Monday, February 21, 2011

Body of Laws for Future Generations

Ronak Patel

Near Eastern Studies R1B

Response Paper; Hammurabi of Babylon (Ch 7-8)

Marc Van De Mieroop continues his biography of Hammurabi by describing how Hammurabi governed his newly acquired territory, and how the Code of Hammurabi possibly came about. Hammurabi ruled his land by appointing a number of advisors. Economic management was very complex because of increasing production and trade, followed by private property rights. Judicial oversight also became difficult with such a large number of people. To keep order some form of formal decision making was necessary. It may seem appropriate to suggest that the famous Code of Hammurabi was the guiding principles for judgment, but Van De Mieroop argues that this code is not a body of laws, but merely something in “between the formulation of rules and the accounts of actual cases judged by the king” (102). Therefore, he does not believe that it can be considered a true body of laws. I agree that the code was not a body of laws in Hammurabi’s life time, but I believe that the idea of its existence as a body of laws, as intended by Hammurabi, for future generations is a definite possibility.

Something very important to consider is what Van De Mieroop mentions at the end of chapter 8 of his biography on Hammurabi. “Hammurabi was the King of Justice, a title he uses repeatedly in his epilogue. He was the shining example in this respect for all future generations, and he proclaimed the grandeur by means of his stela” (110). Obviously, Hammurabi wanted to leave his mark on history, but he could have done this by glorifying his successful style of diplomacy, his success in military campaign, or his ability to govern. Instead, he wants to be remembered most for the code on the stela. Even though his code was never referred to in judgments during his life, the code could not have been created without reason. That reason very well may have been judgments in specific cases. If it is based on judgments in specific cases, made by Hammurabi or his people, then the code had to have been scribed for future leaders to use. Having it written on a stela may be symbolic of having it ‘set in stone’. Therefore, it can be considered a code of laws in that context.

Hammurabi’s intent can be further understood by looking at what he wrote in his epilogue about how his code should be received by those of his own time. “Let my stela make his court case clear. Let him see his verdict…” (Van de Mieroop 110). It is appropriate to assume that a verdict is based on a body of existing laws. If the wronged man’s verdict was based on the code itself, then he obviously wanted the wronged man to except the verdict based on the code. This could also apply to someone in the future who may have taken counsel to the stela for being wronged. This is further evidence of the code’s intent as a body of laws for future generations.

The Code of Hammurabi itself is important because of the man it represents, but its creation for the possibility of having it used by future generations may be even more important.

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