in the world, stands
as a cornerstone in the history of legal development. Created around 1754 BCE by King Hammurabi of
Babylon, the code contains 282 laws engraved on a stone stele, offering insight into Babylonian society,
justice, and governance. These laws addressed various aspects of daily life, including commerce,
property, family, and crime, and were guided by the principle of retribution—often summarized as “an
eye for an eye”. As one of the earliest codified legal systems, Hammurabi’s Code not only shaped
Mesopotamian civilization but also laid a foundation for later legal traditions such as the Mosaic Law and
Roman Law.1

Body

Historical Context and Structure

The Code was created during Hammurabi’s reign when Babylon had become a dominant power in
Mesopotamia. The laws are inscribed in Akkadian cuneiform on a basalt stele over 7 feet tall. At the top
of the stele is a depiction of Hammurabi receiving the law from Shamash, the sun god and god of justice,
symbolizing the divine origin of the laws. The laws were grouped by topic and covered civil, criminal,
and economic affairs.

Key Legal Principles

One of the most striking aspects of the Code is its lex talionis, or law of retaliation. For example, if a man
destroyed the eye of another man, his own eye would be destroyed. However, this principle was not
applied equally; the laws distinguished between different classes of people—nobles, commoners, and
slaves. This stratification reflects the hierarchical nature of Babylonian society. 2

1
Roth, M. T. (1997). Law Collections from Mesopotamia and Asia Minor. Society of Biblical Literature
2
Van De Mieroop, M. (2005). King Hammurabi of Babylon: A Biography. Blackwell Publishing.
Legal areas covered in the Code of Hammurabi, along with specific provisions and
examples3

law Legal Area Specific provisions example

1-5 Offences false charges (1–2)

against the false testimony (3–4)
administration falsification of judgement (5) If a man accuses another
of law man and charges him with
homicide, but cannot
bring proof against him,
his accuser shall be killed.

6-25 stealing and receiving stolen If a man breaks into a house,

property (6–13) they shall kill him and hang
Property kidnapping (14) him in front of that very
offences harbouring fugitive slaves (15–
breach.
20)
breaking and entering (21)
burglary (22–24)
looting burning houses (25)

26–k Land and If a man has a debt lodged

houuse tenure of fiefs (26–41) against him, and the storm-
duties of farmers (42–48) god Adad devastates his
debts of farmers (49–52)
field or a flood sweeps away
irrigation offences (53–56)
cattle trespass (57–58) the crops, or there is no grain
cutting down trees (59) grown in the field due to
care of date orchards (60–a) insufficient water—in that
 offences connected with year he will not repay grain
houses (b–k) to his creditor; he shall
suspend performance of his
contract [literally "wet his
clay tablet"] and he will not
give interest payments for
that year.

l–126 Commerce

3
Watson, A. (1995). The Spirit of Roman Law. University of Georgia Press.
 If a merchant should give
loans and trade (l–107) silver to a trading agent
innkeeping (108–111) for an investment venture,
fraud by couriers (112) and he [the trading agent]
distraint and pledge of persons
for debt (113–119) incurs a loss on his
safe custody or deposit (120– journeys, he shall return
126) silver to the merchant in
the amount of the capital
sum.

Comparison with Mosaic Law and Roman Law

The Mosaic Law (e.g., the Ten Commandments and laws in Leviticus and Deuteronomy) shares
similarities with Hammurabi’s Code, especially in areas like property, family, and crime. Both feature
divine authority and moral instruction, yet the Mosaic Law places more emphasis on ethical monotheism
and community covenant. Additionally, forgiveness and mercy are emphasized more in Mosaic tradition
than in Hammurabi’s strictly retributive code.4

In contrast, Roman Law, which developed later (around 449 BCE with the Twelve Tables), was more
systematic and secular in nature, focusing on citizen rights and legal procedure rather than divine
retribution. Roman Law contributed concepts such as legal precedent and citizenship rights, making it a
closer ancestor to modern legal systems than Hammurabi’s Code.5

4
Driver, G. R., & Miles, J. C. (1952). The Babylonian Laws. Oxford University Press.
5
Wright, D. P. (2009). Inventing God's Law: How the Covenant Code of the Bible Used and Revised the Laws of Hammurabi. Oxford
University Press.
Conclusion

The Code of Hammurabi remains a monumental achievement in the evolution of law. Though rooted in a
rigid and hierarchical society, it established the notion that laws should be publicly known, codified, and
enforced uniformly. Compared to later legal systems, it reflects a transition from divine rule to structured
legal governance. The Code influenced not only neighboring civilizations but also laid groundwork for
future codes that emphasized fairness, rights, and justice. Studying Hammurabi’s laws offers valuable
insight into both ancient civilization and the long, complex journey toward modern legal systems.

Optional: Bibliograph

1. Roth, M. T. (1997). Law Collections from Mesopotamia and Asia Minor. Society of Biblical
Literature.

2. Van De Mieroop, M. (2005). King Hammurabi of Babylon: A Biography. Blackwell Publishing.

3. Driver, G. R., & Miles, J. C. (1952). The Babylonian Laws. Oxford University Press.

4. Wright, D. P. (2009). Inventing God's Law: How the Covenant Code of the Bible Used and Revised the
Laws of Hammurabi. Oxford University Press.

5. Watson, A. (1995). The Spirit of Roman Law. University of Georgia Press.