This great archaeological discovery sheds light on the earliest
days of human civilization and the manner in which society was organized many a millennia ago. "A copy of the code, engraved
on a block of black basalt that is 2.25 m (7 ft 5 in) in height, was unearthed by a team of French archaeologists at Susa,
Iraq, formerly ancient Elam, during the winter of 1901 to 1902. The block, broken in three pieces, has been restored and is
now in the Louvre in Paris." (http://encarta.msn.com/find/Concise.asp?ti =0195A000) This stela is significant to the understanding
of the way in which the earliest urban civilization was instituted because it defines the state as such, as well as its purpose
to regulate the activities of its citizens. It also defines very clearly the different elements of government, ranging from
the judicial system and property rights, through finance and trade regulations, to personal health issues and family and private
life organization. But above all, this is a corner stone of civilization that will allow us to measure other civilizations
and even our own societal organization to a reference point in the distant 18th century BCE.
This is the oldest surviving
document that shows the concept of a society of itself. However, Hammurabi's code was not really the earliest. "The preceding
sets of laws have disappeared, but we have found several traces of them, and Hammurabi's own code clearly implies their existence.
He is but reorganizing a legal system long established." says Charles F. Horne, Ph.D. (http://www.yale.edu/lawweb/avalon/hammint.htm)
The institution of the state is defined as arising from the inspiration of "the exalted prince" who is "the favorite of Ishtar"
(Bailkey, 27), the great goddess of fertility and the queen of Heaven who, in Babylonian sources, is usually "depicted naked
with prominent breasts or with a child at her breast." (http://encarta.msn.com/find/Concise.asp? z=1&pg=2&ti= 761567956)
Thus, the purpose and functions of the state are identified with the agency of its supreme ruler whose rule is given by the
deities. In the words of Hammurabi himself that purpose is to "cause justice to prevail in the land, to destroy the wicked
and the evil, to prevent the strong from oppressing the weak, ... to enlighten the land and to further the welfare of the
people." (Bailkey, 27) The above constitutes the mission statement of the government, identifying several key and distinct
elements: establishing a stable judicial system, preventing social oppression, and improving the peoples material and spiritual
situation.
Very significant is the definition and the separation of the key constituents of the state. The first two
paragraphs of the code appropriately deal with the concept of property and how justice should be carried out to protect it,
as well as its owners. This is important because it shows an understanding of the concept of ownership as directly linked
to observing property rights and the recognition that at the basis of a society lies the law.
Once that these judicial
and political priorities have been established, Hammurabi focuses on the economy as a driving force of well being. This faculty
is further broken down to the responsible performance of agricultural practices, an established system of finance and credit
and regulation of trade. As a concrete measure to defaulting on one's debt, enslavement was a typical solution. An interesting
observation about the logistics of this unique document is that it also provides a glimpse into the psyche of the Babylonians
of that distant time period. For example, law number 13 was omitted and instead numbered 14 because "then as now the number
13 was considered to be unlucky" (www.duhaime.org/hamm1.htm). Religiosity played a pivotal role in Babylonian society but
the laws of Hammurabi are neither of religious, nor of superstitious character.
In conclusion, the great king and
law maker of ancient Mesopotamia reiterates the claim of his divinity and the apparent benevolence of his just rule. In a
peculiar sense his own narcistic view of himself proves to be of value to us, the people of the early 20th century, who marvel
at the great achievement of this prince from almost 4000 years ago. His Laws are clearly written and provide a logically unbroken
string of legislative and statesmanly axioms not unlike our modern approach to governmental affairs. Undoubtedly, Hammurabi's
laws will find their just place among the masterpieces of human thought.
BIBLIOGRAPHY:
1. Bailkey, N.,
Readings in Ancient History
2. Encarta Online Encyclopaedia 2001 http://encarta.msn.com/find/Concise.asp?ti=0195A000
3. Rev. Johns, Claude Hermann Walter, M.A. Litt.D. Master of St. Catharine's College, Cambridge. Lecturer in Assyriology,
Queens' College, Cambridge, and King's College, London. http://www.yale.edu/lawweb/avalon/hammpre.htm
4. Lloyd Duhaimes
Law Museum http://www.duhaime.org/hamm1.htm
5. Yale University Avalon Project , Horne , Charles F., Ph.D. 1915, introduction
http://www.yale.edu/lawweb/avalon/hammint.htm
|