Introduction
Memorializing the primordial values of Mesopotamian society, the Code of Hammurabi serves as a barometer that shows how legal standards transformed thousands of years later. Referring to the text of the Code of Hammurabi, this paper will discuss the class structure of Mesopotamian society, manifestations of inequality, justice administration, a system of penalties, and the status of women.
The Class Structure of Mesopotamian Society by the Code of Hammurabi
The class character of Mesopotamian society is evident in many regulations of the Code of Hammurabi. Previous tribal affiliation is not mentioned in the Code, testifying to a better-organized society with more developed economic relations. However, the fact that specific laws were determined for the categories of the upper class (chieftains, merchants, judges, and others), ordinary community members (tillers, common soldiers, cultivators of corn or sesame, shepherds, and so forth), and slaves reflect the stratification of classes. Moreover, slaves were divided into those belonging to the State and the ones belonging to free men.
Inequality-Related Treatment
In the Code, the system of penalties entailed diversified punishments for the same crimes due to social stratification and social inequality. For instance, the principles of retributive justice, such as “An eye for an eye” (Law 196) and “a tooth for a tooth” (Law 200), were only applicable statutory requirements for men of equal ranks. While the upper-class representatives and ordinary community members were sometimes equalized in their rights and legal liability (Laws 26-41), slaves did not have rights to anything. According to Law 7, there was no difference between slaves and livestock regarding trade and exchange relationships. Like other goods, slaves could be sold without any restrictions.
Justice Administration by the Code of Hammurabi
Justice administration reflected religious traditions and legal practices of Mesopotamia that existed. However, although in the Prologue and Epilogue, Hammurabi refers to Mesopotamian Gods and proclaims himself the executor of the Divine Will, the Code structure correlates with today’s branches of law. For instance, the performance of trials and justice administration were specified in accordance with adjective law (Laws 1-5). Informers had to prove their accusations; nevertheless, the trial by ordeal was the primary prosecution evidence. In conformity with Law 5, judicial decisions presented in writing required mandatory performance and had to be faultless judgments; otherwise, a judge had to be punished heavily.
The System of Penalties
In accordance with the Code, punishment assignments and executions were grounded on the principles of retributive justice established in Laws 196 and 200. Depending on crime severity, punishments ranged from the death penalty to multiple indemnifications of the value of the stolen property. However, the infliction of punishments was socially unfair. For instance, if bodily blows were caused by a free-born to a man of equal rank, he had to pay one gold mina (Law 203). If slaves committed the same crime, their ears were cut off (Law 205). Despite social inequality of some provisions, for the first time ever, the Code established the principle of the presumption of innocence in Laws 1-3. Also, following religious traditions of blaming people for sinful behavior, Hammurabi declared deception (Law 107), family violence and strife (Law 130), or marital unfaithfulness (Law 129) to be unlawful and punishable actions.
The Status of Mesopotamian Women
The plurality of marriage-family regulations (Laws 127-195) in the text of the Code testifies to the state’s attention to legalizing interpersonal and sexual relations. Men were entitled to initiate the marriage process and, to some extent, were responsible for observing its legality. Revealing in detail different matrimonial procedures, other Laws always retain men’s superior position (Laws 145, 146, 148, 162, and 163). Nevertheless, Mesopotamian women were entitled to proprietary rights (Laws 150 and151) and had the right to leave their husbands (Laws 133-135).
Conclusion
Summing up, the Code of Hammurabi unified and refined religion-driven norms of behavior in Mesopotamian society. Despite social inequality in justice administration related to slaves, the Code Laws are characterized by exceptional reasonableness. Such principles of the Code as the presumption of innocence and retributive justice are provisions of modern law.