Code of Hammurabi
The Code of Hammurabi is a Babylonian legal text composed during 1755–1751 BC. It is the longest, best-organized, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of Akkadian, purportedly by Hammurabi, sixth king of the First Dynasty of Babylon. The primary copy of the text is inscribed on a basalt stele tall.
The stele was rediscovered in 1901 at the site of Susa in present-day Iran, where it had been taken as plunder six hundred years after its creation. The text itself was copied and studied by Mesopotamian scribes for over a millennium. The stele now resides in the Louvre Museum.
The top of the stele features an image in relief of Hammurabi with Shamash, the Babylonian sun god and god of justice. Below the relief are about 4,130 lines of cuneiform text: one fifth contains a prologue and epilogue in poetic style, while the remaining four fifths contain what are generally called the laws. In the prologue, Hammurabi claims to have been granted his rule by the gods "to prevent the strong from oppressing the weak". The laws are casuistic, expressed as "if... then" conditional sentences. Their scope is broad, including, for example, criminal law, family law, property law, and commercial law.
Modern scholars responded to the Code with admiration at its perceived fairness and respect for the rule of law, and at the complexity of Old Babylonian society. There was also much discussion of its influence on the Mosaic Law. Scholars quickly identified lex talionis—the "eye for an eye" principle—underlying the two collections. Debate among Assyriologists has since centred around several aspects of the Code: its purpose, its underlying principles, its language, and its relation to earlier and later law collections.
Despite the uncertainty surrounding these issues, Hammurabi is regarded outside Assyriology as an important figure in the history of law and the document as a true legal code. The U.S. Capitol has a relief portrait of Hammurabi alongside those of other historic lawgivers. There are replicas of the stele in numerous institutions, including the headquarters of the United Nations in New York City, the Pergamon Museum in Berlin and the University of Chicago's Institute for the Study of Ancient Cultures.
Background
Hammurabi
, the sixth king of the Amorite First Dynasty of Babylon, ruled from 1792 to 1750 BC. He secured Babylonian dominance over the Mesopotamian plain through military prowess, diplomacy, and treachery. When Hammurabi inherited his father Sin-Muballit's throne, Babylon held little local sway; the local hegemon was Rim-Sin of Larsa. Hammurabi waited until Rim-Sin grew old, then conquered his territory in one swift campaign, leaving his organisation intact. Later, Hammurabi betrayed allies in Eshnunna, Elam, and Mari to gain their territories.Hammurabi had an aggressive foreign policy, but his letters suggest he was concerned with the welfare of his many subjects and was interested in law and justice. He commissioned extensive construction works, and in his letters, he frequently presents himself as his people's shepherd. Justice is also a theme of the prologue to the Code, and "the word translated 'justice' ... is one whose root runs through both prologue and epilogue".
Earlier law collections
Although Hammurabi's Code was the first Mesopotamian law collection to be discovered, it was not the first written; several earlier collections survive. These collections were written in Sumerian and Akkadian. They also purport to have been written by rulers. There were almost certainly more such collections, as statements of other rulers suggest the custom was widespread. The similarities between these law collections make it tempting to assume a consistent underlying legal system. As with the Code of Hammurabi, however, it is difficult to interpret the purpose and underlying legal systems of these earlier collections, prompting numerous scholars to question whether this should be attempted. Extant collections include:- The Code of Ur-Nammu of Ur.
- The Code of Lipit-Ishtar of Isin.
- The Laws of Eshnunna.
- The "Laws of X," which, rather than a distinct collection, may be the end of the Code of Ur-Nammu.
Copies
Louvre stele
The first copy of the text found, and still the most complete, is on a stele. The stele is now displayed on the ground floor of the Louvre, in Room 227 of the Richelieu wing. At the top is an image of Hammurabi with Shamash, the Babylonian sun god and god of justice. Below the image are about 4,130 lines of cuneiform text: One-fifth contains a prologue and epilogue, while the remaining four-fifths contain what are generally called the laws. Near the bottom, seven columns of the laws, each with more than eighty lines, were polished and erased in antiquity. The stele was found in three large fragments and reconstructed. It is high, with a circumference is at the summit and at the base. Hammurabi's image is high and wide.The Louvre stele was found at the site of the ancient Elamite city of Susa. Susa is in modern-day Khuzestan Province, Iran. The stele was excavated by the French Archaeological Mission under the direction of Jacques de Morgan. Father Jean-Vincent Scheil published the initial report in the fourth volume of the Reports of the Delegation to Persia. According to Scheil, the stele's fragments were found on the tell of the Susa acropolis, between December 1901 and January 1902. The few, large fragments made assembly easy.
Scheil hypothesised that the stele had been taken to Susa by the Elamite king Shutruk-Nakhunte and that he had commissioned the erasure of several columns of laws to write his legend there. It has been proposed that the relief portion of the stele, especially the beards of Hammurabi and Shamash, was reworked at the same time. Roth suggests the stele was taken as plunder from Sippar, where Hammurabi lived towards the end of his reign.
Other copies
Fragments of a second and possibly third stele recording the Code were found along with the Louvre stele at Susa. Over fifty manuscripts containing the laws are known. They were found not only in Susa but also in Babylon, Nineveh, Assur, Borsippa, Nippur, Sippar, Ur, Larsa, and more. Copies were created during Hammurabi's reign, and also after it, since the text became a part of the scribal curriculum. Copies have been found dating from one thousand years after the stele's creation, and a catalog from the library of Neo-Assyrian king Ashurbanipal lists a copy of the "judgments of Hammurabi". The additional copies fill in most of the stele's original text, including much of the erased section.Early scholarship
The editio princeps of the Code was published by Father Jean-Vincent Scheil in 1902, in the fourth volume of the Reports of the Delegation to Persia. After a brief introduction with details of the excavation, Scheil gave a transliteration and a free translation into French, as well as a selection of images. Editions in other languages soon followed: in German by Hugo Winckler in 1902, in English by C. H. W. Johns in 1903, and in Italian by Pietro Bonfante, also in 1903.The Code was thought to be the earliest Mesopotamian law collection when it was rediscovered in 1902—for example, C. H. W. Johns' 1903 book was titled The Oldest Code of Laws in the World. The English writer H. G. Wells included Hammurabi in the first volume of The Outline of History, and to Wells too the Code was "the earliest known code of law". However, three earlier collections were rediscovered afterwards: the Code of Lipit-Ishtar in 1947, the Laws of Eshnunna in 1948, and the Code of Ur-Nammu in 1952. Early commentators dated Hammurabi and the stele to the 23rd century BC. However, this is an earlier estimate than even the "ultra-long chronology" would support. The Code was compiled near the end of Hammurabi's reign. This was deduced partly from the list of his achievements in the prologue.
Scheil enthused about the stele's importance and perceived fairness, calling it "a moral and political masterpiece". C. H. W. Johns called it "one of the most important monuments in the history of the human race". He remarked that "there are many humanitarian clauses and much protection is given the weak and the helpless", and even lauded a "wonderful modernity of spirit". John Dyneley Prince called the Code's rediscovery "the most important event which has taken place in the development of Assyriological science since the days of Rawlinson and Layard". Charles Francis Horne commended the "wise law-giver" and his "celebrated code". James Henry Breasted noted the Code's "justice to the widow, the orphan, and the poor", but remarked that it "also allows many of the old and naïve ideas of justice to stand". Commentators praised the advanced society they believed the Code evinced. Several singled out perceived secularism: Owen Jenkins, for example, but even Charles Souvay for the Catholic Encyclopedia, who opined that unlike the Mosaic Law the Code was "founded upon the dictates of reason". The question of the Code's influence on the Mosaic Law received much early attention. Scholars also identified Hammurabi with the Biblical figure Amraphel, but this proposal has since been abandoned.