Kara Sears
The first laws ever created were likely natural laws, which are unchanging observable principles of life. These laws have been in existence since the beginning of life itself, but they were not written down. The oldest written laws were created in ancient Mesopotamia, with the Code of Ur-Nammu, written in Sumerian c. 2100-2050 BCE, being the oldest known surviving law code. The Code of Hammurabi, created c. 1760 BCE, is another early example of a written legal code, and was once considered the oldest promulgation of laws in human history. Other early law codes include the Code of Urukagina, the Lipit-Ishtar, and the Twelve Tables of Roman Law, compiled in 450 BCE.
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What You'll Learn
The Code of Ur-Nammu
The laws covered both civil and criminal matters and reveal a glimpse of the societal structure during Ur's Third Dynasty. Beneath the king, all members of society belonged to one of two basic strata: the "lu" or free person, and the slave (male "arad", female "geme"). The code also outlines the different statuses of women, who progressed from daughter ("dumu-mi") to wife ("dam"), and if they outlived their husbands, to widow ("nu-ma-su").
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The Code of Urukagina
Urukagina, the king of Lagash, sought to limit the power of the priesthood and large property owners. He removed several officials from their positions of control, including the head boatman, the livestock official, and the fisheries inspector, and the silo supervisor. Urukagina also abolished the custom of polyandry, or a woman having multiple husbands, and took measures against usury, burdensome controls, hunger, theft, murder, and seizure of people's property and persons.
One of the notable aspects of Urukagina's reforms was the protection afforded to widows and orphans. He cleared and cancelled obligations for those indentured families living as debtors due to grain taxes, barley payments, theft, or murder. Urukagina vowed never to subjugate the waif and the widow to the powerful, ensuring that they were no longer at the mercy of the wealthy and influential.
While the Code of Urukagina may not have been as comprehensive or widely enforced as later law codes, it represents a significant step towards social justice and reform in ancient Mesopotamia, setting a precedent for future legal systems.
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The Code of Hammurabi
The edicts in the Code of Hammurabi cover a wide range of topics, including criminal law, family law, property law, and commercial law. They also outline different standards of justice for the three classes of Babylonian society: the propertied class, freedmen, and slaves. For example, a doctor's fee for curing a severe wound would vary depending on the social class of the patient, with a higher fee for a gentleman than for a freedman or slave. Penalties for malpractice followed a similar scheme, with harsher punishments for crimes against higher-status individuals.
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Roman Law
The Romans divided their laws into two main categories: jus scriptum (written law) and jus non scriptum (unwritten law). Written law included various types such as leges (enactments of the assemblies of the Roman people), senatus consulta (resolutions of the Roman Senate), and constitutiones principum (expressions of the legislative power of the emperor). The unwritten law referred to customs and traditions.
One of the most significant developments in Roman law was the creation of the Laws of the Twelve Tables in 450 BCE. During a period of social unrest, a committee of ten men, known as the decemviri, was tasked with recording the laws. These laws were inscribed on twelve tablets and touched on various areas, including civil law, public law, and religious law. The Twelve Tables formed the basis of Roman law for centuries, documenting the rights and duties of Roman citizens.
The influence of Roman law extended beyond the boundaries of the Roman Empire. Roman citizens living in early Germanic states continued to be governed by Roman laws, and the Germanic kings adopted elements of early Eastern Roman codes in their law codes. The Corpus Juris Civilis, compiled under Emperor Justinian, became a significant source of Roman law and influenced legal traditions in Eastern Europe and Anglo-American common law.
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Sharia or Islamic Law
Sharia, or Islamic Law, is a religious law that lays down governing principles for spiritual, mental, and physical behaviour that Muslims follow. It is derived from two main sources: the Quran, which is considered the direct word of God, and Hadith, which are the sayings and practices attributed to the Prophet Mohammed that form the Sunnah.
Sharia is best understood as Islam's divine law, guiding the personal religious practices of Muslims worldwide. It is the ideal form of divine guidance that Muslims follow to live a righteous life. It is a system of duties that are incumbent upon all Muslims by virtue of their religious belief. It is derived from the Arabic word 'sheri' and means "the correct path".
Sharia differs from Western legal systems in two main ways. Firstly, its scope is much wider as it regulates an individual's relationship not only with their neighbours and the state but also with God and their own conscience. Secondly, it is concerned as much with ethical standards as with legal rules, indicating what an individual is entitled or bound to do in law, and what one ought to do or refrain from doing in accordance with their conscience.
Sharia law encompasses legal, moral, and ethical directives. It governs the relationship between man and God (ibadat) and between man and man (muamalat). It also covers all aspects of a Muslim's behaviour, attitude, and work ethic (akhlaq). While directives relating to ibadat and akhlaq are fixed and unchangeable, directives of muamalat may change.
The process of interpreting Sharia, known as fiqh, developed over hundreds of years after the Prophet Mohammed's death in the seventh century. By the second Islamic century, four schools of legal interpretation had become dominant throughout the region, with doctrines that could speak to all Muslims. These interpretations of Sharia attempted to distinguish between upright and wicked human conduct in legalistic terms.
Today, about half of the world's Muslim-majority countries have Sharia-based laws, and most Muslims worldwide follow aspects of Sharia in their private religious practices. However, opinions vary on the best balance of Islamic law and secular law. Some countries with large Muslim populations, such as Malaysia and Nigeria, have a dual legal system where a secular judicial system coexists with Islamic courts.
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Frequently asked questions
The first laws ever created were natural laws, which are unchanging observable principles of life. These laws existed before writing and are therefore the oldest laws, although they are not man-made.
The oldest written laws were found in Ebla, in modern Syria, and date back to c. 2400 BC. The Sumerian Code of Ur-Nammu (c. 2100–2050 BC) is also one of the oldest known surviving law codes.
The Code of Ur-Nammu institutes fines of monetary compensation for bodily damage. Murder, robbery, adultery, and rape were capital offenses. It also reveals societal structure during Ur's Third Dynasty, with the king at the top, followed by the lu or free person, and then the slave.
The Code of Hammurabi is often pointed to as the first set of laws, as it is what most people are taught in school. This set of laws was proclaimed by the Babylonian king Hammurabi, who reigned from 1792 to 1750 BC.
