Gavin Howe
Mesopotamia, one of the earliest known civilizations, is renowned for its significant contributions to the field of law. The Code of Ur-Nammu, dating back to the 21st century BC, is the oldest known surviving law code from Mesopotamia. It was written in Sumerian on clay tablets and addressed a range of topics, including witchcraft, slavery, and bodily injuries. However, it is important to note that earlier law codes, such as the Code of Urukagina from the 24th century BC, are believed to have existed but only survive in fragments today. The Code of Hammurabi, discovered in 1901, was once considered the earliest Mesopotamian law collection, but it is now known to be a later development. These Mesopotamian law codes provide valuable insights into the social, political, and legal advancements of their time, influencing legal traditions across the ancient world.
| Characteristics | Values |
|---|---|
| Earliest Mesopotamian law code | The Code of Urukagina (c. 24th century BCE) |
| Earliest extant set of laws from ancient Mesopotamia | The Code of Ur-Nammu (c. 2100-2050 BCE) |
| Earliest known legislator | Ur-Nammu |
| Earliest known code of law | The Code of Ur-Nammu (c. 2100-2050 BCE) |
| Most perfect monument of Babylonian law | The Code of Hammurabi (c. 1758 BCE) |
| First Mesopotamian law collection to be discovered | The Code of Hammurabi |
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What You'll Learn
- The Code of Ur-Nammu: the oldest known surviving law code
- The Code of Urukagina: the earliest Mesopotamian law code
- The Code of Hammurabi: the most clearly defined ancient law code
- Cuneiform law: the body of laws written in cuneiform
- Mesopotamian social structure: the societal structure revealed by the Code of Ur-Nammu
The Code of Ur-Nammu: the oldest known surviving law code
The Code of Ur-Nammu is the oldest known surviving law code, dating back to around 2100-2050 BCE. It is from Mesopotamia and is written in the Sumerian language on clay tablets in cuneiform. The tablets were discovered in Iraq in 1948 and were translated by Samuel Noah Kramer in 1952. The tablets feature a long prologue and five discernible laws. The code is arranged in a casuistic form, with a crime followed by its punishment. This pattern is followed in nearly all later codes.
The Code of Ur-Nammu contains strong statements of royal power, such as "I eliminated enmity, violence, and cries for justice." The laws addressed business contracts, proper prices for goods, family law, and criminal law. For example, if a man knocked out another man's tooth, he would have to pay two shekels of silver. The code also reveals the societal structure during Ur's Third Dynasty. All members of society belonged to one of two basic strata: the 'lu', or free person, and the slave.
The author of the code is still under dispute. While it is credited to King Ur-Nammu of Ur, some historians argue that it should be ascribed to his son Shulgi. Ur-Nammu was the founder of one of the Sumerian dynasties in the city of Ur. He established the Third Dynasty of Ur in Sumer, also known as the Sumerian Renaissance.
The discovery of the Code of Ur-Nammu provides valuable insights into the legal and societal structures of ancient Mesopotamia. Despite some damage to the tablets, scholars have been able to reconstruct and understand the laws and their historical context, shedding light on the earliest known surviving law code in the world.
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The Code of Urukagina: the earliest Mesopotamian law code
The Code of Urukagina is the earliest known Mesopotamian law code, dating back to the 24th century BCE. It is believed to be three centuries older than the Code of Hammurabi. Unfortunately, the Code of Urukagina does not survive in its original form today and is only referenced in other ancient works. Despite this, it is considered a significant milestone in the development of law and governance in ancient Mesopotamia.
The Code of Urukagina is believed to have laid the foundation for subsequent law codes in the region, including the Code of Ur-Nammu and the Code of Hammurabi. These later codes followed a similar structure to the Code of Urukagina, with laws arranged in a casuistic form of "if-crime, then-punishment." This structure provided clear guidelines for administering justice, with specified punishments for various offences.
While the exact contents of the Code of Urukagina are not known, it is believed to have addressed societal structure, law and order, and the rights and responsibilities of the people of Mesopotamia. It is also likely that the code dealt with issues such as property rights and contracts, as these were common themes in ancient Mesopotamian law codes.
The Code of Urukagina is a testament to the advanced legal thinking of ancient Mesopotamian societies. Despite the limited information available about the code, its influence on subsequent legal traditions is undeniable. The code's emphasis on standardised punishments and its recognition of different social strata laid the groundwork for the development of more sophisticated legal systems in the region.
In conclusion, the Code of Urukagina represents the earliest known manifestation of Mesopotamian law, setting a precedent for the creation and enforcement of legal codes in the region. While the specifics of the code have been lost to time, its impact on subsequent legal traditions underscores its historical significance and provides valuable insights into the evolution of law and governance in ancient Mesopotamia.
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The Code of Hammurabi: the most clearly defined ancient law code
Mesopotamia has the most comprehensive surviving legal corpus from before the Digest of Justinian, even compared to those from ancient Greece and Rome. The Code of Ur-Nammu is the oldest known surviving law code from Mesopotamia, written in the Sumerian language c. 2100–2050 BC. However, the Code of Hammurabi, though not the first, is the most clearly defined ancient law code.
The Code of Hammurabi is a collection of 282 rules established by the Babylonian king Hammurabi, who reigned from 1792 to 1750 B.C. It is the longest, best-organized, and best-preserved legal text from the ancient Near East. The code was inscribed on a basalt stele, a massive, finger-shaped black stone pillar, that was looted by invaders and rediscovered in 1901. The stele now resides in the Louvre Museum.
The Code of Hammurabi includes economic provisions (prices, tariffs, trade, and commerce), family law (marriage and divorce), criminal law (assault, theft), and civil law (slavery, debt). The penalties varied according to the status of the offenders and the circumstances of the offenses. The code also reflects the diverse population of Hammurabi's kingdom, with precision in the language to ensure that everyone understood what was expected of them.
The Code of Hammurabi is also one of the earliest examples of an accused person being considered innocent until proven guilty. The edicts are written in the "if-then" form, for example, "if a man steals an ox, then he must pay back 30 times its value". The code also includes harsh punishments, such as demanding the removal of the guilty party's tongue, hands, breasts, eye, or ear.
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Cuneiform law: the body of laws written in cuneiform
Cuneiform law refers to the body of laws written in cuneiform, a system of writing invented by the ancient Sumerians. Cuneiform law was used in the Middle East in the last three millennia BC. It includes the laws of the majority of the inhabitants of the ancient Middle East, especially the Sumerians, Babylonians, Assyrians, Elamites, Hurrians, Kassites, and Hittites.
The various collections of cuneiform laws developed by several nations and kingdoms share certain features. Firstly, the text of several collections contains a prologue and an epilogue in which the prince emphasizes the importance of his actions, explains the object of his work, and commands its observance by blessings or threats. Secondly, although written as if inspired by the gods, the legislation is secular, composed of dispositions fixed and codified by a temporal lord. Thirdly, although the laws may derive from different sources such as custom, judicial decisions, or deliberate legislation, the fact that they are introduced by the prince gives them the character of legislation or enactment. Finally, unlike modern codes, cuneiform law provides no universal formula for general areas of law. Instead, laws typically consist of specific "if... then..." cases that are meant to act as examples or precedents.
The Code of Ur-Nammu, dating from c. 2100-2050 BCE, is the oldest known surviving law code. It was written in Sumerian and is arranged in a casuistic form of "IF (crime) THEN (punishment)", a pattern followed in nearly all later codes. The code deals with various matters, including bodily injuries, witchcraft, the flight of slaves, business contracts, and proper prices for goods.
Another example of cuneiform law is the Code of Hammurabi, which is the best-known and most preserved of the ancient laws. The code consists of 282 laws engraved on a stone monument discovered in 1901-02. The Code of Hammurabi deals with penal law, the law of persons, family law, and price lists. It differs from earlier codes with regard to the relative importance of laws concerning property and other economic matters.
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Mesopotamian social structure: the societal structure revealed by the Code of Ur-Nammu
The Code of Ur-Nammu is the oldest known surviving law code from Mesopotamia, written in the Sumerian language c. 2100–2050 BCE. It is arranged in a casuistic form of "IF (crime) THEN (punishment)", a pattern followed in nearly all later codes. The Code reveals a glimpse of the societal structure during Ur's Third Dynasty.
At the top of the social hierarchy was the lugal, or the "great man" or king. All other members of society belonged to one of two basic strata: the lu, or free people, and slaves (male: arad; female: geme). The son of a lu was called a dumu-nita until he married, after which he became a "young man" or gurus. A woman (munus) progressed through life from daughter (dumu-mi) to wife (dam), and if she outlived her husband, she became a widow (nu-ma-su), who could remarry.
The Code of Ur-Nammu also reveals aspects of family and criminal law. For instance, a man who divorced his first-time wife was required to pay her one mina of silver, while he would pay a widow half a mina. If a man slept with a widow without a marriage contract, he did not owe her any silver. The Code also specified fines for bodily injuries, such as cutting off another man's foot or nose. Notably, the laws applied to all people equally, regardless of social status or privilege.
The Code of Ur-Nammu is considered a cohesive text that provides a clear understanding of the laws it addresses. It is an important source for understanding the societal structure and legal system of ancient Mesopotamia.
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Frequently asked questions
The Code of Ur-Nammu is the oldest known surviving law code from Mesopotamia, written in the Sumerian language on clay tablets c. 2100–2050 BC. It contains strong statements of royal power and institutes fines of monetary compensation for bodily damage (as opposed to lex talionis). The Code of Hammurabi is a set of 282 laws inscribed in stone by the Babylonian king Hammurabi, who ruled ancient Mesopotamia c. 1795–1750 BC. It is the most clearly defined ancient Mesopotamian law code and influenced the laws of other cultures.
While the Code of Ur-Nammu institutes fines of monetary compensation for bodily damage, the Code of Hammurabi follows the principle of "an eye for an eye, a tooth for a tooth" (lex talionis). The Code of Ur-Nammu is also older, dating from c. 2100–2050 BC, while the Code of Hammurabi dates from the 18th century BC.
Some examples of laws from the Code of Ur-Nammu include:
- If a man divorces his first-time wife, he shall pay her one mina of silver.
- If a man accuses another man's wife of adultery, and the river ordeal proves her innocent, then the accuser must pay one-third of a mina of silver.
- Murder, robbery, adultery, and rape were capital offenses.
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