Hammurabi is acknowledged for developing the first set of laws. According to Hansen and Curtis (2017), Hammurabi's code consists of 282 laws governing various aspects of the unified Mesopotamia. Hammurabi's codes are among the earliest written laws that helped the king in his reign from the year 1972 to 1750 B.C (Hansen and Curtis, 2017). Like any other king in history, Hammurabi expanded the Babylonian city-state in the hope of uniting the southern Mesopotamia.
Hammurabi codes are a representation of the law being the ruler's will a case different from today's democratic nations. According to Harrison and Boyd (2018), democracy has the rule of law principle for both citizens and rulers. The rule of law protects fundamental economic, social, and political rights as well as defends the country's citizens from the lawlessness threats. According to Harrison and Boyd (2018), the rule of law means that all citizens are equal despite their social-economic status. However, Hammurabi's rule is different as the codes applied to people depending on the social class. Therefore, the democratic governments in today's era exercise power and authority following the law with the elites or prominent people, also being subject to its constraints.
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Hammurabi’s codes are similar to the democratic laws in the sense that both aim to bring order to their respective countries. For example, in modern law, making an untrue statement concerning someone makes that individual liable for defamation. On the other hand, the Babylonian codes emphasize the provision of pieces of evidence for individuals accusing other people of certain crimes (Hansen & Curtis, 2017). Therefore, if one is unable to provide evidence or prove the ordeal the accuser faces a death punishment. The difference in maintaining order between the two eras is brought by the fact that an individual with the issue is responsible for taking the accused and providing evidence to the courts. A case different from today’s way of governing in which people in authority are responsible for ensuring the victim achieves the justice they deserve.
In democratic societies, all citizens and their leaders are subjects to the country's constitution. According to Harrison and Boyd (2018), a constitution outlines the basic reasons and society's aspirations for the achievement of its citizens' welfare. The constitution, in the present societies, portrays the national government's authority, outlines the basic operating procedures for the government guaranteeing vital human rights (Harrison & Boyd, 2018). An accountable government and a democratic ought to be accompanied by limits that clearly outlines government power. Therefore, laws need to be developed according to the constitution.
Additionally, today's judicial bodies that are politically independent allows their citizen the freedom to challenge the various laws that seem unconstitutional. Harrison and Boyd (2018) assert that citizens in a democratic society are capable of seeking court-ordered remedies for actions that are illegal by their officials or the government. On the contrary, Hammurabi as the king of Babylon subdued all people that rebelled in his community. Powers in the Hammurabi's rule rested in the king, a case different from today's democratic societies in which the power rests in the people.
Like today's laws, Hammurabi's codes emphasize that accused parties be considered innocent until proven guilty. However, the codes include various harsh punishments among them demanding the guilty people have their eyes plucked out, tongues, hands, and ears. Nevertheless, the social classes of the parties influenced these punishments with poor individuals being more affected. Codes of Hammurabi clearly outline the punishments that accrue to people with the elites having the advantage over the less fortunate (Hansen & Curtis, 2017). Similarly, people in high levels of political power in today's government enjoy the freedom of bending the laws whenever there is a chance, although the law forbids it. Unlike the Hammurabi codes that openly allowed inequality. Therefore, Hammurabi’s ruling codes have both similarities and differences to today's democratic community
References
Curtis, K., & Hansen, V. (2017). Voyages in world history [ebook] (3rd ed. Vol.1). Boston, MA: Cengage Learning. Retrieved 21 September 2020, from https://ebooks.cenreader.com/#!/reader/f7edb740-6df0-4265-9738-7e4caa44d639/page/91d74226e220c70dd1403c4b4dd1a68a?search=urban%20center http://library.lol/main/78E989BF426A5E93173CBD5E94B547B3.
Harrison, H., & Boyd, T. (2020). Democracy. In H. Harrison & T. Boyd, Understanding political ideas and movements . Retrieved 21 September 2020, from https://www.researchgate.net/publication/327127217_Democracy .
