The Code of Hammurabi
Babylonian legal code attributed to King Hammurabi (r. c. 1792-1750 BCE) — 282 sections inscribed on a black diorite stele unearthed at Susa in 1901. The earliest surviving comprehensive law code, predating the Mosaic code by some five centuries; many of its lex talionis provisions ('eye for an eye') and slave-property statutes share a common ancient-Near-Eastern legal vocabulary with later Hebrew law. Translated by C.H.W. Johns (Cambridge), 1903 — public domain via Project Gutenberg.
The Code of Hammurabi is a Babylonian law stele from 1754 BCE that codifies lex talionis and influences later Near Eastern jurisprudence.
Discovered in Susa in 1901 and first published by C.H.W. Johns in 1903, the stele contains 248 surviving laws inscribed on diorite to regulate social order under the Babylonian king. The code frequently employs lex talionis, or the law of retaliation, as seen in section 196 regarding the loss of an eye, establishing a principle of proportional justice. While scholars note thematic parallels with Mosaic law, such as the prohibition of sorcery in section 1, the Code remains distinct as a foundational text for ancient Near Eastern legal history.
Read this if — You wish to examine the evolution of retributive justice in ancient Mesopotamia.
In the early second millennium BCE, the city-state of Babylon rose to prominence under the leadership of Hammurabi. As he conquered neighboring territories, the need for a unified legal framework became apparent to manage a diverse and growing population. The resulting Code of Hammurabi was not merely a list of statutes but a monumental declaration of royal authority, carved onto a towering diorite stele and placed in a public sanctuary. The text opens with a prologue and epilogue that frame the laws as a divine mandate, asserting that Hammurabi was chosen by the gods to establish justice and prevent the strong from oppressing the weak.
The body of the code consists of 248 case laws, organized thematically rather than chronologically. These laws address a wide range of issues, from commercial transactions and family law to professional liability and criminal justice. A defining feature of the code is its use of the lex talionis, or the law of retaliation, which mandates proportional punishment, such as "an eye for an eye." However, the application of these penalties often varied based on the social status of the individuals involved, revealing the deeply hierarchical nature of Babylonian society.
Despite its grandeur, modern legal historians debate whether the Code was ever used as a practical statute book in the courts. No surviving court records from the period cite the Code directly, suggesting it may have served more as a literary monument to the king's wisdom and a tool for administrative standardization than a binding legal code. The stele's eventual removal to Susa by the Elamite king Shutruk-Nahhunte serves as a testament to its enduring symbolic power, surviving millennia to provide a crucial window into the legal and social fabric of the ancient Near East.
- When was Code of Hammurabi written?
- The code was composed during the reign of King Hammurabi, approximately between 1792 and 1750 BCE. It was inscribed on a stele shortly before or during the final years of his rule.
- Who wrote Code of Hammurabi?
- While the text attributes the laws to King Hammurabi, it was likely drafted by a team of royal scribes. The king is the nominal author and patron, but the specific scribes remain anonymous.
- Is it historically reliable?
- The text is historically reliable as a representation of Babylonian legal ideology and social structure, but it is not a record of actual court cases. It functions more as a theoretical ideal of justice than a procedural manual.
- How does it compare to the Bible's laws?
- Scholars note thematic parallels, such as the 'eye for an eye' principle, suggesting shared cultural roots in the ancient Near East. However, the Code of Hammurabi is distinct in its structure, social stratification, and lack of covenantal theology found in Mosaic law.