Tuesday, February 22, 2011

Hammurabi's Code

Throughout the Code of Hammurabi I noticed that the punishments used for crimes were all very similar, and they all consisted of the taking of life, or material loss. It seemed strange that the punishments were one of two options because today our justice system has such a wide, and seemingly endless range of possible consequences for crimes. In the Code of Hammurabi, the punishments seemed like they would truly cause a person to think twice before acting because they would either be committing a crime that is punishable by death, or one that could end up their having to repay several times more than what they took. By putting monetary value on all the punishments that were not death, it could be assumed that people would abide by the laws more because they could lose several years crop, or loads of silver. This is far unlike our justice system today because, aside from the complete incorporation of religion into the judicial system, instead of maybe going to jail for week or a few months like today, the perpetrator would have to sometimes pay several times the monetary cost of their crime.
Instead of putting the burden of punishment costs on the shoulders of the innocent and victims through the price of prison systems, the cost is inflicted upon the guilty. This provides for a much more cost effective judicial system. With this method, a criminal doesn't go to a prison and get regular meals and a bed to sleep in, he is forced to either face death or have to turn over large amounts of silver and/or crop yields. By doing this there is a far greater incentive for people to not commit crimes because the burden is on their shoulders if they do, instead of on the rest of the people. With religion so deeply integrated into the laws, not only does the criminal have the burden on themselves, but the promise of holy punishment is an even greater motive to behave.

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