Hammurabi was King of Babylon from 1792 to 1750 B.C. He is best known for issuing the Code of Hammurabi. This code of laws is one of the oldest deciphered writings of significant length in the world. A partial copy exists on a 2.25-metre-tall (7.4 ft) stone stele, which is today in the Louvre.
3. If any one bring an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death.
I guess that gives you a flavour of what is to come. However:
2. If any one bring an accusation against a man, and the accused go to the river and leap into the river, if he sink in the river his accuser shall take possession of his house. But if the river prove that the accused is not guilty, and he escape 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.
So what's so special about a river?
I guess rivers were important in ancient Babylon.
5. If a judge try a case, reach a decision, and present his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge's bench, and never again shall he sit there to render judgement.
Now there's a thing. Judges are accountable for their actions. I can think of a few authoritarian leaders who would love that.
21. If any one break a hole into a house (break in to steal), he shall be put to death before that hole and be buried.
Harsh.
65. If the gardener do not work in the garden and the product fall off, the gardener shall pay in proportion to other neighboring gardens.
That reminds me of my getting warned off because I allowed my allotment to grow an impressive array of weeds.
109. If conspirators meet in the house of a tavern-keeper, and these conspirators are not captured and delivered to the court, the tavern-keeper shall be put to death.
That's one for lockdown rules.
195. If a son strike his father, his hands shall be hewn off.
196. If a man put out the eye of another man, his eye shall be put out.
197. If he break another man's bone, his bone shall be broken.
200. If a man knock out the teeth of his equal, his teeth shall be knocked out.
You get the message.
226. If a barber, without the knowledge of his master, cut the sign of a slave on a slave not to be sold, the hands of this barber shall be cut off.
There's a lot more about slaves, tenant farming and adultery.
Nice chap, Hammurabi. Good job there are no statues of him around. However, it should be remembered that he was - as we all are - a man of his time, and this codification of the rule of law is remarkable.
I wonder whether students are taught this as part of the history of laws in a law degree course. I have a son who could answer that.........
Compare and contrast with this example from today’s sentencing guidelines for possession of a bladed article. I wonder what Hammurabi would make of these?
ReplyDelete‘The lists below give examples of the type of culpability and harm factors that may indicate that a particular threshold of sentence has been crossed.
A non-custodial sentence* may be the most suitable disposal where one or more of the following factors apply
Possession of weapon falls just short of reasonable excuse
No/minimal risk of weapon being used to threaten or cause harm
Fleeting incident and no/minimal distress
A custodial sentence or youth rehabilitation order with intensive supervision and surveillance* or fostering* may be justified where one or more of the following factors apply
Possession of a bladed article whether produced or not
Possession of a highly dangerous weapon† whether produced or not
Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity
Prolonged incident and serious alarm/distress
Offence committed at a school or other place where vulnerable people may be present
* Where the child or young person appears in the magistrates’ court, and the conditions for a compulsory referral order apply, a referral order must be imposed unless the court is considering imposing a discharge, hospital order or custody.
† NB an offensive weapon is defined in legislation as ‘any article made or adapted for use for causing injury, or is intended by the person having it with him for such use’. A highly dangerous weapon is, therefore, a weapon, including a corrosive substance (such as acid), whose dangerous nature must be substantially above and beyond this. The court must determine whether the weapon is highly dangerous on the facts and circumstances of the case.
Step 2 – Offence seriousness – aggravating and mitigating factors
To complete the assessment of seriousness the court should consider the aggravating and mitigating factors relevant to the offence.
Aggravating factors
Statutory aggravating factors
Previous findings of guilt, having regard to a) the nature of the offence to which the finding of guilt relates and its relevance to the current offence; and b) the time that has elapsed since the finding of guilt (unless the convictions will be relevant for the purposes of the statutory minimum sentencing provisions – see step five)
Offence committed whilst on bail
Other aggravating factors (non-exhaustive)
Significant degree of planning/premeditation
Deliberate humiliation of victim, including but not limited to filming of the offence, deliberately committing the offence before a group of peers with the intent of causing additional distress or circulating details/photos/videos etc of the offence on social media or within peer groups
Victim is particularly vulnerable due to factors including but not limited to age, mental or physical disability
Offence was committed as part of a group or gang
Attempts to conceal identity
Steps taken to prevent reporting the incident/seeking assistance
Commission of offence whilst under the influence of alcohol or drugs
Offence committed against those working in the public sector or providing a service to the public
Blimey. Points to Hammurabi for pithiness and pertinence.
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