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Essay: The Code of Hammurabi

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  • Subject area(s): History essays
  • Reading time: 3 minutes
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  • Published: 15 November 2019*
  • Last Modified: 22 July 2024
  • File format: Text
  • Words: 837 (approx)
  • Number of pages: 4 (approx)

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After the desolation of the city of Ur, many different groups conquered and occupied several Sumerian cities, including Babylon. At the time, Babylon was a small city of little importance. However, once King Hammurabi rose to power, Babylon became the center-point of an empire. One of the many ways that Hammurabi was able to harness such power was by establishing a specific list of laws, more formally known as the Code of Hammurabi. The Code was originally created around 1700 BCE and was reproduced on stone and placed all throughout his kingdom. The Code of Hammurabi is a very important source that allows us to better understand the function of ancient Mesopotamian society, especially when it comes to understanding class and patriarchy.

Throughout much of history, there is evidence of slave labor and societies ranked by class. Not only did ancient Babylon show evidence of slave labor, but through studying the Code of Hammurabi we can see that class was a very important factor in how citizens were treated. In fact, punishments for laws differed based on your class rank. One of the best examples of this from the text is when Hammurabi describes the punishments for striking another man. If a man were to “strike” another man that is superior to himself, he would receive sixty whippings in public (Hammurabi 60,) whereas if this man were equal to him, “he shall pay one mina of silver” (Hammurabi 60). Status in ancient Babylon was very important to the people. It is significant that the punishments are different, but it’s incredibly significant that the punishment for the inferior man must be publicly displayed. This shows that public humiliation was used to keep lower class people in line. It’s apparent that this society was very dependent on slave labor as well. Also, it’s very clear that they take punishments concerning slaves incredibly serious, especially for aiding or harboring a slave. Repeatedly, offenses regarding slaves are punishable by death. Taking everything into account, it appears that Hammurabi’s kingdom functioned and profited by maintaining class division.

The Code of Hammurabi covers a variety of topics, occasionally listing incredibly specific circumstances and punishments, and many of them are with reference to women. Looking at some of these laws, such as the one that describes a father’s failure to pay a dowry, “If a father does not give dowry to his daughter, a bride or devotee, after her father dies she shall receive her share in the goods of her father’s house the portion of a son, and she shall enjoy it as long as she lives. After her death it belongs to her brothers” (Hammurabi 62), one could argue that women had some significant rights in ancient Babylon. And, they are not completely wrong. Throughout the entire document, women have some power, especially in regard to dowries/portion of father’s goods and divorce. However, all things considered, women were still generally considered inferior to men and this is made apparent in numerous instances throughout the Code. For example, “If a man takes a wife and does not have intercourse with her, that woman is not a legal wife” (Hammurabi 60). Although is not explicitly stated in the text, it is inferable that a women’s sexuality and/or virginity became property to her husband. The Code does not imply that the intercourse is for childbearing purposes, but rather something a wife should be readily available to give to her husband. Additionally, if a woman sleeps with a man besides her husband, she shall be thrown into the river under the Code Of Hammurabi. Meanwhile, if a woman does not bring about children (which is actually problematic in itself, because at this time in history there is no way that they could know for certain that it is the woman who is infertile), “…that man may take a concubine and bring her into his house” (Hammurabi 60). Again, this goes to show that a woman’s sexuality is completely subject to the patriarchy, another form of property for a woman’s husband. Another aspect to this same law is the necessity of childbearing. As an agrarian society, it can be inferred that having children was fairly important to those in power like Hammurabi, because more children means more laborers. This level of importance placed on childbearing for ancient Babylonian women is reflected in the Code, with such significance that men are allowed to engage in extramarital sex simply for the sake of producing children. It reiterates that woman’s sole purpose is to provide for both her husband (sexually) and for the society by producing children.

In conclusion, the Code of Hammurabi’s importance is abundant. It was very important for establishing order and justice in ancient Babylonian society. And, it is very important to us today when we look back on ancient civilizations as a means to gather information about their culture(s). The Code of Hammurabi assists us greatly in understanding the development of the patriarchy as well as class.

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