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15 A.B.A. J. 437 (1929)
The Law Code of Hammurabi

handle is hein.journals/abaj15 and id is 445 raw text is: THE LAW CODE OF HAMMURABI Brief Analysis of This Remarkable Monument of Antiquity Which Is the Oldest Known Code of Laws-Cha.racter of Its Provisions-Class Legislation Revealing Social Conditions-Marriage and Family Life-Protection of Industry-Sec- tions Dealing with Procedure-Later Influence of Code, etc. By ERWIN J. URCH, A. M., B. D. Instructor in Ancient History, University City, (Mo.) Senior High School T HE extent to which a study of the ancient code of Hammurabi' arouses and satisfies intellectual curiosity will in itself be the measure of the practical value of such a study. The students of his- torical jurisprudence are not the only ones who ex- perience pleasure and profit in studying the oldest known code of laws, for it contains much that is familiar through similarity to modern law and much that is curious because it is crude and primitive. Therefore, one who aims to make accessible a new analysis of the Hammurabic laws is not necessarily guilty of pure effrontery or even of stupid repeti- tion, especially since some of the better known his- tories of jurisprudence do not give adequate con- sideration to these laws. Hammurabi was the sixth king of the first dynasty of Babylon.' That is, he ruled the7 city- kingdom of Babylon (2125-2080 B. C.).8 Scholars have long been familiar with the name Ham- murabi. Hammu probably signifies a god. Rabi is common in the Bablyonian language and means is great. The adoption of such a name was, there- fore, an act of piety, quite consistent for kings who also functioned as chief-priests. Only a few hun- dred years before Hammurabi's time Babylon had grown from a mere village to the city of first im- portance in the Plain of Shinar. The new dynasty of kings under whom Babylon arose to power rep- resented a newly arrived Semitic race. The new Semitic element retained names and words which they brought from another location. The first dy- nasty of Babylon is designated by some scholars as Arabian. Of the kings of this dynasty Hammurabi was the most energetic. He established an empire which included the Tigris-Euphrates valley and territory north of the Arabian desert extending from the valley to the Mediterranean Sea-that is, all of the region known as the Fertile Crescent.4 Much of his time was spent in warfare. But he also busied him- self with digging and repairing canals which- were used both for-irrigation and transportation. He built and repaired walls, or fortificati6ns, also shrines and temples, and often personally supervised the work of construction. His government was a benev- olent paternalism. He retained most of the duties of government in his own hands, and did much of 1. Though there are numerous books on the subject, the following are some of the best in English: Haeper, R. F., The Code of Ham. ,surabi (Q vols., containing a translation and an exposition of the code); Johns, G. H. W., The Oldest Code of Laws in the World; Cook, SN. A., The Law, of Moses and the Code of Hammurabi. The best general histories of Babylon are: King, L. W., A History of Babylon; and Rogers, R. W., A History of Babylonia and Assyria. 2. See Rogers, op. cit., 312f. 3. See King, op. cit., chap. III; and Rogers, op. cit., chap. XII. 4. The extent of this empire is shown by the place-nanies men. tioned in the Prologue of the code; so also the ways by which the several cities were held in subjection unner Babylonian control. the work which in modern times would be distrib- uted among subordinates. He was chief-executive, chief-engineer, head of the treasury, chief-priest, and supreme judge as occasion demanded. His agents and secretaries were personal employees or slaves in complete subservience to him. Of all the officials in his realm only the vassal-kings retained anything like the power of independent action. Numerous letters,' besides the code itself, re- veal the operations of the Babylonian government, the social conditions of the times, as well as the in- dustrial activities. These letters probably were dic- tated to secretaries by the great king. They were written in cuneiform on clay-tablets as small as they could conveniently be, then covered with a sprinkling of sand and wrapped in clay-envelopes, baked hard in an oven, and finally delivered to letter-carriers. The letters represent Hammurabi directing the collection of temple-revenues, the care of the royal flocks and herds, the audit of accounts, the regulation of food-supplies, shipping and other transport, labor on public roads, the settlement of questions about debts and loans, and numerous other matters of greater or less importance. He carried on an extensive diplomatic correspondence with his governors and vassal-kings. In the administration of justice Hammurabi was more equitable than would be expected in view of his opportunity to be otherwise. As far as pos- sible he made himself accessible to all. He went so far in his effort to be fair and just as, for example, to enforce a merchant's claim against that of a city- governor. He dealt with bribery promptly. He was severe against money-lenders. He sent out instruc- tions explaining how specific cases were to be tried. In cases involving large sums in debts and loans he ordered that the parties should be sent to Babylon, giving instructions that they should be guarded. The cases coming under the forms of legal pro- cedure were essentially civil cases only. Criminal cases were dealt with in such a summary manner that the process could hardly be graced with the term legal procedure. In the second year of his reign Hammurabi be- gan the reforms which culminated toward the close of his career in the promulgation of his code. No code of laws is ever strictly a new invention. The greatest historical significance of Hammurabi's code lies in the fact that it portrays customs which had prevailed among the Babylonians for several gen- erations before his time. His contribution to juris- prudence consisted in transforming a chaotic mass of customs into something like an orderly sys- 5. See King, L. W., Letters and Inscriptions of Hammurabi (3 vols.)

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