Hammurabi's Code, one of the first written…
1773 BCE to 1762 BCE
The Code of Hammurabi defines the legal rights of all sections of the population, including the enslaved.
The Code consists of two hundred and eighty-two provisions systematically arranged under such headings as family, labor, personal property, real estate, trade, and business.
Legal actions are initiated under the code by written pleadings; testimony is taken under oath; witnesses can be subpoenaed.
The code is guided by such principles as that the strong should not injure the weak and that punishment should fit the crime.
Severe in its penalties, it prescribes "an eye for an eye, a tooth for a tooth."
The legitimacy of the code is maintained by invoking the authority of the gods and the state.
The Code recognizes various methods of disposing of property, including sale, lease, barter, gift, dedication, loan, pledge, and bailment.
The law of sales includes the doctrine that the Romans will later call caveat emptor ("let the buyer beware").
The Code regards usury as an offense.
The code establishes price ceilings for goods as well as maximum wages and fees for laborers, artisans, and professionals.
Crimes punishable by death require a trial before a bench of judges.
Capital crimes include bigamy, cowardice in the face of the enemy, incest, kidnapping, adultery, theft, false witness, and malfeasance in public office.
Murder, however, is not included in the code.
Among the family law provisions is the requirement of a written contract for marriage.
Dowry and marriage settlements are allowed, with penalties for their breach spelled out in the marriage contract.
A husband wishing to divorce his wife is required to provide alimony and child support.
Wives are may obtain divorces for desertion, cruelty, or neglect.
Hammurabi’s complex code details many laws pertaining to slaves, allowing them to to own property, enter into business, and marry free women; manumission (formal release by the owner) is permitted through either self-purchase or adoption.
The enslaved person is still, however, considered merchandise.
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The Near and Middle East
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