History of the Law
Since the time when people first began living together, rules have been adopted to protect individuals and groups and to govern their relationships. Even the most ancient peoples compiled Law codes. A law code is a more or less systematic and comprehensive written statement of laws. The oldest law code is tablets from the ancient archives of the city of Ebla (now Tell Mardikh, Syria), which date to about 2400 BC. The earliest written law was also the Law Code of Hammurabi, a king who reigned over Babylon (on the territory of modern Iraq) around 2000 B.C. Hammurabi's Code had 282 paragraphs and was carved in cuneiform on a pillar made of very hard stone. This pillar was set up in a temple to the Babylonian god Marduk so that everyone could read it. After the fall of Babylon in the 16th century B.C. the pillar was lost for centuries. It was found again during archeologieal expedition among the ruins of the Persia city of Susa in 1901. Now the pillar is in Paris in the Louvre museum. The scientists managed to read Hammurabi's Code. It dealt with many of the same subjects as our legal system today. It included real and personal property law (the rights of slave owners and slaves, inheritance and property contracts), family law (divorce and marriage), criminal law (crimes and punishment of crimes), and business law (settlement of debts and even regulations about taxes and the prices of goods). The Code gave very harsh punishments for almost all crimes. Not only murderers but also thieves and those guilty of false accusation faced the death penalty. The punishment was based on the principle of revenge: an eye for an eye and a tooth for a tooth. The criminals had to receive the same injuries and damages they had inflicted upon their victims. Nevertheless, the penalty according to Hammurabi's laws could not be harder than the crime. The code banned the tradition of kidnapping women as brides. The laws of Hammurabi's Code took into account the circumstances of the offender as well as the offence itself. For example, if a citizen of a lower rank lost in a civil case he had to pay fewer penalties than an aristocrat, though if he won he also was awarded less. The laws set forth in Hammurabi's Code were written by the King — a divinely inspired authority. Only the King could change such laws. This absolutism of power in the monarch was typical of legal systems until the time of the Greeks around 300 B.C. Answer the following questions: 1. Who was Hammurabi? Where and when did he reign? 2. Where and why was the pillar with carved Hammurabi laws set? 3. Tell what kinds of law did Hammurabi's code deal with? 4. Explain the principle «an eye for an eye and a tooth for a tooth»? 5. How do you understand «fair punishments»? 6. Did Hammurabi's code treat people of different ranks differently? Why?
|
