Saturday, February 14, 2009

Re-considering the Nature of Hammurabi’s So-called ‘Law Code’




From M. van de Mieroop's
A History of the Ancient Near East ca. 3000-323 BC. Pp. 106-107:


"The function of the law code itself has been much debated, but consensus is growing that the modern designation of it is wrong: it is not a code of law but a monument presenting Hammurabi as an exemplary king of justice. The text is best known to us from a 2-meter-high black diorite stele almost fully covered with an inscription …. Framed between a prologue and epilogue are listed some three hundred statements, all structured on the same pattern: “if …, then …”. For example “If a man commits a robbery and is caught, that man will be killed” (§ 22). While dealing with many areas of life, the entries do not, by far, cover all possible crimes …. Moreover, the many legal documents of the period, including records of law cases, never make reference to the code. Instead of a list of legal precepts, the entire monument is a vivid expression of Hammurabi as a king who provides justice in his land. He said himself:

"May any wronged man who has a case come before my statue as king of justice, and may he have my inscribed stele read aloud to him. May he hear my precious words and may my stele clarify his case or him. May he examine his lawsuit and may he calm his (troubled) heart. May he say: “Hammurabi …. provided just ways for the land”. …".

To prove his ability to guarantee justice, Hammurabi listed these three hundred-some cases, and thus urged future kings to study and follow his example".

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