The primary purpose that the law serves is to regulate the conduct of individuals in a society. Laws usually contain provisions that either prohibit certain behaviors or challenge individuals to engage in particular pursuits. There are some laws that go further and offer provisions on moral conduct. These laws define how one man should relate with another and with his God. The 10 commandments and the Hammurabi’s Law are among the codes that continue to define the behaviors of communities today. These laws were established with the intent of ensuring harmony. The 10 commandments also regulate the relationship between individuals and their God. The 10 commandments and Hammurabi’s Law helped to create good communities in the ancient world.
The first clues into the impact that Hammurabi’s Law had on ancient Mesopotamian community can be found in its prologue. Here, Hammurabi states that through his leadership and this law, he created a community that feared God and embraced righteousness. He added that his leadership established a society where the weak were sheltered against cruelty and wickedness (“Hammurabi’s Law Code”, 2016). In the epilogue, it is reiterated that these laws were intended to ensure justice. The epilogue states that “Laws of justice which Hammurabi, the wise king, established” (“Hammurabi’s Law Code”, 2016). If Hammurabi’s words are anything to go by, one can argue that Hammurabi’s law facilitated the establishment of a society where justice thrived. An examination of some provisions of this law adds further weight to this argument. One of the provisions of the law stipulates that “if a man put out the eye of another man, his eye shall be put out” (“Hammurabi’s Law Code”, 2016). Assuming that this and other provisions in the law were applied strictly, it is reasonable to expect that the law had a positive impact on the ancient Mesopotamian society. It is worth noting that the ancient Babylonian community appears to have established some of the legal principles that are still applied today. For example, the Hammurabi Laws contain a provision which requires witnesses to be truthful. The provision states that “if any one bring an accusation of any crime before the elders and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death” (“4c. Hammurabi’s Code”, n.d). It is reasonable to argue that the provisions of the code facilitated the creation of a just society where honesty and fairness are truly valued. The 10 commandments had a similar impact on the ancient Israeli society. Leon Kass offers an interesting take on the impact that this code had on the lives of Israelites. He notes that the commandments were a tool that God used to unite and liberate these people (Kass, 2013). They had endured years of captivity and hardship in Egypt. Upon their release, they desperately needed a new identity that would unite them and reconnect them to God. The 10 commandments achieved this. Thanks to these laws, the Israelites became a community that was united in its faithfulness to one God and one another. In a piece that explains the significance of the 10 commandments to the Jewish people, Yael Shahar confirms that the commandments helped to cement the bond among the people and with their God. He notes that the commandments took the form of a covenant (Shahar, 2015). Basically, the 10 commandments was a physical representation of the deep and complex relationship between the Jewish people and their God.
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To understand the impact that Hammurabi’s Law had on ancient Mesopotamian communities, it is helpful to consider the historical context of the laws. Hammurabi served as the ruler of a vast region that served as the home of many communities (“4c. Hammurabi’s Code”, n.d). These communities had different cultures and had established varying legal structures and processes. For example, the communities had varying legal provisions. In an effort to bring the entire kingdom under a single legal system, Hammurabi established the laws. He dispatched experts who were tasked with the mandate of gathering the laws of the different communities (“4c. Hammurabi’s Code”, n.d). These laws then underwent a process of reconciliation. Some laws were discarded while others were included in the final code (“4c. Hammurabi’s Code”, n.d). Given the process used to create the code, one can argue that Hammurabi’s Laws ensured equality and fairness. In a way, all the communities were consulted before the final code was created. Therefore, the Hammurabi’s Code improved the lives of ancient Mesopotamian communities as it offered each community a voice and was the result of an inclusive and consultative process.
One of the crucial roles that legal processes and systems play is that they help to contain evil. For example, most legal systems today stipulate the prison sentences that individuals are to serve when convicted of certain crimes. Typically, grave crimes attract heavier penalties and longer sentences. When developing the code, Hammurabi must have set out to punish evil and encourage righteousness. As noted above, in the prologue, he declares that he intended to promote justice. The prologue also makes it clear that discouraging and punishing evil were other aims that Hammurabi wished to achieve through the laws. It states that among the goals that Hammurabi pursued was “to destroy the wicked person and the evil doer, that the strong might not injure the weak” (“4c. Hammurabi’s Code”, n.d). Given how harsh the penalties for certain crimes were, it must be that the code was effective in discouraging ancient Mesopotamians against engaging in evil affairs. For example, those found to have committed robbery “shall be put to death.” This provision sounds rather harsh and excessive. However, such provisions enabled the ancient Mesopotamian society to secure justice and punish evil.
The arguments presented above suggest that Hammurabi’s Law helped to create a just society where fairness thrived. Further support for these arguments can be found in how these laws were displayed. The laws were written on a large slab and displayed publicly (“Hammurabi’s Code”, 2011). The purpose of the display was to ensure that all members of the community understood the crimes and the corresponding penalties. Therefore, no individual facing charges of having committed a crime could argue that they did not know the laws as their defense. The public display of the laws must have helped to entrench justice and accountability into the Babylonian society. Every member of the society must have understood what was expected of them and therefore behaved accordingly. As they feared being put to death, these individuals shunned robbery. Since they desired to keep their eyes, they avoided causing harm to the eyes of others. Essentially, Hammurabi’s Law must have instilled a culture of respect for the law and accountability.
Hammurabi’s Law focuses mostly on civil issues. It stipulates the penalties that are to be instituted against those who wrong others. The 10 commandments are different. In addition to specifying the behaviors that the Jewish people are to engage in and those that are to be avoided, the commandments also highlight how the community was to relate to their God. Basically, the 10 commandments established the religious practices and beliefs of the Jewish people (Bratcher, 2013). For example, the commandments instruct the people to worship only one God and to keep the Sabbath holy. These provisions are still vital components of Jewish religious traditions and practices. The 10 commandments were enshrined in Jewish law and have since become a critical part of routine Jewish life (“The Hebrews and the Foundations”, n.d). Therefore, since they unified the Jewish people under a single code of religious practice and beliefs, the 10 commandments created a good community.
The discussion above has defended the argument that the Hammurabi’s Law and the 10 commandments created good communities. While this argument remains valid and sound, it is necessary to consider the other side of the debate. One may argue that these laws had devastating impacts on the ancient Jewish and Babylonian communities. It is possible that Hammurabi’s Laws encouraged vengeance and animosity. This possibility lies in the provisions of these laws. For example, the laws provide that a man who puts out the eye of another man shall have his eye put out as well. Instead of encouraging forgiveness, Hammurabi’s Law urged vengeance. Some of the provisions also seem unfair and cruel. For example, there is a provision that states “if the slave of a freed man strike the body of a freed man, his ear shall be cut off” (“Hammurabi’s Law Code”, 2016). This provision indicates that the law did not accord full protection to all members of the society.
In conclusion, the 10 Commandments and Hammurabi’s Law are among the oldest and most influential codes. These codes contain provisions on a wide range of issues. Hammurabi’s Laws spell out the punishments to be meted out against those who have committed certain crimes. These laws were established with the goal of creating a just society where the weak were protected against oppression. The 10 commandments promoted unity among the Jewish people as it brought them together under a legal and religious system. While these laws delivered benefits, they had serious drawbacks. Modern societies can draw inspiration from the laws but they must be careful to avoid the drawbacks that the laws possess.
References
4c. Hammurabi’s Code: An Eye for an Eye. (n.d). Retrieved March 5, 2018 from http://www.ushistory.org/civ/4c.asp
Bratcher, D. (2013). Israel’s Code of Conduct Compared to Surrounding Nations. Retrieved March 5, 2018 from http://www.crivoice.org/lawcodes.html
Hammurabi’s Code: Babylonian Law Set in Stone. (2011). Retrieved March 5, 2018 from https://www.ancient.eu/article/68/hammurabis-code-babylonian-law-set-in-stone/
Hammurabi’s Law Code (18th Century B.C.). (2016). Washington State University.
The Hebrews and the Foundation of Western Law. (2013). Retrieved March 5, 2018 from http://www.crf-usa.org/bill-of-rights-in-action/bria-16-4-a-the-hebrews-and-the-foundation-of-western-law
Kass, L. R. (2013). The 10 Commandments: Why the Decalogue Matters. Retrieved March 5, 2018 from http://www.aei.org/publication/the-ten-commandments-why-the-decalogue-matters/
Shahar, Y. (2015). The Ten Commandments. Retrieved March 5, 2018 from https://www.haaretz.com/jewish/the-ten-commandments-1.5416257
