Hammurabi’s Code and Modern Laws

What is it? The refers to a set of rules or laws enacted by the Babylonian King Hammurabi (reign 1792-1750 B.C.). The code governed the people living in his fast-growing empire. By the time of Hammurabi's death, his empire included much of modern-day Iraq, extending up from the Persian Gulf along the Tigris and Euphrates rivers

There are as many as 300 laws that discuss a wide range of subjects, including homicide, assault, divorce, debt, adoption, tradesman’s fees, agricultural practices, and even disputes regarding the brewing of beer These 7 foot steles may have existed in other cities in Babylon that were controlled by Hammurabi.  Louvre Museum in Paris.

  After Hammurabi’s death, his system of laws became something of a classic in the ancient world, and scholars have found examples of them written on tablets, which were copied as late as the 5th century B.C., more than a millennium after Hammurabi’s death.

Can be considered as a model of the modern laws. General violations like stealing, lying, and murdering are punished harshly. Do share the same basis, which is to keep justice and legal rights of everyone in place. Just like the US’s “rule of law,” Hammurabi’s code was agreed by the general public for everyone to follow and no one can be an exception of the law. Because this well-known law code was the earliest recorded “law,” it seems like the modern law has evolved from Hammurabi’s law code, which served as a model for the later generations. The rule of law is a basic concern in the creation of the Constitution. Constitutional law can only be fully and effectively implemented when the laws of a country or region as a whole are respected by the citizenry and the Government. When such a condition has come to pass, then it may be considered that the rule of law is present -

Each law consists of a potential case followed by a prescribed verdict Groups of 4: Take a look at the selection of laws Pick any 3 and answer the questions - Rewrite - Similar - Different

Each law consists of a potential case followed by a prescribed verdict The verdicts could be very harsh The death penalty is listed as punishment no fewer than 30 times. HOWEVER…were by no means uniform but rather depended on the social status of the accused and the accuser. However…the punishments are not always fair according to conventions we hold today. For example, people with higher social status were not punished as harshly as people with lower status. The punishments were only “eye for an eye” if the two individuals involved were socially equal.

Therefore, people were still discriminated and stratified. For instance On the other hand, if a person struck someone who was of a higher social status, then that person can expect severe punishment: If a member of the elite blinded a commoner or broke the commoner's bone, that elite person had to pay one pound of silver as penalty. Therefore, people were still discriminated and stratified. Unlike the modern law, Hammurabi’s law code was not to protect everyone fairly, but merely to regulate the society and to keep it in order so that his reign was stable “If a member of the elite strike the cheek of a member of the elite who is of a higher social status than him, he shall be flogged in public with 60 strikes of an ox-whip”

Notice the BURDEN OF PROOF Hammurabi’s Code: Not only is there a burden on the accused but also on the accuser should they be unable to prove their case Our own Judicial System “if a man has made allegations against another man, and he has laid a charge of homicide against him but is unable to substantiate his guilt [doesn’t prove], the one who made the allegations against him shall be killed.” In criminal litigation, the burden of proof is always on the state - must prove that the defendant is guilty. The defendant is assumed to be innocent; the defendant needs to prove nothing. Separate May go after state for malicious prosecution

Our own Judicial System Notice the BURDEN OF PROOF Our own Judicial System In civil litigation, the burden of proof is initially on the plaintiff The plaintiff wins if the preponderance (majority) of the evidence favors the plaintiff. Ex: if the jury believes that there is more than a 50% probability that the defendant was negligent in causing the plaintiff's injury, the plaintiff wins

They had Judges…we have Judges Judges were also held to a certain standard in the laws (5). Hammurabi ruled a vast empire and would not have been able to rule on every case himself. In the king’s absence, a committee of men from the communities involved could act as a judge in Hammurabi’s place. The penalties for a judge trying to change a verdict was severe Law 5: If a judge makes an error through his own fault when trying a case, he must pay a fine, be removed from the judge’s bench, and never judge another case.

US Judges were also held to a certain standard in the laws. Former Pennsylvania Municipal judge Deborah Griffin. Article 2, Section 4 of the Constitution states: "The president, vice president and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors." Because federal judges are considered civil officers, they are subject to this rule PA Supreme Court has removed her from the bench due to her guilty plead to credit card fraud 25 years ago. In 1984, Griffin pleaded guilty and was given a suspended prison sentence, placed on probation and ordered to pay $1,200 restitution. In 1988, she was suspended from practicing law for falsely claiming on her bar application that she had never been arrested or prosecuted for a crime. Despite the suspension, citizens still elected her to the municipal court in 2001 and then reelected her.

BOTH ARE STRICT FOR PURPOSE The majority of the population for both are to follow (Rule of Law) In all, the system was to show discipline was active as the same for U.S. Amendments. Brought order and justice to society Regulated many different activities, from business contracts to crime. Recorded – Written Down (Stated what all people needed to know about the rules of their society) HOWEVER… the code of Hammurabi was way more strict than the U.S. Amendments. HOWEVER… The U.S. Amendments have a more stable, enforced set of laws These 27 Amendments have brought upon cases to the Supreme Court, because: people felt their rights were violated not just created by a single man (Hammurabi)

Hammurabi’s Code and Modern Laws What is it? The refers to a ___________________________________________enacted by the Babylonian King Hammurabi (reign 1792-1750 B.C.). The code governed the people living in his fast-growing empire. *Scholars have found examples of them written on tablets, which were copied as late as the 5th century B.C., more than a millennium after Hammurabi’s death. Can be considered as a _________________________________________________________ General violations like stealing, lying, and murdering are punished ____________. Do share the same basis, which is to keep justice and legal rights ___________________________________ in place. Just like the US’s “________________________,”** Hammurabi’s code was agreed by the general public for everyone to follow and no one can be an _________________________ of the law. Because this well-known law code was the earliest recorded “law,” it seems like the modern law has evolved from Hammurabi’s law code, which served as a model for the later generations. Each law consists of a potential __________followed by a prescribed ______________ **A basic concern in the creation of the Constitution. Constitutional law can only be fully and effectively implemented when the laws of a country or region as a whole are respected by the citizenry and the Government. When such a condition has come to pass, then it may be considered that the rule of law is present -