More Than 'An Eye for an Eye': The 4,000-Year-Old Laws of Hammurabi

In 1901, a French archaeological expedition digging in the ancient city of Susa, Persia (modern-day Iran), unearthed a remarkable artifact: a seven-and-a-half-foot tall slab of black diorite. Carved into its surface were columns of cuneiform script. This was the Code of Hammurabi, one of the oldest and most complete legal codes ever discovered. Written nearly 4,000 years ago, it offers an unparalleled window into the societal structure, commerce, and concept of justice in ancient Mesopotamia.

The King and His Divine Mandate

Hammurabi, the sixth king of Babylon's First Dynasty, reigned from approximately 1792 to 1750 B.C. A skilled military leader and administrator, he united the disparate city-states of southern and central Mesopotamia under his rule. To govern his new empire, he established a codified set of laws. To give these laws ultimate authority, the top of the stele depicts Hammurabi standing before Shamash, the Babylonian god of justice, receiving the laws directly from the divine source. This imagery sent a clear message: these were not merely the king's suggestions, but the immutable laws of the gods.

Justice in Ancient Babylon: An Eye for an Eye?

The Code of Hammurabi is most famous for establishing the principle of lex talionis, or the law of retribution. This is where we get the well-known phrase, "an eye for an eye, a tooth for a tooth." The code is brutally direct on this point.

If a man put out the eye of another man, his eye shall be put out. (Law 196)

However, this seemingly straightforward concept of equal justice had a crucial catch: it only applied to men of the same social status. Babylonian society was rigidly stratified into classes of nobles, commoners (freemen), and slaves. The punishment for an offense depended heavily on the social standing of both the perpetrator and the victim. For example, if a nobleman injured a commoner or a slave, the penalty was often just a fine.

If he put out the eye of a man's slave, or break the bone of a man's slave, he shall pay one-half of its value. (Law 199)

This tiered system of justice reveals that while Hammurabi sought order, he was also cementing the existing social hierarchy. Justice was not blind; it saw class very clearly.

A Blueprint for Society

Beyond its brutal punishments, the Code is a comprehensive document that regulated many aspects of daily life. It contained laws concerning contracts, wages, inheritance, divorce, and professional liability. It set prices for ox-drivers and surgeons and established penalties for shoddy work. One of the most striking examples is the law regarding construction:

If a builder build a house for some one, and does not construct it properly, and the house which he built fall in and kill its owner, then that builder shall be put to death. (Law 229)

The laws also hint at an early presumption of innocence, placing the burden of proof on the accuser. In fact, making a false accusation could carry the ultimate penalty, discouraging frivolous claims and ensuring that charges were made with serious consideration.

A Lasting Legacy

While scholars now know of older legal codes, such as the Code of Ur-Nammu, Hammurabi's is by far the most complete. Its rediscovery transformed our understanding of ancient civilizations, proving they were not just barbaric, but complex societies governed by sophisticated legal principles. Today, the original stele stands in the Louvre Museum in Paris, a powerful testament to an ancient king's attempt to build a state of uniform justice, even if that justice was far from equal.

Sources

• History.com - 8 Things You May Not Know About Hammurabi’s Code
• Louvre Museum - Law Code of Hammurabi
• Britannica - Code of Hammurabi