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Reflection on Hammurabi’s Code: A Contemporary Analysis

 

Although there are numerous attributes one could argue’ are necessary to creating a “civilization; having some form of representative written language seems to be a common and arguably essential aspect. Written language allows for the codification of thought. By doing so, it creates a singular, objective, and shared experience of the world. There becomes an official “right” and “wrong” which can be enforced over large and diverse areas and is (arguably) not open to interpretation; In the ancient world, this stabilization of thought solidified power and perpetuated ideas in a permanent format.
In our exploration of Hammurabi’s 282 laws, we can detect the values of Babylonian culture under the rule of Hammurabi. We get a sense of what was important to the various empires of Mesopotamia by discovering what they were compelled to protect through “official” written laws that were applicable and enforced throughout the growing Babylonian Empire.
For our Reflection this week, take some time to digest Hammurabi’s code and then analyze it with an eye towards our own contemporary view of government and written law. After reading through the code, select two laws you believe are still relevant today, and possibly even still enforced in some fashion. What is the spirit of these laws? What do they protect and what do they teach us about the Babylonians? What was important to them? What did the Babylonians value?
Do not focus on the punishment for breaking each law, as it was often death. Instead focus your attention on what was being protected: Family? Property? Personal freedom? the Environment? Pets?
Required Quotations / Citations: You must cite Hammurabi’s code primary source ( PDF posted in Canvas)

Sample Answer

Reflection on Hammurabi’s Code: A Contemporary Analysis

The significance of written language in shaping civilizations cannot be overstated. It serves as a vehicle for codifying thoughts, establishing societal norms, and creating a shared understanding of rights and responsibilities. In examining Hammurabi’s Code, we gain insight into the values held by Babylonian society and the mechanisms through which they enforced order. Two laws from Hammurabi’s Code stand out as particularly relevant to contemporary society: Law 5, which protects family integrity, and Law 229, which emphasizes property rights.

Law 5: Family Integrity

Hammurabi’s Law 5 states, “If a man is caught committing adultery, he shall be put to death” (Hammurabi’s Code). While the punishment appears severe by modern standards, the spirit of this law reveals the Babylonian emphasis on family integrity and social stability. The family unit was foundational in Babylonian culture, and adultery threatened that foundation. By enforcing strict penalties for such actions, the Babylonians prioritized the protection of familial bonds and societal order.

In contemporary society, the importance of family integrity remains relevant. Laws concerning marriage, divorce, and child custody reflect an ongoing commitment to protecting familial relationships. These legal frameworks serve to uphold the well-being of family members and ensure that societal structures remain stable. Thus, while the enforcement methods may differ significantly, the underlying principle of protecting family integrity persists in modern legal systems.

Law 229: Property Rights

Another notable law is Law 229: “If a builder builds a house for someone and does not construct it properly, and the house which he built collapses and kills the owner, that builder shall be put to death” (Hammurabi’s Code). This law underscores the Babylonians’ strong emphasis on property rights and the accountability of individuals in positions of responsibility. The protection of property was crucial for maintaining social order and economic stability within the burgeoning Babylonian Empire.

Today, property rights are fundamental in various legal systems around the world. Contemporary laws safeguard individuals’ rights to own and control property, reflecting the value placed on personal freedom and economic security. The spirit of Law 229 teaches us about the importance of accountability in professional conduct, particularly in industries such as construction and real estate. This connection emphasizes that while the penalties may have evolved, the core principle of protecting property remains integral to modern governance.

Conclusion

Hammurabi’s Code provides a window into the values that shaped Babylonian society, revealing their concerns for family integrity and property rights. These laws highlight what was important to the Babylonians: stable familial relationships and economic security. By examining these principles within their historical context and drawing parallels to contemporary legal frameworks, we can appreciate how foundational ideas about governance and law have endured over millennia. Ultimately, Hammurabi’s Code serves as both a reflection of ancient values and a touchstone for understanding modern legal principles.

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