Hammurabi's code

The Code of Hammurabi is a Babylonian legal text composed 1755–1750 BC. It is the longest, best-organised, 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 —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 lawgivers. There are replicas of the stele in numerous institutions, including the headquarters of the United Nations in New York City and the Pergamon Museum in Berlin.

Background

Hammurabi

Hammurabi (or Hammurapi), the sixth king of the Amorite First Dynasty of Babylon, ruled from 1792 to 1750 BC (middle chronology). 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 (written by Bilalama or by Dadusha).
* Another collection, which Martha Roth calls the "Laws of X", but which may simply be the end of the Code of Ur-Nammu.

There are additionally thousands of documents from the practice of law, from before and during the Old Babylonian period. These documents include contracts, judicial rulings, letters on legal cases, and reform documents such as that of Urukagina, king of Lagash in the mid-3rd millennium BC, whose reforms combatted corruption. Mesopotamia has the most comprehensive surviving legal corpus from before the ''Digest'' of Justinian, even compared to those from ancient Greece and Rome.

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 contain 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 (Persia at the time of excavation). 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. 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 catalogue from the library of Neo-Assyrian king Ashurbanipal (685–631 BC) 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 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

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