Cecily Zamora
The Code of Ur-Nammu is the oldest known surviving law code, written in Sumerian on tablets dating back to 2100–2050 BC. However, the most well-known ancient code is the Babylonian Code of Hammurabi, which was compiled around 1760 BC. The Code of Hammurabi is notable for its comprehensive approach to law, covering a range of subjects from criminal acts to medical practices. It is also known for its harsh punishments, such as demanding the removal of the guilty party's tongue, hands, breasts, eye, or ear. Hammurabi's Code provides some of the earliest examples of the lex talionis or an eye for an eye doctrine.
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What You'll Learn
- The Code of Ur-Nammu, the oldest known surviving law code
- The Babylonian Code of Hammurabi, one of the earliest and most complete written legal codes
- The Law of Moses or Torah of Moses, a biblical term first found in the Book of Joshua
- The Law of the Twelve Tables, a Roman codification
- The Salic Law of the Salian Franks, another ancient 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 originated in Mesopotamia and is written in the Sumerian language on clay tablets. The code is attributed to King Ur-Nammu of Ur, who ruled from 2047-2030 BCE, or his son Shulgi, who ruled from 2029-1982 BCE. The tablets were discovered in Nippur, modern-day Iraq, and were translated by Samuel Noah Kramer in 1952.
The Code of Ur-Nammu is a significant example of ancient legal codes, which were a common feature of the legal systems of the ancient Middle East. It is written in the typical format of Mesopotamian law codes, with a prologue invoking the deities for Ur-Nammu's kingship, Nanna and Utu, and decreeing "equity in the land". The code presents King Ur-Nammu as a mighty warrior and establishes his power and authority.
The laws themselves are arranged in a casuistic form, with a crime followed by the corresponding punishment. This structure was influential and was followed in nearly all later codes. The Code of Ur-Nammu instituted fines of monetary compensation for bodily damage, in contrast to the later "eye for an eye" principle of Babylonian law. However, certain crimes, such as murder, robbery, adultery, and rape, were considered capital offenses.
The code also provides insight into the societal structure during Ur's Third Dynasty. It reveals that beneath the king, or "great man," society was divided into two basic strata: the "lu," or free people, and slaves. The code also outlines the different roles and statuses of women, from daughter to wife and widow.
Overall, the Code of Ur-Nammu is a valuable source of information about the legal, social, and cultural practices of ancient Mesopotamia. It demonstrates the importance of religious beliefs and the king's role as an administrator of divine laws. Despite being incomplete, the code offers a glimpse into Ur-Nammu's vision of law and order and his desire to establish peace and equity in his kingdom.
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The Babylonian Code of Hammurabi, one of the earliest and most complete written legal codes
The Code of Hammurabi is a Babylonian legal text composed during 1755–1750 BC. It is the longest, best-preserved, and best-organized legal text from ancient Near East. The code is written in the Old Babylonian dialect of Akkadian and consists of 282 case laws, including economic provisions, family law, criminal law, and civil law. The laws also outline different standards of justice for the three classes of Babylonian society: the propertied class, freedmen, and slaves.
The primary copy of the text is inscribed on a basalt stele that was rediscovered in 1901 at Susa in present-day Iran. The stele 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: one-fifth contains a prologue and epilogue in poetic style, while the remaining four-fifths contain the laws. The laws are arranged in casuistic form: if (crime), then (punishment). One notable aspect of the Code of Hammurabi is its recognition of the importance of a defendant's intentions, as well as the presumption of innocence.
The Code of Hammurabi is considered one of the earliest and most complete written legal codes. It is known for its complexity and perceived fairness, and it has had a significant influence on the development of law, including the Mosaic Law. Hammurabi, the sixth king of the First Dynasty of Babylon, is regarded as an important figure in the history of law, and his code is considered a true legal code.
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The Law of Moses or Torah of Moses, a biblical term first found in the Book of Joshua
The oldest evidence of a code of law was found in modern-day Syria and is dated to around 2400 BC. The Sumerian Code of Ur-Nammu (c. 2100–2050 BC) and the Babylonian Code of Hammurabi (c. 1760 BC) are among the earliest known law codes.
Now, onto the Law of Moses or Torah of Moses, a biblical term first found in the Book of Joshua. The Law of Moses, also known as the Torah, is a collection of biblical laws and teachings that are said to have been given to Moses by God on Mount Sinai. The term Torah in Hebrew means "law" and is often used to refer to the first five books of the Hebrew Bible, which are known as the Pentateuch in Greek and the Old Testament in Christianity. These five books contain the Ten Commandments, moral laws, civil laws, and ceremonial laws that governed the day-to-day lives of the Hebrew people, including marriage, divorce, sexual conduct, and property rights.
The Law of Moses is first mentioned in the Book of Joshua, where Joshua, following one of Moses' final commands, writes the Hebrew words "Torat Moshe" on an altar of stones and reads the teachings, blessings, and curses to the nation of Israel (Joshua 8:30-32). The term "Torah" is also used in the Bible to refer to the Torah of the Lord and the Teachings of Moses. The Torah is considered to be a living network of traditions and customs for the Jewish people and is believed to be one of the three things by which the world is sustained, according to an old Mishnaic statement.
The influence of the Law of Moses extended beyond Judaism, as it is also recognized in Islam and Christianity. Muslims believe that Moses was one of the major prophets of God, and the Quran mentions the Torah and repeats some of its commandments. In Christianity, the Law of Moses is often referred to as "the Law," and Jesus is said to have fulfilled the Law of Moses (Matthew 5:17). Bible scholars debate how much of the law was inscribed and read by Joshua, but they agree that it played a significant role in the religious and legal traditions of ancient Israel.
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The Law of the Twelve Tables, a Roman codification
The Law of the Twelve Tables is the earliest known written legislation of ancient Roman law, traditionally dated to 451–450 BC. The Twelve Tables allegedly were written by a commission of ten and then twelve men, 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 within a small group of patricians. The plebeians' concerns were likely due to their lack of education and understanding of the law, which was often exploited by the patricians.
The first set of commissioners produced the first ten codes in 451 BC, and in 450 BC, the second set of commissioners completed the last two codes. In 449 BC, the Law of the Twelve Tables was formally promulgated and posted, likely on bronze tablets, in the Roman Forum. The tablets were also attached to the Rostra before the Curia in the Forum of Rome. The Twelve Tables displayed what was previously understood in Roman society as unwritten laws.
The written recording of the law in the Twelve Tables enabled the plebeians to become acquainted with the law and protect themselves against patricians' abuses of power. The tablets covered various private rights and procedures and were often highly specific and diverse. For example, the tablets outlined that if a Roman citizen freedman died without a direct heir, the inheritance would go to his patron. Another law stated that it shall be lawful to gather fruit falling upon another's farm.
The Twelve Tables were a prime legal source for the Romans, forming the basis of Roman law for a thousand years. They were superseded by later changes in Roman law but were never formally abolished.
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The Salic Law of the Salian Franks, another ancient code
The oldest evidence of a code of law was found in modern-day Syria and is dated to around 2400 BC. The Sumerian Code of Ur-Nammu (c. 2100–2050 BC) and the Babylonian Code of Hammurabi (c. 1760 BC) are among the earliest known law codes from the Fertile Crescent. The Romans also kept legal records, such as the Law of the Twelve Tables (451–450 BC).
In the midst of these ancient legal codes, the Salic Law, or the Law of the Salian Franks, stands out as another significant ancient code. It was compiled around AD 500 by Clovis, the first Frankish King. The Salic Law is also referred to as the Salian Law, derived from the name Salii or "Salian Franks." This ancient Frankish civil law code was written in Late Latin and included some of the earliest known instances of Old Dutch.
The Salic Law was the basis of Frankish law during the early Medieval period and influenced subsequent European legal systems. Its most well-known principle is the exclusion of women from inheriting thrones, fiefs, and other properties. The code provided written codification of civil and criminal laws, addressing matters such as inheritance and the punishment for murder.
The Salic Law reflects ancient usages and practices, as it was based on customary law that had previously been transmitted orally by designated elders. Clovis I appointed four commissioners to research and document this oral tradition, resulting in the Salic Law. For about 300 years, the code was meticulously copied by hand and amended to incorporate new laws, revisions, and repeals.
The Salic Law also recognised the special social statuses of the king, freemen, men, and Franks. Crimes against the king were penalised with significantly larger fines compared to crimes committed against other Franks. This distinction underscores the hierarchical structure of Frankish society.
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Frequently asked questions
The oldest evidence of a code of law was found at Ebla, in modern-day Syria, and dates back to around 2400 BC. The Sumerian Code of Ur-Nammu, compiled between 2100 and 2050 BC, is the oldest known surviving law code.
The Babylonian Code of Hammurabi, compiled around 1760 BC, is one of the earliest and most complete written legal codes. Other ancient codes of law include the Law of Moses or Torah of Moses, the Roman Law of the Twelve Tables (451–450 BC), and the Corpus Juris Civilis of Justinian, also known as the Justinian Code (429–534 CE).
Hammurabi's Code is known for its comprehensive approach to law, covering criminal acts, medical practices, and commercial interactions. It established fines and harsh punishments, such as removing body parts, and is one of the earliest examples of an accused person being considered innocent until proven guilty.
