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The Code of Ur-Nammu, written in Sumerian c. 2100–2050 BC, is the oldest known surviving law code. It was discovered in Iraq in 1952 and is arranged in a casuistic form of IF (crime) THEN (punishment). The Code of Hammurabi, compiled in the 18th century BC, was the first Mesopotamian law collection to be discovered and is one of the most well-preserved ancient law codes.
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What You'll Learn
- Code of Ur-Nammu: the oldest known surviving law code, from Mesopotamia, c. 2100–2050 BC
- Code of Urukagina: an earlier law code than Ur-Nammu, but no longer extant
- Code of Hammurabi: the first Mesopotamian law collection to be discovered, but not the first written
- Twelve Tablets: the foundation of Roman law, influencing many countries' legal systems today
- Ancient Greece: no lawyers, judges, or drawn-out cases, but large juries of up to 500 people
Code of Ur-Nammu: the oldest known surviving law code, from Mesopotamia, c. 2100–2050 BC
The Code of Ur-Nammu is the oldest known surviving law code, dating back to around 2100–2050 BC. It originates from Mesopotamia and is written in the Sumerian language on tablets. The code is named after King Ur-Nammu of Ur, who reigned from 2112 to 2095 BC, and it is believed to have been written during his reign or just prior to it.
The code provides valuable insights into the societal structure and legal system of ancient Mesopotamia. It reveals a hierarchical society with the king, or "great man" (lugal), at the top, followed by two main strata: the "lu," who were free people, and the slaves (male: arad, female: geme). The son of a free person was called a "dumu-nita" until he married and became a "young man" (gurus). A woman's status changed from daughter (dumu-mi) to wife (dam), and if she outlived her husband, she became a widow (nu-ma-su) who was allowed to remarry.
The Code of Ur-Nammu is arranged in a casuistic form, presenting a clear structure of "if (crime), then (punishment)." This format was influential and replicated in many subsequent legal codes. The code instituted fines and monetary compensation for bodily harm, deviating from the "eye for an eye" principle of Babylonian law. However, certain crimes, such as murder, robbery, adultery, and rape, were considered capital offenses, carrying the death penalty.
The prologue of the code invokes the deities Nanna and Utu, associated with Ur-Nammu's kingship, and emphasizes "equity in the land." It showcases Ur-Nammu's royal power, with statements like "I eliminated enmity, violence, and cries for justice." The code also includes specific laws related to marriage, divorce, accusations of sorcery and adultery, and the treatment of slaves and widows.
The first copy of the Code of Ur-Nammu was discovered in fragments at Nippur, Iraq, and was translated by Samuel Noah Kramer in 1952. Additional fragments found in Ur in 1965 allowed for the reconstruction of more laws. The original tablets are now held in various museums, including the Istanbul Archaeology Museums, the Iraq Museum in Baghdad, the Istanbul Museum, and the British Museum.
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Code of Urukagina: an earlier law code than Ur-Nammu, but no longer extant
The Code of Ur-Nammu, written in Mesopotamia c. 2100–2050 BC, is the oldest known surviving law code. However, it is known that earlier law codes existed, such as the Code of Urukagina, which is three centuries older than the Code of Hammurabi. Unfortunately, the Code of Urukagina is no longer extant.
Urukagina was a Sumerian king who reigned in the city of Lagash for seven years, sometime around 2375 B.C. He is believed to have been selected for kingship by Ningirsu, warrior of Enlil, who commanded him to replace the customs of former times. Urukagina's code has been widely regarded as the first recorded example of government reform, seeking to achieve greater freedom and equality. He removed several officials from their positions of power, including the head boatman, the livestock official, the fisheries inspector, and the silo supervisor. He also limited the power of the priesthood and large property owners and took measures against usury, controls, hunger, theft, murder, and seizure of people's property and persons.
Urukagina's reforms also included the cancellation of obligations for indentured families in Lagash, who were living as debtors due to grain taxes, barley payments, theft, or murder. He promised never to subjugate the widow and the orphan to the powerful, stating: "The widow and the orphan were no longer at the mercy of the powerful man". Additionally, he abolished the custom of polyandry, decreeing that a woman who took multiple husbands would be stoned with rocks inscribed with her crime.
Urukagina's wife, Shasha (or Shagshag), was possibly a commoner who became the administrator of the temple of the goddess Baba (Bau, or Ba-u). She oversaw a significant expansion of the "Household of Women", increasing its numbers from about 50 to 1,500 persons and placing it under her supervision. This group was given ownership of vast amounts of land confiscated from the former priesthood.
Overall, Urukagina's code represents a significant step towards curbing the abuses of power that had taken place in Lagash and improving the lives of its citizens, particularly the vulnerable. Despite the lack of surviving texts, the impact of Urukagina's reforms is evident in the historical records and the praise poems written for him, showcasing the importance of his contributions to the evolution of human society.
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Code of Hammurabi: the first Mesopotamian law collection to be discovered, but not the first written
The Code of Hammurabi was a set of 282 laws inscribed in stone by the Babylonian king Hammurabi, who ruled ancient Mesopotamia from 1795 to 1750 BCE. Hammurabi's Code was the first Mesopotamian law collection to be discovered, but it was not the first written. Several earlier collections have been discovered, including the Code of Ur-Nammu, which is the oldest known surviving law code from Mesopotamia, written in the Sumerian language around 2100-2050 BCE.
The Code of Hammurabi shares strong similarities with earlier Mesopotamian law collections, such as the Code of Ur-Nammu, the Code of Lipit-Ishtar of Isin, and the Laws of Eshnunna. These earlier collections were also written by rulers and feature prologues and epilogues, upholding the "one crime, one punishment" principle. The cases covered and the language used are strikingly similar, suggesting that the Code of Hammurabi may have been influenced by these earlier collections.
The Code of Hammurabi is notable for its influence on the laws of other cultures, despite not being the earliest law code. It is well-preserved and has been translated into multiple languages, contributing to its impact on legal traditions outside of Mesopotamia. By the time of Hammurabi's reign, Mesopotamia had become a diverse society, and his law code reflects a need for precision and clarity to ensure that everyone understood what was expected of them.
The Code of Hammurabi addresses a range of topics, including business contracts, proper prices for goods, and family and criminal law. It also reflects the social and cultural changes occurring in Mesopotamia during Hammurabi's rule, such as the emergence of a multi-ethnic and multi-tribal society, which may have led to conflicts and challenges in maintaining cohesion within the empire.
The discovery and study of the Code of Hammurabi have sparked debates among Assyriologists regarding its purpose, underlying principles, and relation to other law collections. Despite these uncertainties, Hammurabi is regarded as an important figure in the history of law, and the Code of Hammurabi is recognized as a significant legal code.
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Twelve Tablets: the foundation of Roman law, influencing many countries' legal systems today
The Twelve Tables, also known as the Law of the Twelve Tables, were a set of laws inscribed on 12 bronze tablets in ancient Rome in 451 and 450 BCE. They were created to address the legal rights of all citizens and to provide a means of redress for wrongdoings. The tablets were publicly displayed in the Forum of Rome, allowing all citizens access to the law and reducing the influence of the elite.
The Twelve Tables introduced several important legal principles, including legal transparency, contracts, property ownership, and equality before the law. They also covered procedural fairness, ensuring that all citizens were treated fairly in the courts. While the original tablets have been lost, their influence can be seen in later Roman law texts, such as The Digest of Justinian I, which includes laws derived from the Twelve Tables, such as legal recompense for damage caused by animals and protocol for inheritances.
The Twelve Tables were a foundational moment in the history of law and continue to influence modern legal systems, particularly in countries with a civil law tradition, such as France, Germany, and Italy. The principles of legal transparency, fairness, and equality that they established have guided the development of legal systems around the world. Today, law students worldwide continue to study the Twelve Tables as part of their education to better understand the current legal system.
The Twelve Tables were created by a committee of ten legal experts, the decemviri, who were tasked with composing a law code that represented the interests of ordinary citizens and reduced the influence of the aristocracy and priests. While the tablets themselves have not survived, portions of the text have been preserved through fragments and references made by historians such as Cicero and Livy.
The Twelve Tables played a significant role in shaping the early American legal system as well. Political theorists like James Madison have highlighted the importance of the Twelve Tables in crafting the United States Bill of Rights. The Twelve Tables' influence extends beyond the legal realm, as they also contributed to the development of the concept of Jus Commune, or "common law," which is commonly referred to as "civil law" in English-speaking countries.
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Ancient Greece: no lawyers, judges, or drawn-out cases, but large juries of up to 500 people
The Code of Ur-Nammu, from Mesopotamia, is the oldest known surviving law code, written in the Sumerian language c. 2100–2050 BC. It is arranged in a casuistic form of "IF (crime) THEN (punishment)", a pattern followed in nearly all later codes.
The legal system of Ancient Greece had some unique features, including the absence of lawyers and judges. Instead of legal representation, litigants in Ancient Greece argued their cases themselves and could hire speechwriters to help craft their arguments. These speeches could include character attacks, their adversary's past crimes, or their own altruistic work. There was also no pre-trial discovery or exchange of evidence, and no rules of evidence.
The Athenian legal system was particularly distinctive, focusing on settling disputes and resolving arguments rather than enforcing a coherent system of rules, rights, and obligations. Cases were heard by large juries, sometimes consisting of up to 500 or more jurors, depending on the nature and stakes of the case. Juries were selected randomly from a panel of 6,000 male citizens over 30, and they decided on both guilt and punishment. Most trials were completed within a day, with private cases concluded even faster.
The Ancient Greek legal system has had a lasting influence, with the judicial system in America drawing roots from it.
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Frequently asked questions
The Code of Ur-Nammu is the oldest known surviving law code. It is from Mesopotamia and is written in Sumerian c. 2100–2050 BC.
The Code of Ur-Nammu is written on tablets. Fragments of these tablets are held at the Istanbul Archaeology Museums and the Iraq Museum in Baghdad.
The laws are arranged in a casuistic form of "IF (crime) THEN (punishment)", a pattern followed in nearly all later codes.
The Code of Hammurabi, compiled near the end of Hammurabi's reign as the first king of Babylon. This was the first Mesopotamian law collection to be discovered, but it was not the first written.
