Sunday, June 8, 2014

Do you think that Hammurabi’s Codes might have been too strict? Why or why not? Explain.

The Code of Hammurabi is the first clearly established legal code. Hammurabi thought he was chosen by the gods to give his laws to the people. One can witness a reference to this fact in the law code stele still on display at the Louvre in Paris. It shows Hammurabi receiving the power to give laws from the sun god Shamash, who hands him a scepter and ring.
Below this image are the many legal judgments laid down by Hammurabi to the Babylonians in the eighteenth century BCE. Many of them deal with matters involving agriculture and commerce. But those that involve criminal activity are, in some cases, quite harsh. The essence of Hammurabi's legal code is expressed in the idea of taking "an eye for an eye" (the idea that the punishment should fit the crime) and the idea that laws should be universal.
There are some severe punishments in the Code, including that the builder of a house that collapses and kills someone should be put to death, or that a doctor whose patient dies should lose a hand. Stealing, in many cases, was also punishable by death for those who could not repay the cost of what was stolen.
Compared to modern laws, these judgments are severe, but they are perhaps understandable in an age when law and order was scarce and brutality and cruelty in affairs of state was far more commonplace.


The answer to whether Hammurabi's code might have been too strict depends upon the lens that you view the code through. If you look at it through a 21st-century American perspective, then it certainly comes across as strict and draconian. A literal eye-for-an-eye, tooth-for-a-tooth set of laws seems almost barbaric. From the perspective of an individual living in Mesopotamia around 1780 BC—a society that didn't have jails and often meted out justice on a whim—the code provided for fair verdicts and ensured, to some degree, that the punishment would meet the crime. Granted that punishments were graduated depending on the status of the victim and the criminal, Hammurabi's code still laid a criteria for meting out justice that was unprecedented in those times. It also established criteria for accusers and judges that, up until then, were unseen in the ancient world. The precedents of punishment fitting the crime, innocent until proven guilty, and judges being fair in hearing cases ring as true in 21st century America as they did in 18th century BC Mesopotamia. Therefore, it appears that, while the actual punishments may seem too strict, the code as a whole is not, and we see the spirit of some of these ideas in American jurisprudence.
https://www.livescience.com/39393-code-of-hammurabi.html

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