The Code of Hammurabi & the Rule of Law: Why Written Law Matters [No. 86]

3,500 years ago, King Hammurabi of Babylon compiled a series of commands regarding the day-to-day life of his people. These commands, which dealt with topics from divorce to contracts to murder, were preserved on a diorite stela, binding future Babylonian kings to Hammurabi’s new code of law.

How can a written legal code affect the rule of law? Dr. Paul Rahe of Hillsdale College discusses the 282 laws which can be found on this artifact and how they have influenced law codes from the Book of Deuteronomy to American legal codes.

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As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.

Learn more about Paul Rahe:

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Related Links & Differing Views:

Archaeology: “Laws”

Project Gutenberg: “The Oldest Code of Laws in the World by King of Babylonia Hammurabi”

Fordham University: “Ancient History Sourcebook: Code of Hammurabi, c. 1780 BCE”

The Federalist Society Blog: “Ruminations on the Rule of Law”

Cato Institute: “Remember the Common Law”

You forgot to mention a great difference from nowadays: in the Code of Hammurabi society was divided in three groups: superior men, commoners and slaves and further clearly divided in two sexes, and penalties were very different according to status. Nowadays, in theory, everyone is equal before the Law.

[ballinbalgruuf]

I'm not here because of some schoolwork. I'm just genuinely curious.

[lordfarquaad]

Struggling to pump out an essay and trying to remain top student right now. Thank you.

[rakeshyaar]

The Code of Hammurabi influenced Babylonian society and later Jewish and Christian law codes, addressing crimes and holding the king responsible to the gods.

[00:00] The Code of Hammurabi provides insight into Babylonian society through its laws
- Contract law and liability law are prominent
- Family law, including divorce and custody, is also present
- Criminal law and laws regarding public officials are included
- The laws take the form of if/then statements for judges to follow
- The code includes aspects of modern law, but seems to be case law-based

[01:35] Legal systems have evolved from simple principles to complex rules to fit complex social and contractual situations
- Judges added circumstances to simple principles to avoid producing injustice
- Contract law has become more complicated due to unforeseen circumstances
- The evolution of legal systems is similar to the evolution of common law
- The idea of having a code of laws may go back as much as 800-900 years before Hammurabi

[03:10] The Book of Deuteronomy and Hammurabi Code show continuity in law codes
- Jewish law is inspired by the Mesopotamians and the Hammurabi Code
- All law codes must address crimes and have a political constitution
- Hammurabi Code lacks a political constitution but holds the king responsible to the gods
- The death penalty is common in the Hammurabi Law Code

[humanrightsall]

People are missing the point here. The main point is not so much what the codes are as the creation of the codes itself. It was the first written law that governed the relationship among individuals and groups in ancient society. And that was a step forward in history: making laws, regardless of them being fair or not, as opposed to lawlessness

[willtogs]

Thank you for this video! I am currently writing essays and studying ancient law codes for my summer because they are interesting and I found this very. very helpful!

[archanarangari]

Hammurabi`s main principle of code of law was that = The strong shall not injure the

[manuelmoraleda]

Don't do unto others that you don't want others to do unto you. That's a fair and balanced justice. The Golden Rule.

[c.galindo]

An interesting way of structuring laws and the template in which other laws followed long after this document became ancient. Intriguing

[RubenRubilar-mc]

00:10 1:30 Family law 1:40 02:04 2:52 3:20 Jewish Law and commonalities

[narrowistheway]

Actually Jewish/Christian Law is extremely different and you should have noted that. Both of those often praise forgiveness over punishment

[annallasad]

Me over here is trying to find the simplest summary of 'em all and thankyou very much!! I had finished my task because of your help!! Thankyou very much!!!❤️❤️

[KayDejaVu]

So this is what some will say will occur soon. Commands and laws for life.

[christophersnedeker]

Equality isn't really there, a noble has a lesser punishment for harming a commoner then another noble. We see equality more in the mosaic law.

[davidferrer]

"You really should read the hammurabi code" bruh thats why we are here wtf

[jeremyjames]

He conveniently failed to point out that there was two separate laws, one for the rich, one for the poor. The code of Hammurabi is the basis for most codes of law.

[vigneshshankar]

Why am I here

Ethics teacher:To learn.

[TylerDWard]

You really ought to read the hamarabi code...really? Why do you waste my time to say that 4:43 in

[ahmedjawad]

many thanks, I found what I'm looking for here

[brigittahoffmann]

Quite impressive, but clearly brutal,