3.2: Hammurabi’s Code-Written Code

Eventual formal social organizations of society required written laws. An example of early written law is Hammurabi’s Code, a Babylonian King, contrived the code of law of ancient Mesopotamia, dating back to about 2100 BC. Hammurabi, enumerated laws of private conduct, business and legal precedents, of which 282 articles have survived. His code is one of the oldest journal of written laws known to man (Fagin, 2015). This is considered one of the oldest deciphered writings implying the lex talionis, law of retaliation in just deserts or scaled punishments adjusting "an eye for an eye, a tooth for a tooth" (lex talionis) as graded depending on social status, of slave versus free man or woman (Prince, 1904). Hammurabi’s Code parsed out justice by class and gender. A few Examples of his laws/code are:

Slavery: Ex. Law #15: If anyone take a male or female slave of the court, or a male or female slave of a freed man, outside the city gates, he shall be put to death.

Divorce: Ex. Law #142: If a woman quarrel with her husband, and say: "You are not congenial to me," the reasons for her prejudice must be presented. If she is guiltless, and there is no fault on her part, but he leaves and neglects her, then no guilt attaches to this woman, she shall take her dowry and go back to her father's house.

Restitution: Ex. Law #196: "If a man destroy the eye of another man, they shall destroy his eye. If one break a man's bone, they shall break his bone. If one destroy the eye of a freeman or break the bone of a freeman he shall pay one gold mina. If one destroy the eye of a man's slave or break a bone of a man's slave he shall pay one-half his price.

Facilitation: #109. If outlaws meet in the tavern and are not captured and delivered to the court/palace, the female tavern-keeper shall be put to death.

Alcohol Consumption: #110. If a holy woman opens a tavern door or enters a tavern for a drink, she shall be burned to death (N.A., Hammurabi’s Code).

The assumption is that these codes were designed to be universally applied and provide equality for all members of society. Yet, Hammurabi’s Code was based on economic and social status, freeman v. slave, and gender. These codes may have been thought of as ethically predisposed except that the preceding demonstrates how the law provided for the wealthy and gender distinctions were made as far back as 2100 B.C. (Prince, 1904, p. 607). The codes demonstrates both social and political policy that influences laws and their creation. Precedent setting codes and laws to what we experience in contemporary society demonstrates the ethical foundations of the codes were potentially through social experience rather than cognitive reasoning.

The code is viewed as an early example of a fundamental law, regulating a government — i.e., a primitive constitution (Thomas and Stevens, 2018). The U.S. Constitution became one of the benefactors of the historical document. Hammurabi’s Code along with other preceding documents served as a precursor for America’s basis of law and equal behaviors. The U.S. Constitution was settled on after a failed attempt at the Articles of Confederation. The Constitution of the United States serves as the basis for federal, state, and local laws. (See list under following link). www.ushistory.org/documents/amendments.htm