Kara Sears
The creation of a code of law, or law code, is a process of codification that systematically collects and organises a complete system of laws or a particular area of law. This process has been undertaken by various civilisations throughout history, with some of the earliest known law codes being the Code of Ur-Nammu, from Mesopotamia, which was written in c.2100–2050 BC, and the Code of Hammurabi, from Babylon, which was developed in c. 1792–1750 BCE. These ancient codes laid the foundation for subsequent legal traditions and influenced later codes, such as the Roman Law of the Twelve Tables and the Code of Justinian, as well as the legal systems of many modern countries.
| Characteristics | Values |
|---|---|
| Oldest known code of law | Tablets from the ancient Syrian city of Ebla, dating to around 2400 BC |
| Most well-known ancient code | The Babylonian Code of Hammurabi |
| Roman codes | The Twelve Tables of Roman Law (compiled in 450 BC), the Corpus Juris Civilis (also known as the Justinian Code, 429-534 AD) |
| First comprehensive criminal code | The Tang Code, created in 624 AD in the Tang dynasty |
| Last and best-preserved imperial code | The Great Qing Legal Code, created in 1644 |
| Prominent national civil codes | French Napoleonic Code (1804), Austrian Civil Code (1812), German Civil Code (1896/1900), Swiss Civil Code (1907), Japanese Civil Code (1896/1898) |
| Basis for modern civil codes | Napoleonic Code and German Civil Code |
| Common-law countries with general law codes | The United States, Great Britain |
| Common law systems with criminal codes | Australia, the Americas |
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What You'll Learn
- The Code of Ur-Nammu, the oldest known surviving law code
- The Code of Hammurabi, the most complete and perfect extant collection of Babylonian laws
- The Twelve Tables of Roman Law, first compiled in 450 BC
- The Justinian Code, a collection of existing legal material at the time
- The Tang Code, the first comprehensive criminal code
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 ancient Mesopotamia and is written in the Sumerian language on clay tablets. The code was issued under the reign of King Ur-Nammu of Ur, who ruled from 2047–2030 BCE, or 2095–2050 BCE according to other sources. However, some historians believe that the code should be attributed to Ur-Nammu's son Shulgi, who ruled from 2029–1982 BCE. Shulgi's successors further developed the code, and it influenced later codes such as the Laws of Eshnunna (c. 1930 BCE) and the laws decreed under Lipit-Ishtar (c. 1870 to c. 1860 BCE).
The Code of Ur-Nammu is notable for its structure, which follows a casuistic form of "if-(crime), then-(punishment)". This structure, also known as the standard conditional formula, would become a pattern followed by nearly all subsequent codes, including the famous Code of Hammurabi. The Code of Ur-Nammu contains 57 laws, 30 of which have been fully reconstructed. These laws provide insight into the societal structure of the time, revealing a hierarchy with the king at the top, followed by two basic strata: the "lu" or free people, and slaves. The code also includes provisions for family law, such as the roles of daughters, wives, and widows.
In addition to its legal content, the Code of Ur-Nammu includes strong statements of royal power and authority. The prologue, typical of Mesopotamian law codes, invokes the deities Nanna and Utu and features decrees such as "I eliminated enmity, violence, and cries for justice" and "he banished malediction, violence and strife". The code also reflects Ur-Nammu's vision of law and order, with the king presenting himself as a father figure to his people and encouraging them to think of themselves as one family.
The discovery and translation of the Code of Ur-Nammu have provided valuable insights into the ancient legal system of Mesopotamia. The first fragments of the code were found in Nippur, Iraq, in 1948 and were translated by Samuel Noah Kramer in 1952. Owing to the partial preservation of these tablets, only the prologue and five of the laws were initially discernible. However, subsequent discoveries in Ur and Sippar have allowed for the reconstruction of additional laws, shedding light on the ancient Sumerian legal system and its influence on subsequent codes of law.
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The Code of Hammurabi, the most complete and perfect extant collection of Babylonian laws
The Code of Hammurabi is a Babylonian legal text composed between 1755 and 1750 BC. It is the longest, best-preserved, and best-organised legal text from ancient Near East. It is written in the Old Babylonian dialect of Akkadian, and its style is regular and repetitive. The Code of Hammurabi is considered the most complete and perfect extant collection of Babylonian laws.
The laws are expressed in casuistic format, as "if-then" conditional sentences. For example, the "if" clause may state the case, and the "then" clause may provide the remedy. The laws cover a broad range of areas, including criminal law, family law, property law, and commercial law. The Code of Hammurabi also bears strong similarities to later Mesopotamian law collections, such as the casuistic Middle Assyrian Laws and the Neo-Babylonian Laws.
The primary copy of the Code of Hammurabi is inscribed on a basalt stele that was discovered in 1901 at Susa in present-day Iran. The stele is 2.25 metres tall and features an image in relief of Hammurabi with Shamash, the Babylonian sun god, and god of justice. Below the relief are about 4,130 lines of cuneiform text, with one-fifth of the text containing a prologue and epilogue in poetic style, and the remaining four-fifths containing the laws.
In the prologue, Hammurabi claims to have been granted his rule by the gods "to prevent the strong from oppressing the weak". Modern scholars have admired the Code for its perceived fairness and respect for the rule of law, as well as for the complexity of Old Babylonian society. The Code of Hammurabi has also been the subject of debate among Assyriologists regarding its purpose, underlying principles, language, and relation to earlier and later law collections.
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The Twelve Tables of Roman Law, first compiled in 450 BC
The Twelve Tables of Roman Law, also known as the Law of the Twelve Tables, was the first written legislation of ancient Roman law. It was compiled between 451 and 450 BC, with the first decemviri (decemvirate, or "board of ten men") appointed to draw up the first ten codes in 450 BC. The second decemviri then worked on the last two tables, completing them in 449 BC. The Law of the Twelve Tables was formally promulgated in the same year, in the Forum, where it was likely posted on bronze tablets.
The Twelve Tables were written by ten commissioners (decemvirs) at the insistence of the plebeians, who felt their legal rights were hampered by the fact that court judgments were rendered according to unwritten custom, preserved only by a small group of patricians. The written recording of the law in the Twelve Tables enabled the plebeians to become acquainted with the law and to protect themselves against patricians' abuses of power.
The Twelve Tables are a sequence of definitions of various private rights and procedures. They cover a range of topics, including debt and creditor rights, property law, and criminal law. For example, one provision states that thirty days shall be allowed for the payment of confessed debt, after which time the creditor shall have the right to lay hands on the debtor and hale them into court. Another provision states that it shall be lawful to gather fruit falling upon another's farm.
The Twelve Tables were superseded by later changes in Roman law but were never formally abolished. They were venerated by the Romans as a prime legal source and formed the basis of Roman law for a thousand years.
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The Justinian Code, a collection of existing legal material at the time
The Justinian Code, also known as the Corpus Juris Civilis, is a collection of existing legal material from the time of the Byzantine Emperor Justinian I (527-565 CE). It was enacted in several parts from 529 to 534 CE. The code consists of four books: the Codex Constitutionum, the Digesta or Pandectae, the Institutiones, and the Novellae Constitutiones Post Codicem.
The Codex Constitutionum, or simply the Codex, was the first part of the Justinian Code to be completed, in 529. It is a compilation of imperial enactments, or constitutiones, from the time of Hadrian up to Justinian's reign. The Codex was based on earlier unofficial compilations, such as the Codex Gregorianus and the Codex Hermogenianus, as well as the official Codex Theodosianus, ordered by Theodosius II. The Codex committee, appointed by Justinian, reviewed and adapted these earlier works, weeding out contradictory and outdated material.
The Digesta or Pandectae, completed in 533, is an encyclopedia of excerpts from the writings of Roman jurists, mostly dating back to the second and third centuries. A commission of 16 lawyers, including Tribonian, collected and examined these writings, selecting and rephrasing extracts for clarity and conciseness. All statements not included in the Digesta were declared invalid.
The Institutiones, also completed in 533, is a student textbook based largely on the earlier Institutiones of Gaius. It serves as an introduction to the Code and the Digest, but also contains important conceptual elements. The fourth part of the Justinian Code, the Novellae Constitutiones Post Codicem, contains Justinian's own new laws.
The Justinian Code was originally composed and distributed in Latin, but as Greek became the dominant language of the Eastern Roman Empire, it was translated and adapted into the Basilika, which formed the basis of the empire's laws through the 15th century. Substantially complete versions of the original Latin Codex were restored in the 12th century, and English translations were first made in the 20th century.
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The Tang Code, the first comprehensive criminal code
The concept of a code of law, or legal code, refers to a systematic collection of statutes that aims to comprehensively cover a complete legal system or a particular area of law. The process of codification is similar across different common law and civil law systems, but their usage varies. For instance, in a civil law country like China, a code of law typically covers the entire legal system, whereas in a common law country like the United States, codes modify existing common law and leave the rest intact.
The Tang Code, created in 624 AD during the Tang dynasty, was the first comprehensive criminal code in ancient China. It was established at the request of Emperor Gaozu of Tang, with the aim of simplifying earlier laws and reducing harsh physical punishments to ease social tensions in the newly pacified Tang territories. The code underwent revisions in 627 and 637 under Emperor Taizong's influence and was finalised with commentaries in 653 during the reign of Emperor Gaozong.
The Tang Code was a significant advancement in the Chinese legal system, comprising over 500 articles organised into twelve comprehensive sections. Each offence was clearly associated with a penalty, and the code provided a rational system of justice that emphasised accountability for both accusers and officials. The code's structure and logic were admired by historians and sinologists like Jacques Gernet, who praised its "faultless logic" despite its complexity.
The Tang Code served as the foundation for subsequent imperial codes and influenced the penal systems of China and other East Asian states. It was the first complete code, providing a model for later traditional penal codes through its definition of the Five Punishments and Ten Abominations. The code's impact extended beyond the Tang dynasty, as evidenced by its influence on the legal materials of the Mongol Yuan dynasty and the continuation of its principles in later dynasties.
The Tang Code exemplifies the evolution of traditional Chinese law, which incorporated Legalist and Confucian traditions of social order and governance. It reflected the Confucian worldview, where the rule of law primarily applied to those who deviated from civilised behaviour, with an emphasis on proper rites. This code played a pivotal role in shaping the legal landscape of China and its cultural sphere of influence, demonstrating the significance of comprehensive criminal codes in establishing and maintaining social order.
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Frequently asked questions
A code of law, also called a law code or legal code, is a systematic collection of statutes that aims to comprehensively cover a complete system of laws or a particular area of law.
The oldest known code of law is the Code of Hammurabi, which was developed during the reign of Hammurabi (c. 1792–1750 BCE) of the 1st dynasty of Babylon. It consists of 282 laws, with punishments that varied based on social status.
Other ancient codes of law include the Twelve Tables of Roman Law (first compiled in 450 BCE), the Corpus Juris Civilis of Justinian (also known as the Justinian Code, compiled between 429–534 CE), and the Tang Code, created in 624 CE in ancient China.
The Code of Hammurabi is regarded as an important figure in the history of law. It influenced later legal traditions such as the Mosaic Law and the Covenant Code, which share similarities in format, principles, and content. The “eye for an eye" principle from the Code of Hammurabi is also reflected in the Mosaic Law.
Codes of law have evolved with the development of different civilizations and legal traditions. In the 1800s, national codification movements gained momentum, with the Napoleonic Code adopted in France in 1804 serving as a model for many modern civil codes worldwide. Common-law countries like Great Britain and the United States tend to have narrower codifications, while civil-law countries typically aim for exhaustive coverage of their legal systems through codes.
