Decoding the CODE of HAMMURABI

Discovered in 1901, the Law Code of Hammurabi is one of the most important writings found from the ancient world. But the nature and purpose of the text is unknown. In this video, you will find out what scholars have proposed as possible answers to this mystery.

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[crbielert]

“The code is more what you’d call ‘guidelines’ than actual rules.”
– Barbossa, Pirates of the Caribbean

[txikitofandango]

David, I appreciate your commitment to truthfulness in reporting, in calling out people that stretch the truth or make unfounded and ideological claims. But even more I respect that you don't back down from telling a good story, crafting a compelling and memorable narrative that is aligned with evidence.

[storieintrama]

Almost three years ago, during the worst part of the covid pandemic, I tried to cope with the overall situation by giving a shot to making a Youtube channel. In Italy, where I live, a lockdown had recently ended at that time. My first choice, having recently studied ancient near east history for a university exam, was to make a video, in italian, on this exact topic, given the amount of literature available due to its fame and the popular misconceptions about it. I was never able to keep up the necessary work for keeping alive my youtube channel, but this video throws me back to what I still nevertheless remember as a wonderful experience in a fairly tragic period of our lives. It was obviously unintended, but... thanks!
It makes me even happier than somehow I managed to cover the subject quite accurately, even though at the time I was even more unexperienced than now. Keep up the good work, I love your channel and contents!
I particularly find perfectly on point the recent more explicitly mistery-driven communication strategy, I hope it is functional as it seems in reaching a wider audience!

[lachirtel]

This is quite interesting. As an Attorney who has a classics and history background, two additional things struck me:

1). Use as an institutional charter. As the major versions of these texts were found in multiple temples, with smaller versions, but without major general legal application, it strikes me as (possibly) parallel to the monastic charters or constitutions in the older sense of establishment of a legal entity.

Essentially, this concretized the existence of the temple as a legal or metaphysical entity with greater legitimacy than simply the fancy building or the priests there. Proclaiming this from the stone would be a way to link the prestige of the archaic language with the ceremony and the direct realm of the gods (and our monarch Hammurabi, of course).

2). A special legal zone with enhanced penalties. Perhaps related to the first part, it could be that the Temple as a direct political and economic entity had increased jurisdictional power over its tenants vs the ordinary people in society. In the same way that contemporary government, military, and "company towns" have enhanced powers over their dependents or employees. Or possibly even prisons, given the great harshness and economic productive role.

[jonathanloux]

I wonder if this is an emic vs etic thing? When I was studying anthropology, I remember learning that you have to be careful when studying a culture’s practices since the people you are studying might be telling you the idealized practice whereas nobody does that in real life. An example given was marriage practices. You might ask a person about courtship and marriage and they might give you a narrative of boy meets girl. Boy courts girl. Certain signs are given from each family as to their receptiveness to the union. Maybe there are rules for a proper mate such as ‘mother’s brother’s daughter/father’s sister’s son, ’ etc. A dowry is agreed upon. A date is set, white dress, wedding vows, stag party, drunken bash at the reception, everyone eats too much, etc. But when you get to see what actually happens in real life (etic) it’s nothing like the idealized story (emic.) The practice never conforms to the ideal.


Maybe the Hammurabi Code was just an idealized form of justice like a statue with a blindfold, a sword, and a scale. They might have thought it inspirational, but reality was quite different.

[Geredis]

I've always loved the theory that I heard that the Code was more aspirational guidance for local magistrates. An aspirational touchstone, instead of a centralized and rigid legal decree that was to be followed exactly and precisely.

[welcometonebalia]

Thank you. I studied legal history, but not really ancient legal history, apart from some Roman law. This is a fascinating topic.

[edgarsnake]

Thanks for this, David. I just read the code of Hammurabi recently for the third time. It has always intrigued and puzzled. I was never sure quite what to make of it. Your video has helped to put it in a more understandable perspective.

[JMMRanMA]

As always this is a fascinating video. Long ago, from 9th grade Ancient History in 1962, I have always remembered Hammurabi and Nabu Rimannu and Kidinnu, all else is blurred. I was taught that it was the legal code, so it is very useful in understanding our history to know that its precise use is unclear. As for Nabu Rimannu and Kidinnu, they were astronomers and/or astrologers who began the science of astronomy and the pseudoscience of astrology [as I recall]. Thanks again for your contribution to the enlightening of the masses!

[thebec]

I always enjoy your videos. The "Mystery" addition is well played, Sir!

[Emymagdalena]

The foreword of “any person feeling wronged in a legal matter” can go and have the scribes read out the stele so that the case could be explained to him makes me think the penalties on Hammurabi’s stele are meant to be much harsher than local judges would give out. So if anyone has gripes with the out come of their trial they can go complain to the temple, where it would it be explained, “No, look. Your punishment should have actually been much harsher.”

[faustinae]

I enjoy all your videos. Awesome work ❤

[MaryAnnNytowl]

This is fascinating! _Things I Never Realized 101, _ right here! Thank you, Dr. Miano, for all you do – I greatly appreciate it. 🙏🏽

❤❤

[bipolarminddroppings]

Im always fascinated by ancient codes of law. They're so often full of seeming contradictions of principle and are often the complete opposite of what we have today.

One of my favourite quotes is:

The first commandment breaks the first amendment.

[ShayGamerD]

Thank you for this reasonable presentation. Some clarifications: did people had troubles with reading Laws of Hammurabi? The "archaic" script is mostly the same as in many other lapidary texts, the main difference was the orientation of the text, which was rotated by 90 degrees. In the early third millennium texts had vertical orientation, around half of the third millennium the orientation was switched to horizontal (similar to orientation of the Latin script we use now). The laws of Hammurabi stela had an archaic vertical orientation. The aim was as an archaism, as usually in ancient times: everything which appeared older, was considered more important. So the main difficulty was the need to rotate your head 90 degrees while reading. The script is not that much different than on other monuments of the time. Also, there were copies of the laws, and they have regular, horizontal orientation.
Also, we don't know what is the origin of the stela. It was found in Susa among the spoils king Shutruk-Nahhunte of Elam (modern-day Khuzestan province, Iran) took from Babylonia in the 12th c. BCE from Babylonia. Now most scholars think the stela actually originated from Sippar, not Babylon.
In addition, most scholars are now very careful with describing the state which Hammurabi created as "empire." Traditionally, all ancient states were called "empires, " but now many of those do not meet various definitions of the term we have now. Hammurabi's Babylonia was still an amalgam of semi-independent cities, which had a lot of autonomy. There was no truly territorial state in Mesopotamia until Kassites, who came to Babylonia after the fall of Hammurabi's dynasty. Also, Hammurabi's son, Samsu-iluna, lost most of its territories, and his kingdom shrunk to essentially a rump-state encompassing the core territory of Babylonia. It was finally destroyed by Mursili I, the king of the Hittites, in 1595 BCE (according to the traditional chronology), but at that time kings of Babylon were mere figureheads. Btw. the expedition of Mursili I is one of the biggest mysteries in the Near Eastern History. He had to traverse more than 1400 kilometers, which had to take weeks at that time, just to sack Babylon. His various actions resulted with the destruction of three main states of the time, Babylonia, Yamhad in Syria, and his own, the kingdom of Hittites. If there were Golden Raspberry awards for bad statesmanship, he would definitely be in the running.

[dennisrydgren]

This is not the channel for “a good story” I like the best argument for historical events. Love it, subscribe!

[Peter-riie]

Oh man, you do make great videos! Interesting subjects, always with humour in these sometimes soooo dusty subjects. 🙏🏻 Keep’em coming. 👊🏻

[tumbler]

Thank you. The link in your description "A translation of the text" leads to an error page that says "Wikisource does not have a text with this exact name". I think you just missed the closing bracket.

[ainsleystevenson]

The Origen of ‘law’ is fascinating. Our ancestors wrote laws they claimed originated with gods, they believed a creator god instructed man on the law template he designed us to function by. But we believe we evolved therefore moral laws are constructs of individual people who want to control others in order to protect themselves, we claim no one is above the law and yet the person who wrote the law is indeed above the law. Who wrote moral law, gods or man? It could be decided through scientific study…"Is moral law natural (like law of gravity) with natural consequences (beyond our influence) to disobedience, or, unnatural (imposed by one man upon another) with imposed punishments (humans punishing other humans)". Interesting.

[kkupsky]

What is with the great history content drop today? Love it prof. I hope you do more of these and the debunking videos when yer not traveling.