The Code of Hammurabi - Politics Forum.org | PoFo

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Rome, Greece, Egypt & other ancient history (c 4000 BCE - 476 CE) and pre-history.
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By franfran
#13515047
I was looking up a bit of information on the Code of Hammurabi (as you would) and found this selection of 17 of the 282 laws on Wikipedia. Pretty bloodthirsty stuff, but then this was 1750BC, and things were a bit different then..............

    If anyone ensnares another, putting a ban upon him, but he can not prove it, then he that ensnared him shall be put to death.
    If anyone brings an accusation against a man, and the accused goes to the river and leaps into the river, if he sinks in the river his accuser shall take possession of his house. But if the river proves that the accused is not guilty, and he escapes unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser.
    If anyone brings an accusation of any crime before the elders, and does not prove what he has charged, he shall, if a capital offense is charged, be put to death.
    If a builder builds a house for someone, and does not construct it properly, and the house which he built falls in and kills its owner, then the builder shall be put to death.(Another variant of this is, If the owner's son dies, then the builder's son shall be put to death.)
    If a son strike his father, his hands shall be hewn off.
    If a man give his child to a nurse and the child dies in her hands, but the nurse unbeknown to the father and mother nurses another child, then they shall convict her of having nursed another child without the knowledge of the father and mother and her breasts shall be cut off.
    If anyone steals the minor son of another, he shall be put to death.
    If a man takes a woman to wife, but has no intercourse with her, this woman is no wife to him.
    If a man strikes a pregnant woman, thereby causing her to miscarry and die, the assailant's daughter shall be put to death.
    If a man puts out the eye of an equal, his eye shall be put out.
    If a man knocks the teeth out of another man, his own teeth will be knocked out.
    If anyone strikes the body of a man higher in rank than he, he shall receive sixty blows with an ox-whip in public.
    If a freeborn man strikes the body of another freeborn man of equal rank, he shall pay one gold mina [an amount of money].
    If the slave of a freed man strikes the body of a freed man, his ear shall be cut off.
    If anyone commits a robbery and is caught, he shall be put to death.
    If anyone opens his ditches to water his crop, but is careless, and the water floods his neighbor's field, he shall pay his neighbor corn for his loss.
    If a judge tries a case, reaches a decision, and presents his judgment in writing; and later it is discovered that his decision was in error, and it was his own fault, he shall pay twelve times the fine set by him in the case and be removed from the judge's bench.
    If during an unsuccessful operation a patient dies, the arm of the surgeon must be cut off.
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By franfran
#13515048
The farmer who flooded his neighbour's field got off pretty lightly compared to the others.....
By Kman
#13515137
Meh the Roman twelve tables are more interesting and reasonable, they where basicly the constitution of the Roman Republic before it turned into a non-democratic state, there are many laws in there that are quite fascinating:

''Where anyone commits a theft by night, and having been caught in the act is killed, he is legally killed.''

''If he who is summoned has either a sponsor or a defender, let him be dismissed, and his representative can take his place in court.''

''When litigants wish to settle their dispute among themselves, even while they are on their way to appear before the Praetor, they shall have the right to make peace; and whatever agreement they enter into, it shall be considered just, and shall be confirmed.''

''When anyone accuses and convicts another of theft which is not manifest, and no stolen property is found, judgment shall be rendered to compel the thief to pay double the value of what was stolen.''

''If a husband desires to divorce his wife, and dissolve his marriage, he must give a reason for doing so.''

''Anyone who turns cattle on the land of another, for the purpose of pasture, shall surrender the cattle, by way of reparation. ''

''Anyone who, knowingly and maliciously, burns a building, or a heap of grain left near a building, after having been placed in chains and scourged, shall be put to death by fire. If, however, he caused the damage by accident, and without malice, he shall make it good; or, if he has not the means to do so, he shall receive a lighter punishment. ''

''Anyone who gives false testimony shall be hurled from the Tarpeian Rock. ''

''When a judge, or an arbiter appointed to hear a case, accepts money, or other gifts, for the purpose of influencing his decision, he shall suffer the penalty of death.''

''Affairs of great importance shall not be transacted without the vote of the people, with whom rests the power to appoint magistrates, to condemn citizens, and to enact laws. Laws subsequently passed always take preference over former ones.''

etc.. etc.. http://www.constitution.org/sps/sps01_1.htm
By eugenekop
#13516628
they where basicly the constitution of the Roman Republic before it turned into a non-democratic state


The Roman Republic was not a democracy by any means, it was an oligarchy.

Regarding the laws, both of Babylon and of Rome. I have several comments.

1. The prevalence of capital punishment is striking. For lying in a court you'll be put to death, for building a bad house you will be put to death, for failing to prove your case you'll be put to death, for committing robbery you'll also be put to death.

I don't think a society that practically kills for every misdeed can function. I think the best explanation is that these punishment were only rarely been used in reality. It just doesn't make sense otherwise.

2. What also strikes me is the inefficiency of the society that these laws create. Especially the laws for sons/daughters:

If a man strikes a pregnant woman, thereby causing her to miscarry and die, the assailant's daughter shall be put to death.

If a son strike his father, his hands shall be hewn off.

If during an unsuccessful operation a patient dies, the arm of the surgeon must be cut off.

(Another variant of this is, If the owner's son dies, then the builder's son shall be put to death.)


Do you imagine anyone taking the job of a surgeon with this law? And what about all the innocent children who pay for the sins of their fathers. Young people on which society has spent a lot of money will be lost. Laws like these definitely don't help the economy.

3.
Finally I'd also like to say that I think many laws of that time are better than the laws today. Today people are being sent to prison where they learn how to be even better criminals. But in those times people would be just physically punished but then would return to society. I think that in general such system is much better for rehabilitation.
#14693492
The ancient Persians were even tougher than this.

Herodotus tells the story in his book/collection "Histories" that a Persian king discovered that one of his governors was stealing from him. So he flayed the man alive, and used his skin as leather for the throne of his replacement, wanting the replacement to always think about as he sat on his own thrown what happens to those who steal from the King of Kings.

Human skin when turned to leather is apparently snowy white like bleached calf skin, or so he tells us.
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