The code of Hammurabi, which appeared around 1800BC, contains 282 clauses to the subject of Bottomry. Bottomry was a loan obtained by the owner of a ship to finance the ship’s voyage. The clauses tells about the Mesopotamian society which was marked by political, economic and class divisions. They marked the beginning of a civilized group of individuals and influenced their behavior significantly. Therefore, the paper will discuss three clauses which include 22, 23 and 25 by highlighting their significance in the 1800BC and in the 21st century.
Prohibitions against robbery are seen in virtually in every society and it is punishable by death. However, attitudes toward robbery vary significantly in different cultures. Under the code of Hammurabi clause 22 it states “ if anyone committing a robbery and is caught, then shall be put to death.” The clause is clear that the punishment for anyone who is caught committing robbery is death. This clause helped to reduce the robbery in the Mesopotamia because people were scared of the death punishment. Similarly, the clause influences several societies in the 21century because the death penalty is still relevant.
Similarly, the code of Hammurabi held everyone accountable for the robbery committed by anyone in the society. For instance, the clause 23 states that “if the robber is not caught and the one who was robbed claim under oath the amount of his or her loss, then the community where the act occurred should compensate the person robbed for the goods stolen.” This clause indicate that community should not amber criminals because they will be responsible for their crime by compensating the person who was robbed. The clause was significant in the 1800BC because it motivated societies to report robbers to authority in order to avoid being accountable for their crimes. However, this clause does not influence us in the 21st century because currently community is not held accountable for another person’s crime.
The clause 25 also prohibits against robbery in the society. It states that “ if fire break out in a house, and the person who comes to stop the fire cast his or her eye upon the property in that house and then take the property of the owner of the house, he or she shall be thrown into that same fire.” The clause means that people were supposed to offer help in case of emergency and not to take advantage of the situation by stealing. The clause was significant in those days because the death punishment scared people who could be tempted to steal instead of helping. However, this does not apply in the 21st century because the law is different. The person who commits such offense is supposed to be reported to authorities, which offers the punishment.
The three clauses focus on the punishment that individual was supposed to receive if caught committing robbery. In the Mesopotamia the prohibitions against robbery was punishable by death. Similarly, the community was held accountable by compensating the one robbed incase the robber is not caught. This influenced the conduct of the people of Mesopotamia toward committing any prohibited crimes. Although the code of Hammurabi has the basis of the current legal code and has changed several societies significantly, there are some clauses that do not influence the community in the 21st century. This is so because the legal institutions have evolved and changed significantly.
Bibliography
Chambers, Mortimer. The Western Experience. McGraw-Hill College, 2009.
Perry Rogers, ed. Aspects of Western Civilization: Problems and Sources in History, Volume I (Upper Saddle River, New Jersey, Prentice-Hall, Inc., 1997), 7
