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Code Of Hammurabi

Code of Hammurabi

The Code of Hammurabi (circa 1750 BC.) Is one of the oldest pieces of legislation that has survived the first virtually complete. Text Babylonian religious but not of divine inspiration , produced under the authority of Hammurabi , it extends the work on legal and military policy of the founder of the empire.

This text, if it contains a certain organization is not strictly legal but legal. It is categorized as "pre-law" because even if some categories already exist (like the notion of thief ), others are basic concepts that we today are not developed (such as theft ). Legal rules exist, but there is still no legal theory or doctrine. It was not until the ancient Rome to see the first theories of law and justice.

The Code of Hammurabi is not only an outstanding achievement by its conservation but also by its content has been reused for more than 1000 years History

The stele of the Code of Hammurabi was engraved which is available in a block of basalt and was placed in the temple of Sippar. Several other similar examples were probably placed throughout the kingdom. This was intended to inform the authority and wisdom of Hammurabi on the whole territory which he directed.

The Code was carried around 1150 BC. BC in the city of Susa in Iran , when the kings Elamite captured Babylonia and took various Mesopotamian art in their country. In this city that was discovered by Egyptologist Gustave Jquier member of the expedition led by Jacques de Morgan in December 1901. The father, Jean-Vincent Scheil translated the entire code, back to Paris in France. Since the code is exposed to the Louvre Museum in Paris. A copy is also on display at the Archaeological Museum of Tehran.

This code has long been the oldest known in the world. The oldest piece of legislation that we know (now) is the Code of Ur-Nammu written around 2100 BC but it has survived in a fragmentary manner.

Appearance

The top of the stele: Hammurabi , standing before Shamash.

The Code of Hammurabi is presented as a large stele of 2.5 meters high, made of basalt. The stele is surmounted by a sculpture of Hammurabi , standing before the god of the sun of Mesopotamia , Shamash , the god of Justice.

Below is inscribed in letters cuneiform Akkadian , a long text comprising a series of court decisions compiled. The text begins with an introduction, in the greatest tradition of royal inscriptions of Mesopotamia, details the exploits of King Hammurabi, his great qualities, and motivations that did burn his judicial decisions on this stone: making that "the strong do not oppress the weak". After the court decisions are themselves divided into 282 articles by Father Jean-Vincent Scheil.

This division is really arbitrary, since the text is not divided into different sections. Sections 66 to 100, playable on the stele, were returned thanks to copies made on clay tablets.

The text of the stele ends with a brief epilogue, yet the glory of Hammurabi.

Content

The different "sections" of the Code of Hammurabi, set different rules of everyday life. Laws that are gathered to receive contributions that unite social groups, the family , the army , life religious life and economic. They always relate to very specific situations regarding theft, loans, fees, contracts, rents, insolvent debtors, fugitive slaves, the status of women. There is no general idea expressed nor abstract concepts to justify a particular provision, there is no more logical in the presentation.

"Articles" govern in particular:

  • prioritization of the company: three groups are distinguished by their reputation, first the awlum, free man living in the sphere of the palace and working for the royal administration, then muknum, free man working in community settings and wardum finally, a slave. ;
  • some "social protection": a slave should never be separated from his wife and young children;
  • prices: it is more about fixing a "fair price" indication that a mandatory price imposed by the power and can see into the Code as the fees of doctors vary depending on whether the care s' send to a freeman or a slave;
  • Wages: they vary depending on the nature of the work; again it is more indicative of a salary, not mandatory;
  • Professional Responsibility: an architect who made a house that collapsed on its occupants and causing the death of the owner, then kill the artisan. If it is the owner's son who is killed, we kill the son of the craftsman. If it is a slave owner who was killed, the artisan will provide a new slave.
  • functioning judiciary: Justice is administered by courts and it is possible to appeal to the king's decisions must be written, the research evidence is the basis of the award made by the judge and there was use methods magical , as the ordeal , when the truth seems elusive;
  • penalties: a scale of penalties is listed following offenses and crimes committed. The Law of Talion is the basis of this scale: that is to repair damage in proportion to it.

Function

The Code of Hammurabi is an ordered set of rules laid down by authority, analogous to a criminal or civil law in the modern sense, from which judges must target a specific text to justify a decision. It is rather a compilation of judicial decisions, following the practice of the courts and litigation, made by King Hammurabi and gathered into a large text. This was to provide examples of the wisdom of the king, kept for use by future generations. It was thus compared to a sort of treaty of justice. The Code of Hammurabi was still used by the Neo-Assyrian (911-609), some of its provisions which are still precedent.

The introduction and conclusion of the text, sometimes neglected in contemporary studies are particularly interesting and one can infer the intent of the drafters of the text is above all the legislative work of a king seeking access to posterity showing a good example to follow. The comparative study of Mesopotamian law codes led to a better understanding of how the genre was based on the reviews commemorative royal deeds in which we include legal measures taken by the king, as examples of his great qualities such as construction of a temple or a victory. The exercise of good justice (miarum) enters the Mesopotamian royal function as well as maintenance of the gods or the military command.

Sources

References

  1. "Its use in the centuries after Hammurabi is evidenced by copies of the code fragments that have survived. Some of its provisions are found in the Eastern usage until the Hellenistic period. "( John Gaudemet 1998 , p. 30)
  2. Reference is made in some ancient texts to " Urukagina code "that would be the oldest written legal text (to -2350 ) but it does us no fragment is reached. (Quoted in the article "Code of Hammurabi" in the Encyclopdia Universalis and Milestones in the history of law at the site of the AIDH.)
  3. "A tablet containing a fragment of a Sumerian code dating from Ur-Nammu , founder of the Third Dynasty of Ur (c. 2100), provides the oldest law currently known. "( John Gaudemet 1998 , p. 29)

References used

Further Reading

Related articles

Indicative Bibliography


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