The Code of Hammurabi is the oldest legal document that we have that sets down a written code of legal obligations. Though there could be a prior written code, scholars have concluded that it is the oldest known record that we have in terms of a written legal framework to govern a society. (Ancient History Encyclopedia, 2013). In our modern society the code of Hammurabi could be compared to the US Constitution in the sense that they are both written documents given to reflect the status quo of their time, and as such, they differ not in their legal application. Cultures of very different norms created each document to service their needs. (Saddleback.edu, 2013). When looked at as a code applied to the current culture and economy of 18th century BC Mesopotamia, it makes sense that this was a practical code for the culture of that time.
Mesopotamia is a Greek word that means between two rivers. The valley, often taught to school kids as the Fertile Crescent, has been called the cradle of humanity. Current anthropology negates this as the place where human species came into existence, but the title has remained constant (Ancient history Encyclopedia, 2013).
The economy of Mesopotamia cannot be cornered a single economy because Mesopotamia was of a conglomeration of communities. The Mesopotamian economy was defined by the following characteristics:
Mesopotamia had a written form of communication. The reason that it was able to have a written code, simply, was because it had a means of writing things down. (Saddleback.edu, 2013).
Mesopotamia was the first civilization on record as having been formed into a society. Humans live at the level of society. This is why Aristotle said of humanity “Man is a political animal.” Inherently to society are rules of conduct that people within the society must obey in order for the state to work. Looking at this culture, we can compare Mesopotamia to a conglomeration of tribes.
Sumer is the name of the culture that occupied Mesopotamia, in terms of when we call a Mesopotamian culture. Being the first writing society, it emerged from the long period of millions of years when human being existed as a species but not as a handed down culture. (saddleback.edu, 2013). Agriculture and pastoral work was what led to society forming as a collective, and as a result of that records needed to be kept in order to keep tract of trade contracts. This led to a writing system. A writing system led to a longevity beyond the oral tradition where specific doctrines or laws, or “codes” like the Code of Hammurabi, could be laid down and persist.
The writing system led to a literary competency in those in charge of making decisions. This led to an education structure for not only the ruling class but also for the strata of society engaged in commerce (Commonlaw, 2013). Essentially, the culture of Sumaer was a nomadic culture of pastoral economy for once engaged in an economy of exchange larger than two parties. This led to an entire new way of human economic interaction and a code, consistent application of a code or law was needed to govern this population of commerce.
The types of disputes that we can imagine would emerge from such a society, are addressed in the Code of Hammurabi.
The code was orderly, grouped, so that everyone could read the section that applied to them. The codes come from a uniform culture in a small geographical space (Horne, 2007).
There are many modifications and provisions and clauses within the code. According to Charles F. Horne in his analysis of the code, it is less of a definitive code as it was a codification of the rulers Hammurabi's decision of matters in law when he was the ruler of the Sumerian society (Horne, 2007).
How this applies to the culture, was that there were many judicial decisions that needed to be decreed by the ruler once a society, based mainly on commence (Horne, 2007). In a time when writing emerged because of the need to track this economy, rulers had the ability to have their degrees recorded. Hammurabi was an influential ruler who decreed, Horne argues justly, in matter of property and conduct. His decrees were recorded and them systematized into a consistent ruling on certain matters. Since during his almost 30 year rein many matters were brought to him, writers and legal scholars were able to record rulings on a broad spectrum of societal life.
What was unique about the code, was that for the first time people for a period of time were not held to the whims of the current person in power, but to a document that superseded human authority. The code is remembered, because subsequent societies held this standard as a norm. Most societies in the world today have a constitution, which has a staying power longer than any individual leader. This provided the consistency that the society of the time needed in order to engage in commerce, and also live within a city center containing a large population.
Sources
"SADDLEBACK COLLEGE | (949) 582-4500." SADDLEBACK COLLEGE | (949) 582-4500. http://www.saddleback.edu (accessed September 12, 2013).
Charles F. Horne, Ph.D. (1915). "The Code of Hammurabi : Introduction"Yale University. Retrieved 14 September 2007.
"Code of Hammurabi." Legal History and Philosophy. http://www.commonlaw.com/Hammurabi.html (accessed September 12, 2013).
