law and the family in ancient mesopotamia the code of hammurabi, 1800 bce
TRANSCRIPT
Code of Hammurabi
• Law of Babylonian Empire
• Promulgated by Hammurabi in 1800 BCE
• 282 Laws, a Prologue and Epilogue
• The bas relief shows the sun god giving Hammurabi a staff and a ring symbolizing his authority to enforce the law.
Laws on Family, Sexual and Property Relations
• Marriage and family: 129, 134-142, 142, 168-69.
• Assault: 195-212
• “Consumer Protection:” 215-18, 229-33.
• Debt Slavery:117.
You can assume….
• That if the situation is described it “exists” in some sense.
• That if a law is passed, it points to a problem in the society. There is no need for laws punishing theft if no one steals.
• That the law and the creation stories aim to be comprehensive answers to questions for people in society.
Social Organization in Ancient Society
• Nobility or elite: Wealthy, Learned or Powerful (militarily, economically, etc.)
• Commoner (free): Ordinary people with resources: land or a trade.
• Slave: Individual “owned” by someone else (but not necessarily a permanent status).
How does one become a slave?
• Capture in war
• Punishment for a crime
• Sale by family
• Self sale for debt or debt bondage
• A descendant of a slave
Characteristics of a Slave’s Situation
• Owes labor to master, generally for life
• Alienated from claims of birth
• No property rights, lineage, or inheritance rights
• No civil rights
• ? Religious rights?
• No political rights
Propositions on Family Organization
• Wealthier households are larger than poorer households
• Men may have more than one wife; wives are ranked according to first wife, second wife, and so forth. Most men cannot afford a second wife.
• Wives may have only one husband and must be faithful to him.
Propositions, cont.
• Rules of divorce and remarriage vary.– Men generally remarry if spouse dies or is infertile– Terms of widowhood and remarriage vary.
• Women are “classed” through their relationships to men as wives, legitimate daughters, concubines, or slaves.
• Household members are responsible (and liable) for the actions of other members.
Propositions about Legal Relationships
• Law is logical and coherent, characterized by generalized rules of behavior.
• The state promulgates and enforces the law.
• Ancient law does not display a strong distinction between civil and criminal violations.
• Violations against more powerful people are punished more severely than those against less powerful people.
Propositions, cont.
• The punishment for the crime must fit the crime: lex talionis
• Institutions of enforcement are weak compared with modern legal systems.
Terms• Lex Talionis: an “eye for an eye” legal system
• Concubine: a second wife
• Dowry: the resources the bride’s family gives to the groom’s family
• Brideprice: the resources the groom’s family gives to the bride’s family
• Levirate: practice of a widow marrying her deceased husband’s brother (e.g., her brother-in-law)
Terms, cont.
• Polygamy: practice of men having more than one wife
• Monogamy: practice of men having one wife
• Homogamy: practice of marrying within one’s social group
• Exogamy: practice of marrying non kin
• Endogamy: practice of marrying kin
• Incest: practice of marrying or having sexual relations with a “close” relative
Refresher: The Concept of “Family”
• Simplest meaning: 2 or more persons related by blood, marriage or adoption
• Other aspects:– lineage, kindred or tribe: a “family reunion”– coresidential primary descent group– all household members (including employees.
servants or slaves)