Friday, September 26, 2008

The Great Code of Hammurabi

Sept 27, 2008

During my visit to Paris in 1985, I dropped in at the Louvre. I asked the guide to show me only the most famous exhibits as I did not have much free time at that point. I saw Venus de Milo and Mona Lisa. After that I was led to the West Asian section of the museum where I was shown the 7-foot high stele (pronounced steelee) made of black diorite on which the Code of Hammurabi was inscribed in an inscrutable language. I was told it was the cuneiform language used in Iraq about 4000 years ago.

Who was this Hammurabi and what is his Code? Why is it famous? It is a fascinating story.

The story of Hammurabi and his code is linked up with the story of the two great Asian rivers. If you see the map of Iraq you will find the rivers Tigris and Euphrates flowing through the middle of Iraq. The land between these two rivers was called Mesopotamia. It has been irrigated by the water of these two rivers from the time immemorial. It was in Mesopotamia that the ancient Assyrian, Babylonian and Sumerian civilizations took birth, thrived and died.

Out of these three civilizations, the Babylonian was the greatest. It thrived from 18th century to 6th century before Christ. Hammurabi is believed to have lived during 18th century BC. He was possibly the first monarch of Babylonia. He was not a routine king. He was a visionary and a statesman. He gave his subjects a system of codified law, which is known in history as Hammurabi's Code or Code of Hammurabi.

Code of Hammurabi is considered by historians as the oldest piece of codified law. All the major systems of jurisprudence do partake many ideas implicit or explicit in the Code. To quote an example, Mose's code eye for an eye is taken from Hammurabi's Code. The only difference is that in Hammurabi's Code, unlike the law given by Moses, the principle of retribution is applicable only when the accuser and the accused belong to the same social and economic class. There are special provisions in the Code for the protection for the weaker sections of the Babylonians such as women, children and slaves.

The Hammurabi code lays downs the fundamental principles which cannot be tampered with even by the monarch. Thus, the modern concept of constitutional government has its origin in the Hammurabi Code.

The Code lays down legal procedures and penalties for frivolous indictments, perjury, and the erroneous judgements delivered by judges. The Code also gives laws relating to property, debts etc. The penalties were prescribed for the negligence of the physicians. I wonder how Hammurabi could foresee the American legal system so accurately?

The epilogue of the Code glorifies the mighty work of peace done by Hammurabi. He declares that he was called by gods to make justice prevail in the world, destroy the wicked and the evil. On the stele sitting in the Louvre he can be seen paying deference to one of the Babylonian gods and raising his hand to his face in a gesture of submission.

Hammurabi was a great politician even judged from the present day standards. He declares in his stele that he had inscribed his words on a pillar in order "that the strong may not oppress the weak, that justice may be dealt to the orphan and the widow." Hammurabi further adds:"Let any oppressed man who has a cause come into the presence of my statue as king of justice, and have the inscription on my stele read out, and hear my precious words, that my stele may make the case clear to him; may he understand his cause, and may his heart be set at ease!"

1 comment:

psharma said...

It is strange that historians can
decode and give such detailed description of system 4000 years
ago.
shivanandan