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Code of Hammurabi
The Louvre stele
Created	c. 1792–1750 BC (middle chronology)
Location	The Louvre, Paris, France (originally Sippar, Mesopotamia (modern-day Iraq), found at Susa, Iran) Replicas: various
Author(s)	King Hammurabi of Babylon
Media type	Basalt stele
Subject	Law, justice
Purpose	Debated: legislation, law report, or jurisprudence
Full text
Code of Hammurabi at Wikisource

The Code of Hammurabi is a Babylonian legal text composed during 1755–1750 BC. It is the longest, best-organized, 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 2.25 m (7 ft 4+1⁄2 in) 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 lex talionis—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 historic 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).
• The "Laws of X," which, rather than a distinct collection, may 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 2.25 m (7 ft 4+1⁄2 in) 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 225 cm (7 ft 4+1⁄2 in) high, with a circumference is 165 cm (5 ft 5 in) at the summit and 190 cm (6 ft 3 in) at the base. Hammurabi's image is 65 cm (2 ft 1+1⁄2 in) high and 60 cm (1 ft 11+1⁄2 in) 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 (Mémoires de la Délégation en Perse). According to Scheil, the stele's fragments were found on the tell of the Susa acropolis (l'Acropole de Suse), 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. It has been proposed that the relief portion of the stele, especially the beards of Hammurabi and Shamash, was reworked at the same time. 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 editio princeps of the Code was published by Father Jean-Vincent Scheil in 1902, in the fourth volume of the Reports of the Delegation to Persia (Mémoires de la Délégation en Perse). 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 included Hammurabi in the first volume of The Outline of History, and to Wells too the Code was "the earliest known code of law". However, three earlier collections were rediscovered afterwards: the Code of Lipit-Ishtar in 1947, the Laws of Eshnunna in 1948, and the Code of Ur-Nammu in 1952. Early commentators dated Hammurabi and the stele to the 23rd century BC. However, this is an earlier estimate than even the "ultra-long chronology" would support. The Code was compiled near the end of Hammurabi's reign. This was deduced partly from the list of his achievements in the prologue.

Scheil enthused about the stele's importance and perceived fairness, calling it "a moral and political masterpiece". C. H. W. Johns called it "one of the most important monuments in the history of the human race". He remarked that "there are many humanitarian clauses and much protection is given the weak and the helpless", and even lauded a "wonderful modernity of spirit". John Dyneley Prince called the Code's rediscovery "the most important event which has taken place in the development of Assyriological science since the days of Rawlinson and Layard". Charles Francis Horne commended the "wise law-giver" and his "celebrated code". James Henry Breasted noted the Code's "justice to the widow, the orphan, and the poor", but remarked that it "also allows many of the old and naïve ideas of justice to stand". Commentators praised the advanced society they believed the Code evinced. Several singled out perceived secularism: Owen Jenkins, for example, but even Charles Souvay for the Catholic Encyclopedia, who opined that unlike the Mosaic Law the Code was "founded upon the dictates of reason". The question of the Code's influence on the Mosaic Law received much early attention. Scholars also identified Hammurabi with the Biblical figure Amraphel, but this proposal has since been abandoned.

Frame

Relief

The relief appears to show Hammurabi standing before a seated Shamash. Shamash wears the horned crown of divinity and has a solar attribute, flames, spouting from his shoulders. Contrastingly, Scheil, in his editio princeps, identified the seated figure as Hammurabi and the standing figure as Shamash. Scheil also held that the scene showed Shamash dictating to Hammurabi while Hammurabi held a scribe's stylus, gazing attentively at the god. Martha Roth lists other interpretations: "that the king is offering the laws to the god; that the king is accepting or offering the emblems of sovereignty of the rod and ring; or—most probably—that these emblems are the measuring tools of the rod-measure and rope-measure used in temple-building". Hammurabi may even be imitating Shamash. It is certain, though, that the draughtsman showed Hammurabi's close links to the divine realm, using composition and iconography.

Prologue

The prologue and epilogue together occupy one-fifth of the text. Out of around 4,130 lines, the prologue occupies 300 lines and the epilogue occupies 500. They are in ring composition around the laws, though there is no visual break distinguishing them from the laws. Both are written in poetic style, and, as William W. Davies wrote, "contain much ... which sounds very like braggadocio".

The 300-line prologue begins with an etiology of Hammurabi's royal authority (1–49). Anum, the Babylonian sky god and king of the gods, granted rulership over humanity to Marduk. Marduk chose the centre of his earthly power to be Babylon, which in the real world worshipped him as its tutelary god. Marduk established the office of kingship within Babylon. Finally, Anum, along with the Babylonian wind god Enlil, chose Hammurabi to be Babylon's king. Hammurabi was to rule "to prevent the strong from oppressing the weak" (37–39: dannum enšam ana lā ḫabālim). He was to rise like Shamash over the Mesopotamians (the ṣalmāt qaqqadim, literally the "black-headed people") and illuminate the land (40–44).

Hammurabi then lists his achievements and virtues (50–291). These are expressed in noun form, in the Akkadian first person singular nominal sentence construction " ... anāku" ("I am "). The first nominal sentence (50–53) is short: "I am Hammurabi, the shepherd, selected by the god Enlil" (ḫammurabi rē'ûm nibīt enlil anāku). Then Hammurabi continues for over 200 lines in a single nominal sentence with the anāku delayed to the very end (291).

Hammurabi repeatedly calls himself na'dum, "pious" (lines 61, 149, 241, and 272). The metaphor of Hammurabi as his people's shepherd also recurs. It was a common metaphor for ancient Near Eastern kings, but is perhaps justified by Hammurabi's interest in his subjects' affairs. His affinities with many different gods are stressed throughout. He is portrayed as dutiful in restoring and maintaining temples and peerless on the battlefield. The list of his accomplishments has helped establish that the text was written late in Hammurabi's reign. After the list, Hammurabi explains that he fulfilled Marduk's request to establish "truth and justice" (kittam u mīšaram) for the people (292–302), although the prologue never directly references the laws. The prologue ends "at that time:" (303: inūmišu) and the laws begin.

Epilogue

Unlike the prologue, the 500-line epilogue is explicitly related to the laws. The epilogue begins (3144'–3151'): "these are the just decisions which Hammurabi ... has established" (dīnāt mīšarim ša ḫammurabi... ukinnu-ma). He exalts his laws and his magnanimity (3152'–3239'). He then expresses a hope that "any wronged man who has a lawsuit" (awīlum ḫablum ša awātam iraššû) may have the laws of the stele read aloud to him and know his rights (3240'–3256'). This would bring Hammurabi praise (3257'–3275') and divine favour (3276'–3295'). Hammurabi wishes for good fortune for any ruler who heeds his pronouncements and respects his stele (3296'–3359'). However, he invokes the wrath of the gods on any man who disobeys or erases his pronouncements (3360'–3641', the end of the text).

The epilogue contains much legal imagery, and the phrase "to prevent the strong from oppressing the weak" (3202'–3203': dannum enšam ana lā ḫabālim) is reused from the prologue. However, the king's main concern appears to be ensuring that his achievements are not forgotten and his name not sullied. The list of curses heaped upon any future defacer is 281 lines long and extremely forceful. Some of the curses are very vivid: "may the god Sin ... decree for him a life that is no better than death" (3486'–3508': sîn... balāṭam ša itti mūtim šitannu ana šīmtim lišīmšum); "may he conclude every day, month, and year of his reign with groaning and mourning" (3497'–3501': ūmī warḫī šanāt palēšu ina tānēḫim u dimmatim lišaqti); may he experience "the spilling of his life force like water" (3435'–3436': tabāk napištišu kīma mê). Hammurabi implores a variety of gods individually to turn their particular attributes against the defacer. For example: "may the god Adad ... deprive him of the benefits of rain from heaven and flood from the springs" (3509'–3515': adad... zunnī ina šamê mīlam ina nagbim līṭeršu); "may the god Ea ... deprive him of all understanding and wisdom, and may he lead him into confusion" (3440'–3451': ea... uznam u nēmeqam līṭeršu-ma ina mīšītim littarrūšu). Gods and goddesses are invoked in this order:

1. Anum (3387'–3394')
2. Enlil (3395'–3422')
3. Ninlil (3423'–3439')
4. Ea (3440'–3458')
5. Shamash (3459'–3485')
6. Sin (3486'–3508')
7. Adad (3509'–3525')
8. Zababa (3526'–3536')
9. Ishtar (3537'–3573')
10. Nergal (3574'–3589')
11. Nintu (3590'–3599')
12. Ninkarrak (3600'–3619')
13. All the gods (3620'–3635')
14. Enlil, a second time (3636'–3641')

Laws

The Code of Hammurabi is the longest and best-organised legal text from the ancient Near East, as well as the best-preserved. The classification below (columns 1–3) is Driver & Miles', with several amendments, and Roth's translation is used. Laws represented by letters are those reconstructed primarily from documents other than the Louvre stele.

Theories of purpose

The purpose and legal authority of the Code have been disputed since the mid-20th century. Theories fall into three main categories: that it is legislation, whether a code of law or a body of statutes; that it is a sort of law report, containing records of past cases and judgments; and that it is an abstract work of jurisprudence. The jurisprudence theory has gained much support within Assyriology.

Legislation

The term "code" presupposes that the document was intended to be enforced as legislation. It was used by Scheil in his editio princeps, and widely adopted afterwards. C. H. W. Johns, one of the most prolific early commentators on the document, proclaimed that "the Code well deserves its name". Recent Assyriologists have used the term without comment, as well as scholars outside Assyriology. However, only if the text was intended as enforced legislation can it truly be called a code of law and its provisions laws.

The document, on first inspection, resembles a highly organised code similar to the Code of Justinian and the Napoleonic Code. There is also evidence that dīnātum, which in the Code of Hammurabi sometimes denote individual "laws", were enforced. One copy of the Code calls it a ṣimdat šarrim, "royal decree", which denotes a kind of enforced legislation.

However, the arguments against this view are strong. Firstly, it would make a very unusual code—Reuven Yaron called the designation "Code" a "persistent misnomer". Vital areas of society and commerce are omitted. For example, Marc Van De Mieroop observes that the Code "deals with cattle and agricultural fields, but it almost entirely ignores the work of shepherds, vital to Babylonia's economy". Then, against the legislation theory more generally, highly implausible circumstances are covered, such as threshing with goats, animals far too unruly for the task (law 270). The laws are also strictly casuistic ("if ... then"); unlike in the Mosaic Law, there are no apodictic laws (general commands). These would more obviously suggest prescriptive legislation. The strongest argument against the legislation theory, however, is that most judges appear to have paid the Code no attention. This line of criticism originated with Benno Landsberger in 1950. No Mesopotamian legal document explicitly references the Code or any other law collection, despite the great scale of the corpus. Two references to prescriptions on "a stele" (narû) come closest. In contrast, numerous judgments cite royal mīšarum-decrees. Raymond Westbrook held that this strengthened the argument from silence that ancient Near Eastern legal "codes" had legal import. Furthermore, many Old Babylonian judgments run entirely counter to the Code's prescriptions.

Law report

A second theory is that the Code is a sort of law report, and as such contains records of past cases and judgments, albeit phrased abstractly. This would provide one explanation for the casuistic format of the "laws"; indeed, Jean Bottéro believed he had found a record of a case that inspired one. However, such finds are inconclusive and very rare, despite the scale of the Mesopotamian legal corpus. Furthermore, legal judgments were frequently recorded in Mesopotamia, and they recount the facts of the case without generalising them. These judgments were concerned almost exclusively with points of fact, prompting Martha Roth to comment: "I know of only one case out of thousands extant that might be said to revolve around a point of law".

Jurisprudence

A third theory, which has gained traction within Assyriology, is that the Code is not a true code but an abstract treatise on how judgments should be formulated. This led Fritz Rudolf Kraus, in an early formulation of the theory, to call it jurisprudence (Rechtssprüche). Kraus proposed that it was a work of Mesopotamian scholarship in the same category as omen collections like šumma ālu and ana ittišu. Others have provided their own versions of this theory. A. Leo Oppenheim remarked that the Code of Hammurabi and similar Mesopotamian law collections "represent an interesting formulation of social criticism and should not be taken as normative directions".

This interpretation bypasses the problem of low congruence between the Code and actual legal judgments. Secondly, the Code does bear striking similarities to other works of Mesopotamian scholarship. Key points of similarity are the list format and the order of the items, which Ann Guinan describes as a complex "serial logic". Marc Van De Mieroop explains that, in common with other works of Mesopotamian scholarship such as omen lists, king lists, and god lists, the entries of the Code of Hammurabi are arranged according to two principles. These are "opposition"—whereby a variable in one entry is altered to make another entry—and "pointillism"—whereby new conditions are added to an entry, or paradigmatic series pursued, to generate a sequence. Van De Mieroop provides the following examples:

If a physician performs major surgery with a bronze lancet upon an and thus heals the , or opens an 's temple with a bronze lancet and thus heals the 's eye, he shall take ten shekels of silver (as his fee).

— Law 215

If a physician performs major surgery with a bronze lancet upon an and thus causes the 's death, or opens an 's temple with a bronze lancet and thus blinds the 's eye, they shall cut off his hand.

— Law 218

Laws 215 and 218 illustrate the principle of opposition: one variable of the first law, the outcome of the operations, is altered to create the second.

If there is either a soldier or who is taken captive while serving in a royal fortress if he should return and get back to his city, they shall return to him his field and orchard and he himself shall perform his service obligation.

If there is either a soldier or who is taken captive in a royal fortress, and his son is able to perform the service obligation, the field and orchard shall be given to him, and he shall perform his father's service obligation.

If his son is young and is unable to perform his father's service obligation, one third of the field and orchard shall be given to his mother, and his mother shall raise him.

— Laws 27–29

Here, following the principle of pointillism, circumstances are added to the first entry to create more entries. Pointillism also lets list entries be generated by following paradigmatic series common to multiple branches of scholarship. It can thus explain the implausible entries. For example, in the case of the goat used for threshing (law 270), the previous laws concern other animals that were used for threshing. The established series of domesticated beasts dictated that a goat come next.

Wolfram von Soden, who decades earlier called this way of thinking Listenwissenschaft ("list science"), often denigrated it. However, more recent writers, such as Marc Van De Mieroop, Jean Bottéro, and Ann Guinan, have either avoided value judgments or expressed admiration. Lists were central to Mesopotamian science and logic, and their distinctive structural principles let entries be generated infinitely. Linking the Code to the scribal tradition within which "list science" emerged also explains why trainee scribes copied and studied it for over a millennium. The Code appears in a late Babylonian (7th–6th century BC) list of literary and scholarly texts. No other law collection became so entrenched in the curriculum. Rather than a code of laws, then, it may be a scholarly treatise.

Much has been written on what the Code suggests about Old Babylonian society and its legal system. For example, whether it demonstrates that there were no professional advocates, or that there were professional judges. Scholars who approach the Code as a self-contained document renounce such claims.

Underlying principles

One principle widely accepted to underlie the Code is lex talionis, or "eye for an eye". Laws 196 and 200 respectively prescribe an eye for an eye and a tooth for a tooth when one man destroys another's. Punishments determined by lex talionis could be transferred to the sons of the wrongdoer. For example, law 229 states that the death of a homeowner in a house collapse necessitates the death of the house's builder. The following law 230 states that if the homeowner's son died, the builder's son must die also.

Persons were not equal before the law; not just age and profession but also class and gender dictated the punishment or remedy they received. Three main kinds of person, awīlum, muškēnum, and wardum (male)/amtum (female), are mentioned throughout the Code. A wardum/amtum was a male/female slave. As for awīlum and muškēnum, though contentious, it seems likely that the difference was one of social class, with awīlum meaning something like "gentleman" and muškēnum something like "commoner". The penalties were not necessarily stricter for a muškēnum than an awīlum: a muškēnum's life may have been cheaper, but so were some of his fines. There was also inequality within these classes: laws 200 and 202, for example, show that one awīlum could be of higher rank than another.

The above principles are distant in spirit from modern systems of common and civil law, but some may be more familiar. One such principle is the presumption of innocence; the first two laws of the stele prescribe punishments, determined by lex talionis, for unsubstantiated accusations. Written evidence was valued highly, especially in matters of contract. One crime was given only one punishment. The laws also recognized the importance of the intentions of a defendant. Lastly, the Code's establishment on public stelae was supposedly intended to increase access to justice. Whether or not this was true, suggesting that a wronged man have the stele read aloud to him (lines 3240'–3254') is a concrete measure in this direction, given the inaccessibility of scribal education in the Old Babylonian period.

The prologue asserts that Hammurabi was chosen by the gods. Raymond Westbrook observed that in ancient Near Eastern law, "the king was the primary source of legislation". However, they could delegate their god-given legal authority to judges. However, as Owen B. Jenkins observed, the prescriptions themselves bear "an astonishing absence ... of all theological or even ceremonial law".

Language

The laws are written in the Old Babylonian dialect of Akkadian. Their style is regular and repetitive, and today they are a standard set text for introductory Akkadian classes. However, as A. Leo Oppenheim summarises, the cuneiform signs themselves are "vertically arranged ... within boxes placed in bands side by side from right to left", an arrangement already antiquated by Hammurabi's time.

The laws are expressed in casuistic format: they are conditional sentences with the case detailed in the protasis ("if" clause) and the remedy given in the apodosis ("then" clause). The protasis begins šumma, "if", except when it adds to circumstances already specified in a previous law (e.g. laws 36, 38, and 40). The preterite is used for simple past verbs in the protasis, or possibly for a simple conditional. The perfect often appears at the end of the protasis after one or more preterites to convey sequence of action, or possibly a hypothetical conditional. The durative, sometimes called the "present" in Assyriology, may express intention in the laws. For ease of English reading, some translations give preterite and perfect verbs in the protasis a present sense. In the apodosis, the verbs are in the durative, though the sense varies between permissive—"it is permitted that x happen"—and instructive—"x must/will happen". In both protasis and apodosis, sequence of action is conveyed by suffixing verbs with -ma, "and". -ma can also have the sense "but".

The Code is relatively well-understood, but some items of its vocabulary are controversial. As mentioned, the terms awīlum and muškēnum have proved difficult to translate. They probably denote respectively a male member of a higher and lower social class. Wolfram von Soden, in his Akkadisches Handwörterbuch, proposed that muškēnum was derived from šukênum, "to bow down/supplicate". As a word for a man of low social standing, it has endured, possibly from a Sumerian root, into Arabic (miskīn), Italian (meschino), Spanish (mezquino), and French (mesquin). However, some earlier translators, also seeking to explain the muškēnum's special treatment, translated it as "leper" and even "noble". Some translators have supplied stilted readings for awīlum, such as "seignior", "elite man", and "member of the aristocracy"; others have left it untranslated. Certain legal terms have also proved difficult to translate. For example, dīnum and dīttum can denote the law in general as well as individual laws, verdicts, divine pronouncements and other phenomena. mīšarum can likewise denote the law in general as well as a kind of royal decree.

Relation to other law collections

Other Mesopotamian

The Code of Hammurabi bears strong similarities to earlier Mesopotamian law collections. Many purport to have been written by rulers, and this tradition was probably widespread. Earlier law collections express their god-given legitimacy similarly. Like the Code of Hammurabi, they feature prologues and epilogues: the Code of Ur-Nammu has a prologue, the Code of Lipit-Ishtar a prologue and an epilogue, and the Laws of Eshnunna an epilogue. Also, like the Code of Hammurabi, they uphold the "one crime, one punishment" principle. The cases covered and language used are, overall, strikingly similar. Scribes were still copying earlier law collections, such as the Code of Ur-Nammu, when Hammurabi produced his own Code. This suggests that earlier collections may have not only resembled the Code but influenced it. Raymond Westbrook maintained that there was a fairly consistent tradition of "ancient Near Eastern law" which included the Code of Hammurabi, and that this was largely customary law. Nonetheless, there are differences: for example, Stephen Bertman has suggested that where earlier collections are concerned with compensating victims, the Code is concerned with physically punishing offenders. Additionally, the above conclusions of similarity and influence apply only to the law collections themselves. The actual legal practices from the context of each code are mysterious.

The Code of Hammurabi also bears strong similarities to later Mesopotamian law collections: to the casuistic Middle Assyrian Laws and to the Neo-Babylonian Laws, whose format is largely relative ("a man who ..."). It is easier to posit direct influence for these later collections, given the Code's survival through the scribal curriculum. Lastly, although influence is more difficult to trace, there is evidence that the Hittite laws may have been part of the same tradition of legal writing outside Mesopotamia proper.

Mosaic, Graeco-Roman, and modern

The relationship of the Code of Hammurabi to the Mosaic Law, specifically the Covenant Code of Exodus 20:22–23:19, has been a subject of discussion since its discovery. Friedrich Delitzsch argued the case for strong influence in a 1902 lecture, in one episode of the "Babel und Bibel" ("Babel and Bible", or "Panbabylonism") debate on the influence of ancient Mesopotamian cultures on ancient Israel. However, he was met with strong resistance. There was cultural contact between Mesopotamia and the Levant, and Middle Bronze Age tablets of casuistic cuneiform law have been found at Hazor. There are also similarities between the Code of Hamurabi and the Covenant Code: in the casuistic format, in principles such as lex talionis ("eye for an eye"), and in the content of the provisions. Some similarities are striking, such as in the provisions concerning a man-goring ox (Code of Hammurabi laws 250–252, Exodus 21:28–32). Certain writers have posited direct influence: David P. Wright, for example, asserts that the Covenant Code is "directly, primarily, and throughout dependent upon the Laws of Hammurabi", "a creative rewriting of Mesopotamian sources ... to be viewed as an academic abstraction rather than a digest of laws". Others posit indirect influence, such as via Aramaic or Phoenician intermediaries. The consensus, however, is that the similarities are a result of inheriting common traditions. In 1916, George A. Barton cited "a similarity of antecedents and of general intellectual outlook". More recently, David Winton Thomas has stated: "There is no ground for assuming any direct borrowing by the Hebrew from the Babylonian. Even where the two sets of laws differ little in the letter, they differ much in the spirit".

The influence of the Code of Hammurabi on later law collections is difficult to establish. Marc Van De Mieroop suggests that it may have influenced the Greek Gortyn Code and the Roman Twelve Tables. However, even Van De Mieroop acknowledges that most Roman law is not similar to the Code, or likely to have been influenced by it.

Knowing the Code's influence on modern law requires knowing its influence on Mosaic and Graeco-Roman law. Since this is contentious, commentators have restricted themselves to observing similarities and differences between the Code and, e.g., United States law and medieval law. Some have remarked that the punishments found in the Code are no more severe, and, in some cases, less so.

Law 238 stipulates that a sea captain, ship-manager, or ship charterer that saved a ship from total loss was only required to pay one-half the value of the ship to the ship-owner. In the Digesta seu Pandectae (533), the second volume of the codification of laws ordered by Justinian I (527–565) of the Eastern Roman Empire, a legal opinion written by the Roman jurist Paulus at the beginning of the Crisis of the Third Century in 235 AD was included about the Lex Rhodia ("Rhodian law") that articulates the general average principle of marine insurance established on the island of Rhodes in approximately 1000 to 800 BC as a member of the Doric Hexapolis, plausibly by the Phoenicians during the proposed Dorian invasion and emergence of the purported Sea Peoples during the Greek Dark Ages (c. 1100 – c. 750) that led to the proliferation of the Doric Greek dialect. The law of general average constitutes the fundamental principle that underlies all insurance.

Reception outside Assyriology

The Code is often referred to in legal scholarship, where its provisions are assumed to be laws, and the document is assumed to be a true code of laws. This is also true outside academia.

There is a relief portrait of Hammurabi over the doors to the House Chamber of the U.S. Capitol, along with portraits of 22 others "noted for their work in establishing the principles that underlie American law". There are replicas of the Louvre stele in institutions around the world, including the Headquarters of the United Nations in New York City and the Peace Palace in The Hague (seat of the International Court of Justice).

Medico-legal legacy and political implications

Hammurabi's Code is notable for its comprehensive approach to law, covering subjects from criminal acts to medical practices. The Code includes specific rules that regulate medical treatments, set surgery fees, and punish malpractice. For instance, if a physician caused the death of a noble during surgery, they would be severely punished, sometimes having their hand cut off. This harshness portrays how seriously medical responsibility was taken even in ancient times.

From a political science perspective, Hammurabi's Code is valuable and fundamental because it demonstrates how law was used to reinforce social hierarchies and maintain control. Pearn (2016) writes that the Code's laws were applied differently depending on a person's social class, so nobles received greater protection than commoners and enslaved people. This legal stratification reflects the power dynamic of Babylonian society and shows how law was used not just to govern but also to preserve the social order.

Finally, the Hammurabi's Code impresses us by its power (even though it is now irrelevant, we still sense its greatness) and severity. The harsh punishments may seem extreme by modern standards, but they were likely necessary to maintain order in a society where survival depended on strict adherence to rules. At the same time, Hammurabi's Code represents a significant step forward in the development of law, medicine and the medico-legal system. By codifying laws and making them public, Hammurabi established a system that would influence generations so that the principles of justice, fairness, and accountability that underpin the Code continue to resonate today.

See also

• History of institutions in Mesopotamia

References

Notes

1. ^ CDLI (2019)'s line numbering, Roth (1995a)'s translation. The line numbers may seem low, since the CDLI edition does not include sections not found on the Louvre stele.

Citations

1. Sasson, Jack. Civilizations of the Ancient Near East. Hendrickson. pp. 901, 908. ISBN 0684192799.
2. Ross, Leslie. Art and Architecture of the World's Religions. Greenwood Press. p. 35.
3. Renger (2020).
4. Van De Mieroop (2007), pp. 92–93.
5. Van De Mieroop (2007), pp. 100–104.
6. Driver & Miles (1952), p. 52; Van De Mieroop (2007), pp. 111–113.
7. Van De Mieroop (2007), pp. 111–113.
8. Driver & Miles (1952), p. 36.
9. Driver & Miles (1952), p. 37.
10. ^ Driver & Miles (1952), p. 9.
11. Kraus (1960), pp. 295–296; Bottéro (1992), p. 181; Roth (1995b), p. 13.
12. Roth (1995a), p. 36.
13. Driver & Miles (1952), pp. 56–57.
14. Louvre (n.d.).
15. ^ Roth (1995b), pp. 15–16.
16. ^ Roth (1995a), p. 74.
17. ^ Scheil (1902), p. 12.
18. Roth (1995b), pp. 23–24.
19. Ornan, Tallay, "Unfinished Business: the Relief on the Hammurabi Louvre Stele Revisited", Journal of Cuneiform Studies, vol. 71, pp. 85–109, 2019
20. Roth (1995b), pp. 21–22.
21. Driver & Miles (1952), pp. 29–30.
22. ^ Roth (1995a), p. 73.
23. ^ Roth (1995b), p. 20.
24. Driver & Miles (1952), pp. 25–56; Van De Mieroop (2016), p. 145.
25. Van De Mieroop (2016), p. 147.
26. ^ Souvay (1910).
27. Scheil (1902), pp. 11–12.
28. Scheil (1902), pp. 13–162.
29. Scheil (1902), plates 3–15.
30. Winckler (1902).
31. ^ Johns (1903a).
32. Bonfante (1903).
33. Wells (1920), p. 245.
34. Kramer (1988), pp. 51–52.
35. Johns (1903b), p. 257; Harper (1904), the title; Equitable Trust Company (1910), the title.
36. Driver & Miles (1952), p. 34ff.; Roth (1995a), p. 71.
37. Finkelstein (1961), p. 101.
38. Johns (1903a), p. v.
39. Johns (1904), p. 68.
40. ^ Johns (1903b), p. 258.
41. Prince (1904), p. 601.
42. ^ Horne (1915).
43. Breasted (1916), p. 131.
44. Johns (1903b), p. 257; Souvay (1910); Everts (1920), p. 45.
45. ^ Jenkins (1905), p. 335.
46. ^ Sampey (1904a); Sampey (1904b); Davies (1905); Johns (1914); Everts (1920); Edwards (1921).
47. Johns (1903a), pp. v–vi; Prince (1904), pp. 601–602; Souvay (1910).
48. North (1993), p. 5.
49. Van Buren (1943); Black & Green (1998), pp. 102–103; Slanski (2012), p. 106.
50. Black & Green (1998), p. 183.
51. Breasted (1916), p. 132.
52. Roth (1995b), pp. 22–23.
53. Charpin (2010), pp. 81–82.
54. Roth (1995b), p. 23.
55. Elsen-Novák & Novák (2006), pp. 148–149.
56. Roth (1995b), p. 16.
57. Huehnergard (2011), p. 160.
58. Davies (1905), p. 15.
59. Roth (1995a), pp. 76–77.
60. Huehnergard (2011), pp. 11–12.
61. Roth (1995a), pp. 77–80.
62. Van De Mieroop (2005), p. 82.
63. ^ Driver & Miles (1952), pp. 40–41.
64. Roth (1995a), pp. 80–81.
65. Roth (1995a), pp. 133–134.
66. Roth (1995a), p. 134.
67. Roth (1995a), pp. 134–135.
68. Roth (1995a), pp. 135–136.
69. ^ Roth (1995a), pp. 136–140.
70. Roth (1995a), p. 133.
71. Driver & Miles (1952), p. 37; Bottéro (1992), p. 167.
72. ^ Roth (1995a), p. 138.
73. ^ Roth (1995a), p. 137.
74. Roth (1995a), p. 71.
75. Van De Mieroop (2016), p. 144.
76. Driver & Miles (1952), pp. 43–45.
77. Roth (1995a), pp. 76–142.
78. Roth (1995a), p. 81.
79. Roth (1995a), p. 85.
80. Roth (1995a), p. 90.
81. Roth (1995a), p. 100.
82. Roth (1995a), p. 119.
83. Roth (1995a), p. 121.
84. ^ Roth (1995a), p. 125.
85. ^ Roth (1995a), p. 128.
86. ^ Roth (1995a), p. 132.
87. ^ Kraus (1960), p. 292.
88. Kraus (1960); Oppenheim (1977); Bottéro (1992), chapter 10; Van De Mieroop (2016), chapters 6–7.
89. Souvay (1910); Kraus (1960), p. 283.
90. Pfeifer (2011); Rositani (2017).
91. Alkadry (2002–2003); Pearn (2016).
92. ^ Van De Mieroop (2016), p. 170.
93. Oppenheim & Reiner (1959), pp. 150–153.
94. Bottéro (1992), pp. 180–181.
95. Yaron (2013), p. 580.
96. Driver & Miles (1952), pp. 45ff.; Bottéro (1992), p. 161.
97. Van De Mieroop (2016), p. 165.
98. Van De Mieroop (2016), p. 167; Roth (1995a), p. 130.
99. Van De Mieroop (2016), p. 172.
100. ^ Van De Mieroop (2016), p. 173.
101. Westbrook (2003), p. 19.
102. Oppenheim (1977), p. 211; Bottéro (1992), pp. 163–164; Roth (1995a), pp. 5–6.
103. Bottéro (1992), pp. 171–172.
104. Bottéro (1992), pp. 163–164.
105. Roth (2001); Klein (2007).
106. Roth (2001), p. 255.
107. ^ Kraus (1960), p. 288.
108. Saggs (1965), pp. 80ff.; Oppenheim (1977), p. 287; Bottéro (1992), pp. 166–167; Van De Mieroop (2016), chapters 6–7.
109. Oppenheim (1977), p. 158.
110. Bottéro (1992), pp. 173ff.; Van De Mieroop (2016), pp. 165ff.
111. Guinan (2014), p. 115.
112. Van De Mieroop (2016), pp. 165ff..
113. ^ Roth (1995a), p. 123.
114. Van De Mieroop (2016), p. 166.
115. Roth (1995a), p. 86.
116. Van De Mieroop (2016), pp. 166–167.
117. Roth (1995a), p. 130.
118. ^ Van De Mieroop (2016), p. 167.
119. von Soden (1936).
120. von Soden (1936); von Soden (1994), pp. 146, 158.
121. Van De Mieroop (2016), p. 175.
122. Charpin (2010), p. 81.
123. ^ Johns (1911).
124. Charpin (2010), p. 52.
125. Kraus (1960), pp. 295–296; Roth (1995b), pp. 13ff.
126. Roth (1995a), pp. 72–73.
127. Jenkins (1905), p. 339.
128. Roth (1995b), pp. 34ff.; Roth (1995a), p. 121.
129. Johns (1911); Roth (1995a), p. 72.
130. Prince (1904), p. 607.
131. George (2005), p. 7.
132. Westbrook (2003), p. 26.
133. Bottéro (1992), p. 165.
134. Richardson (2004), p. 7.
135. Oppenheim (1977), p. 240.
136. ^ Roth (1995a), p. 8.
137. Roth (1995a), p. 88.
138. Roth (1995a); Van De Mieroop (2016), chapters 6–7.
139. Roth (1995a), pp. 7–8.
140. Huehnergard (2011), pp. 49–50.
141. Huehnergard (2011), p. 50.
142. Roth (1995a), pp. 8–9.
143. von Soden (1972), p. 684.
144. Wohl (1968), p. 6.
145. Johns (1914), p. 76.
146. Meek (1958), pp. 139ff.
147. Van De Mieroop (2016).
148. Bottéro (1992), p. 166.
149. Roth (1995a), pp. 76ff.
150. Kraus (1960), p. 285; Roth (1995b), p. 20; Charpin (2010), p. 72.
151. Kraus (1960), p. 294; Finkelstein (1961); Charpin (2010), p. 72.
152. Driver & Miles (1952), p. 5.
153. Van De Mieroop (2016), p. 161.
154. Van De Mieroop (2016), pp. 144–145.
155. Westbrook (2003), pp. 4ff..
156. Westbrook (2003), p. 21.
157. Bertman (2003), p. 71.
158. Kraus (1960), pp. 295–296; Roth (1995b), p. 13.
159. Roth (1995a), p. 145.
160. Roth (1995b), p. 19.
161. Ziolkowski (2012), p. 25.
162. Horowitz, Oshima & Vukosavović (2012).
163. Wright (2009), chapter 8.
164. Wright (2009), p. 3.
165. Van De Mieroop (2016), p. 152.
166. Wright (2009), p. vii.
167. Barton (1916), p. 340.
168. Thomas (1958), p. 28.
169. Van De Mieroop (2016), pp. 152–153.
170. Van De Mieroop (2016), pp. 153–154.
171. Equitable Trust Company (1910); Jenkins (1905); Driver & Miles (1952), p. 57; Van De Mieroop (2016), p. 154.
172. Johns (1903b), p. 258; Driver & Miles (1952), p. 57.
173. Hammurabi (1903). "Code of Hammurabi, King of Babylon". Records of the Past. 2 (3). Translated by Sommer, Otto. Washington, DC: Records of the Past Exploration Society: 86. Retrieved 20 June 2021. 238. If a skipper wrecks ... money to its owner.
174. Hammurabi (1904). "Code of Hammurabi, King of Babylon" (PDF). Liberty Fund. Translated by Harper, Robert Francis (2nd ed.). Chicago: University of Chicago Press. p. 85. Archived (PDF) from the original on 13 June 2021. Retrieved 20 June 2021. §238. If a boatman sink ... one-half its value.
175. Hammurabi (1910). "Code of Hammurabi, King of Babylon". Avalon Project. Translated by King, Leonard William. New Haven, CT: Yale Law School. Archived from the original on 10 May 2021. Retrieved 20 June 2021. 238. If a sailor wreck ... its value in money.
176. "The Civil Law, Volume I, The Opinions of Julius Paulus, Book II". Constitution.org. Translated by Scott, S.P. Central Trust Company. 1932. Archived from the original on 24 June 2021. Retrieved 16 June 2021. TITLE VII. ON THE LEX RHODIA. It is provided by the Lex Rhodia that if merchandise is thrown overboard for the purpose of lightening a ship, the loss is made good by the assessment of all which is made for the benefit of all.
177. ^ The Documentary History of Insurance, 1000 B.C. – 1875 A.D. Newark, NJ: Prudential Press. 1915. pp. 5–6. Retrieved 15 June 2021.
178. "Duhaime's Timetable of World Legal History". Duhaime's Law Dictionary. Archived from the original on 24 June 2021. Retrieved 9 April 2016.
179. United Nations (1985); Schwartz (1993); Mark (2021); International Court of Justice (2014); Rattini (2019); Scharping (2020); United Nations (n.d.); Louvre (n.d.); Hammurabi Human Rights Organization (n.d.).
180. Architect of the Capitol (n.d.).
181. United Nations (n.d.).
182. International Court of Justice (2014).
183. Pearn, John. “Hammurabi’s Code: A Primary Datum in the Conjoined Professions of Medicine and Law.” Medico-Legal Journal 84, no. 3 (July 9, 2016): 125–31. https://doi.org/10.1177/0025817216646038.

Sources

Books and journals

• Alkadry, Mohamad G. (2002–2003). "Bureaucracy: Weber's or Hammurabi's? Ideal or Ancient?". Public Administration Quarterly. 26 (3/4): 317–345. doi:10.1177/073491490202600303. JSTOR 41288176. Archived from the original on 30 October 2021. Retrieved 18 February 2021.
• Barton, George A. (1916). Archæology and the Bible. Philadelphia, Pennsylvania: American Sunday-School Union. OCLC 38608139. Archived from the original on 29 December 2022. Retrieved 6 April 2021.
• Bertman, Stephen (2003). Handbook to Life in Ancient Mesopotamia (illustrated ed.). Oxford, England: Oxford University Press. ISBN 0195183649.
• Black, Jeremy; Green, Anthony (1998). Gods, Demons and Symbols of Ancient Mesopotamia: An Illustrated Dictionary. Illustrated by Tessa Rickards (2nd ed.). London, England: British Museum Press. ISBN 0714117056. Archived from the original on 28 October 2021. Retrieved 22 February 2021.
• Bonfante, Pietro (1903). Le leggi di Hammurabi re di Babilonia (a. 2285-2242 a. C.) con prefazione e note. Milan, Italy: Società Editrice Libraria. OCLC 458622280.
• Bottéro, Jean (1992). Mesopotamia: Writing, Reasoning, and the Gods. Translated by Bahrani, Zainab; Van De Mieroop, Marc. Chicago, IL: University of Chicago Press. ISBN 0226067262. Archived from the original on 3 March 2021. Retrieved 6 April 2021.
• Breasted, James H. (1916). Ancient Times: A History of the Early World. An Introduction to the Study of Ancient History and the Career of Early Man (PDF). Vol. 1. Boston: Ginn and Company. OCLC 819692479. Archived (PDF) from the original on 7 August 2021. Retrieved 21 March 2021.
• Charpin, Dominique (2010). Writing, Law, and Kingship in Old Babylonian Mesopotamia. Translated by Todd, Jane M. Chicago, IL: University of Chicago Press. ISBN 9780226101583. Archived from the original on 2 March 2021. Retrieved 18 February 2021.
• Davies, William W. (1905). The Codes of Hammurabi and Moses. Cincinnati, OH: Jennings & Graham. ISBN 9781594621437.
• Driver, Godfrey R.; Miles, John C. (1952). The Babylonian Laws: Edited with Translation and Commentary. Vol. 1: Legal Commentary. Oxford, England: Clarendon Press. ISBN 9781556352294. OCLC 493362814.
• Edwards, Chilperic (1921). The Hammurabi Code and the Sinaitic Legislation (3rd ed.). London, England: Watts & Co. OCLC 1057941378.
• Elsen-Novák, Gabriele; Novák, Mirko (2006). "Der "König der Gerechtigkeit": Zur Ikonologie und Teleologie des 'Codex' Ḫammurapi" (PDF). Baghdader Mitteilungen. 37: 131–155. Archived (PDF) from the original on 1 November 2018.
• Equitable Trust Company (1910). Laws of Descent and Inheritance, Ancient and Modern: A Comparison of the Code of Hammurabi (Babylon 2250 B.C.) with the Present Law of Illinois. Chicago, IL. OCLC 12714901. Archived from the original on 7 March 2023. Retrieved 18 February 2021.{{cite book}}: CS1 maint: location missing publisher (link)
• Everts, William W. (1920). "The Laws of Moses and of Hammurabi". Review and Expositor. 17 (1): 37–50. doi:10.1177/003463732001700104. S2CID 147308826.
• Finkelstein, J. J. (1961). "Ammiṣaduqa's Edict and the Babylonian "Law Codes"" (PDF). Journal of Cuneiform Studies. 15 (3): 91–104. doi:10.2307/1359019. JSTOR 1359019. S2CID 159897894. Archived (PDF) from the original on 25 March 2022.
• George, Andrew R. (2005). "In search of the é . d u b . b a . a : The ancient Mesopotamian school in literature and reality". In Sefati, Yitzhak (ed.). "An Experienced Scribe who Neglects Nothing". Ancient Near Eastern Studies in Honor of Jacob Klein. Bethesda, MD: CDL Press. pp. 127–137. ISBN 1883053838. Archived from the original on 2 May 2021. Retrieved 22 February 2021.
• Guinan, Ann (2014). "Laws and Omens: Obverse and Inverse". In Fincke, Jeanette C. (ed.). Divination in the Ancient Near East: a workshop on divination conducted during the 54th Rencontre Assyriologique Internationale, Würzburg, 2008. Winona Lake, IN: Eisenbrauns. pp. 105–121. ISBN 9781575063010.
• Harper, Robert F. (1904). The Code of Hammurabi, King of Babylon: About 2250 B.C. Chicago, IL: University of Chicago Press. ISBN 9781584770039. Archived from the original on 7 April 2022. Retrieved 21 March 2021.
• Horne, Charles F. (1915). "Introduction". In Horne, Charles F.; King, Leonard W. (eds.). The Code of Hammurabi. CreateSpace Independent Publishing Platform. ISBN 9781517169084. Archived from the original on 27 February 2021. Retrieved 18 February 2021.
• Horowitz, Wayne; Oshima, Takayoshi; Vukosavović, Filip (2012). "Hazor 18: Fragments of a Cuneiform Law Collection from Hazor" (PDF). Israel Exploration Journal. 62 (2): 158–176. JSTOR 43855622. Archived (PDF) from the original on 7 August 2021.
• Huehnergard, John (2011). A Grammar of Akkadian. Harvard Semitic Studies (45) (3rd ed.). Winona Lake, IN: Eisenbrauns. ISBN 9781575069418. Archived from the original on 28 October 2021. Retrieved 22 February 2021.
• Jenkins, Owen B. (1905). "The Code of Hammurabi, Compared with American Law". American Law Review. 39: 330–341. hdl:2027/mdp.35112104105038. Archived from the original on 15 March 2021. Retrieved 18 February 2021.
• Johns, Claude H. W. (1903a). The Oldest Code of Laws in the World. Edinburgh, Scotland: T. & T. Clark. OCLC 958731791. Archived from the original on 8 June 2021. Retrieved 18 February 2021.
• Johns, Claude H. W. (1903b). "The Code of Hammurabi". The Expository Times. 14 (6): 257–258. doi:10.1177/001452460301400604. S2CID 170581793. Archived from the original on 27 October 2021. Retrieved 18 February 2021.
• Johns, Claude H. W. (1904). Babylonian and Assyrian Laws, Contracts and Letters. New York, NY: Charles Scribner's Sons. ISBN 9781112116025. Archived from the original on 28 October 2021. Retrieved 18 February 2021.
• Johns, Claude Hermann Walter (1911). "Babylonian Law § Code of Khammurabi" . In Chisholm, Hugh (ed.). Encyclopædia Britannica. Vol. 3 (11th ed.). Cambridge University Press. pp. 116 seq.
• Johns, Claude H. W. (1914). The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples (The Schweich Lectures, 1912). London, England: British Academy. OCLC 314669237. Archived from the original on 7 December 2020. Retrieved 18 February 2021.
• Klein, Jacob (2007). "A Collection of Model Court Cases from Old Babylonian Nippur (CBS 11324)". Zeitschrift für Assyriologie und Vorderasiatische Archäologie. 97: 1–25. doi:10.1515/ZA.2007.001. S2CID 162242851. Archived from the original on 28 October 2021. Retrieved 23 February 2021.
• Kramer, Samuel N. (1988). History Begins at Sumer: Thirty-Nine Firsts in Recorded History. Philadelphia, Pennsylvania: University of Pennsylvania Press. ISBN 0812212762.
• Kraus, Fritz R. (1960). "Ein zentrales Problem des altmesopotamischen Rechtes: Was ist der Codex Hammurabi?". Genava. 8: 283–296. Archived from the original on 2 May 2021. Retrieved 18 February 2021.
• Meek, Theophile J. (1958). "The Code of Hammurabi". In Pritchard, James B. (ed.). The Ancient Near East. Vol. 1: An Anthology of Texts and Pictures. Princeton, NJ: Princeton University Press. pp. 138–167. ISBN 0691002002.
• North, Robert (1993). "Abraham". In Metzger, Bruce M.; Coogan, Michael D. (eds.). The Oxford Companion to the Bible. Oxford, England: Oxford University Press. pp. 3–5. ISBN 0195046455.
• Oppenheim, A. Leo (1977). Reiner, Erica (ed.). Ancient Mesopotamia: Portrait of a Dead Civilization (revised ed.). Chicago, IL: University of Chicago Press. ISBN 0226631877. Archived from the original on 26 February 2021. Retrieved 18 February 2021.
• Oppenheim, A. Leo; Reiner, Erica, eds. (1959). Chicago Assyrian Dictionary. Vol. D. Chicago, IL: University of Chicago Press. ISBN 9780918986092. Archived from the original on 6 September 2017. Retrieved 22 February 2021.
• Pearn, John (2016). "Hammurabi's Code: A primary datum in the conjoined professions of medicine and law". Medico-Legal Journal. 84 (3): 125–131. doi:10.1177/0025817216646038. PMID 27151189. S2CID 206425860. Archived from the original on 27 October 2021. Retrieved 18 February 2021.
• Pfeifer, Guido (2011). "Judicial Authority in backlit Perspective:Judges in the Old Babylonian Period". Forum Historiae Iuris. Erste europäische Internetzeitschrift für Rechtsgeschichte. Archived from the original on 28 October 2021. Retrieved 18 February 2021.
• Prince, John D. (1904). "Review: The Code of Hammurabi". The American Journal of Theology. 8 (3): 601–609. doi:10.1086/478479. JSTOR 3153895.
• Richardson, Mervyn E. R. (2004). Hammurabi's Laws: Text, Translation and Glossary. London, England: T. & T. Clark. ISBN 9780567081582. Archived from the original on 28 October 2021. Retrieved 18 February 2021.
• Rositani, Annunziata (2017). "Work and Wages in the Code of Hammurabi". Egitto e Vicino Oriente. 40: 47–72. JSTOR 26490822. Archived from the original on 30 October 2021. Retrieved 18 February 2021.
• Roth, Martha T. (1995a). Law Collections from Mesopotamia and Asia Minor. Atlanta, GA: Society of Biblical Literature. ISBN 9780788501043. Archived from the original on 5 October 2022. Retrieved 18 February 2021.
• Roth, Martha T. (1995b). "Mesopotamian Legal Traditions and the Laws of Hammurabi". Chicago-Kent Law Review. 71 (1): 13–39. Archived from the original on 24 June 2021. Retrieved 18 February 2021.
• Roth, Martha (2001). "Reading Mesopotamian Law Cases PBS 5 100: A Question of Filiation" (PDF). Journal of the Economic and Social History of the Orient. 44 (3): 243–292. doi:10.1163/156852001320123092. JSTOR 3632353.
• Saggs, Henry W. F. (1965). Everyday Life in Babylonia and Assyria (PDF). Illustrated by Helen N. Fairfield. London, England: B. T. Batsford. ISBN 978-0713416640. Archived (PDF) from the original on 30 January 2005.
• Sampey, John R. (1904a). "The Code of Hammurabi and the Laws of Moses. I". Baptist Review and Expositor. 1 (1): 97–107. doi:10.1177/003463730400100109. S2CID 201274574. Archived from the original on 27 October 2021. Retrieved 18 February 2021.
• Sampey, John R. (1904b). "The Code of Hammurabi and the Laws of Moses. II". Baptist Review and Expositor. 1 (2): 233–243. doi:10.1177/003463730400100207. S2CID 220709977. Archived from the original on 27 October 2021. Retrieved 18 February 2021.
• Scheil, Jean-Vincent (1902). Mémoires de la Délégation en Perse. Vol. 4: Textes élamites-sémitiques. Paris, France: Ernest Leroux. ISBN 9780483463967.
• Slanski, Kathryn E. (2012). "The Law of Hammurabi and its Audience". Yale Journal of Law and the Humanities. 24 (1): 97–110. Archived from the original on 7 March 2023. Retrieved 19 May 2021.
• Souvay, Charles (1910). "Hammurabi". The Catholic Encyclopaedia. New York, NY: Robert Appleton Company. Archived from the original on 25 January 2021. Retrieved 18 February 2021.
• Thomas, David W. (1958). Documents from Old Testament Times. Edinburgh, Scotland: Thomas Nelson and Sons. ISBN 9780061300851.
• Van Buren, E. Douglas (1943). "Concerning the Horned Cap of the Mesopotamian Gods" (PDF). Orientalia. NOVA. 12: 318–327. JSTOR 43582782. Archived (PDF) from the original on 7 August 2021.
• Van De Mieroop, Marc (2005). Van De Mieroop, Marc (ed.). King Hammurabi of Babylon: A Biography. Blackwell Ancient Lives. Oxford, England: Wiley-Blackwell. doi:10.1002/9780470696095. ISBN 9781405126595. Archived from the original on 12 May 2023. Retrieved 18 February 2021.
• Van De Mieroop, Marc (2007). A History of the Ancient Near East ca. 3000 – 323 BC (2nd ed.). Oxford, England: Wiley-Blackwell. ISBN 9781405149105.
• Van De Mieroop, Marc (2016). Philosophy before the Greeks: The Pursuit of Truth in Ancient Babylonia. Princeton, NJ: Princeton University Press. ISBN 9780691176352. JSTOR j.ctt1h4mhtb. Archived from the original on 11 May 2021. Retrieved 18 February 2021.
• von Soden, Wolfram (1936). "Leistung und Grenze sumerischer und babylonischer Wissenschaft". Die Welt Als Geschichte. 2: 411–505, 509–557.
• von Soden, Wolfram, ed. (1972). Akkadisches Handwörterbuch. Vol. 2. Wiesbaden, Germany: Harrassowitz. ISBN 9783447014717.
• von Soden, Wolfram (1994). The Ancient Orient: An Introduction to the Study of the Ancient Near East. Translated by Schley, Donald G. Grand Rapids, MI: Eerdmans. ISBN 9780802801425.
• Wells, Herbert G. (1920). The Outline of History. Vol. 1. New York, NY: The Macmillan Company. OCLC 867104710. Archived from the original on 21 May 2022. Retrieved 6 April 2021.
• Westbrook, Raymond (2003). "Introduction: The Character of Ancient Near Eastern Law". In Westbrook, Raymond (ed.). A History of Ancient Near Eastern Law (2 Volumes): Volumes 1 and 2. Leiden, Netherlands: Brill Publishers. ISBN 9004129952.
• Winckler, Hugo (1902). Die Gesetze Hammurabis, Königs von Babylon um 2250 v. Chr. Leipzig, Germany: J. C. Hinrichs. ISBN 0274823098.
• Wohl, Howard (1968). "Towards a definition of muškênum". Journal of Ancient Near Eastern Studies. 1 (1): 5–10. Archived from the original on 19 September 2021. Retrieved 18 February 2021.
• Wright, David P. (2009). Inventing God's Law: How the Covenant Code of the Bible Used and Revised the Laws of Hammurabi. Oxford, England: Oxford University Press. ISBN 9780195304756. Archived from the original on 7 March 2023. Retrieved 18 February 2021.
• Yaron, Reuven (2013). "Review: Martha T. Roth, Law Collections from Mesopotamia and Asia Minor, with a contribution by Harry A. Hoffner Jr., hg. von Piotr Michalowski, 2. Aufl". Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung. 116 (1): 580–582. doi:10.7767/zrgra.1999.116.1.580. S2CID 163878444. Archived from the original on 5 May 2021. Retrieved 6 May 2021.
• Ziolkowski, Theodore (2012). Gilgamesh Among Us: Modern Encounters with the Ancient Epic. Ithaca, NY: Cornell University Press. ISBN 9780801450358.

Web

• Architect of the Capitol (n.d.). "Hammurabi, Relief Portrait". aoc.gov. Architect of the Capitol. Archived from the original on 16 February 2021. Retrieved 17 February 2021.
• CDLI (10 December 2019). "RIME 4.03.06.add21 (Laws of Hammurapi) composite". cdli.ucla.edu. Archived from the original on 8 January 2021. Retrieved 15 March 2021.
• Corban University (n.d.). "Prewitt-Allen Archaeological Museum". corban.edu. Corban University. Archived from the original on 11 February 2021. Retrieved 16 February 2021.
• Hammurabi Human Rights Organization (n.d.). "Organization Definition". hhro.org. Hammurabi Human Rights Organization. Archived from the original on 27 February 2021. Retrieved 20 March 2021.
• International Court of Justice (29 April 2014). "Unveiling of a stele bearing the Law Code of Hammurabi at the seat of the International Court of Justice" (PDF) (Press release). International Court of Justice. Archived (PDF) from the original on 7 August 2021. Retrieved 16 February 2021.
• Louvre (n.d.). "Law Code of Hammurabi, king of Babylon". louvre.fr. Louvre, Department of Near Eastern Antiquities: Mesopotamia. Archived from the original on 5 December 2020. Retrieved 16 February 2021.
• Majdfar, Ali (n.d.). "PERSIA the ANCIENT IRAN". pbase.com/k_amj. Archived from the original on 15 September 2018. Retrieved 16 February 2021.
• Music&NEW (2018). "Miss Hammurabi (Original Television Soundtrack)". Apple Music. Archived from the original on 7 March 2023. Retrieved 20 March 2021.
• Nuclear Blast (2020). "Titans of Creation". music.apple.com. Apple Music. Archived from the original on 6 May 2021. Retrieved 6 May 2021.
• Oriental Institute (n.d.). "Stele (Cast)". oi-db.uchicago.edu. University of Chicago Oriental Institute. Archived from the original on 28 September 2021. Retrieved 16 February 2021.
• Penn Museum (n.d.). "Law Code of Hammurabi". penn.museum. Penn Museum. Archived from the original on 6 March 2021. Retrieved 16 February 2021.
• Rattini, Kristin Baird (22 April 2019). "Who was Hammurabi?". National Geographic. Archived from the original on 12 August 2020. Retrieved 16 February 2021.
• Renger, Johannes M. (27 March 2020). "Hammurabi". Encyclopædia Britannica (online ed.). Archived from the original on 27 June 2015. Retrieved 6 May 2021.
• Scharping, Nathaniel (1 December 2020). "How the Ancient Code of Hammurabi Reveals a Society Both Similar and Alien to Ours". discovermagazine.com. Discover Magazine. Archived from the original on 25 January 2021. Retrieved 16 February 2021.
• Schwartz, Amy E. (15 April 1993). "The Louvre and the Lawgiver". The Washington Post. Archived from the original on 7 March 2023. Retrieved 16 February 2021.
• Stark, Julie; McNeill, Heather, eds. (2016). Newsletter (PDF). Kansas City, KS: University of Kansas Medical Center. Archived from the original (PDF) on 7 August 2021. {{cite book}}: |website= ignored (help)
• United Nations (n.d.). "Replica of The Codes of Hammurabi". un.org. United Nations. Archived from the original on 19 April 2022. Retrieved 16 February 2021.
• United Nations (1 August 1985). "Gift of Iraq to the United Nations". unmultimedia.org. United Nations. Archived from the original on 10 May 2021. Retrieved 16 February 2021.
• Waymarking (n.d.). "Code of Hammurabi – Pergamon Museum, Berlin, Germany". waymarking.com. Waymarking. Archived from the original on 8 February 2021. Retrieved 16 February 2021.
• Mark, Joshua J. (24 June 2021). "Code of Hammurabi". World History Encyclopedia. Archived from the original on 4 May 2023. Retrieved 4 May 2023.

External links

• CDLI's transliteration, normalisation, and translation
• Scheil's editio princeps (in French)
• King's translation
• Johns' translation
• Harper's translation (Wikisource)
• The Louvre's page

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