The so-called Code of Hammurabi, created in …
Years: 1761BCE - 1750BCE
The so-called Code of Hammurabi, created in response to the needs of increasing trade, usury and commerce, seeks to end blood feud and personal retribution and replace these with a secular state code based on the idea of citizenship.
The Code defines the legal rights of all sections of the population, including the enslaved people.
It consists of two hundred and eighty-two provisions systematically arranged under such headings as family, labor, personal property, real estate, trade, and business.
Legal actions are initiated under the code by written pleadings; testimony is taken under oath; witnesses can be subpoenaed.
The Code is guided by such principles as that the strong should not injure the weak and that punishment should fit the crime.
Severe in its penalties, it prescribes "an eye for an eye, a tooth for a tooth."
The legitimacy of the code is maintained by invoking the authority of the gods and the state.
The Code recognizes various methods of disposing of property, including sale, lease, barter, gift, dedication, loan, pledge, and bailment.
The law of sales includes the doctrine that the Romans were later to call caveat emptor ("let the buyer beware").
The Code regards usury as an offense.
The code establishes price ceilings for goods as well as maximum wages and fees for laborers, artisans, and professionals.
Crimes punishable by death require a trial before a bench of judges.
Capital crimes include bigamy, cowardice in the face of the enemy, incest, kidnapping, adultery, theft, false witness, and malfeasance in public office.
Murder, however, is not included in the code.
Among the family law provisions is the requirement of a written contract for marriage.
Dowry and marriage settlements are allowed, with penalties for their breach spelled out in the marriage contract.
A husband wishing to divorce his wife is required to provide alimony and child support.
Wives may obtain divorces for desertion, cruelty, or neglect.
