Are the Laws of Hamurapi a Social Phenomenon

Abstract

In our time, great respect is paid to the law of ancient Rome. It is the basis of modern civil and criminal law. But perhaps it is time to rethink the existing theories and give due credit to the achievements in law of more ancient civilizations than Rome, such as the civilization in ancient Mesopotamia. The most significant feature of the ancient people of Mesopotamia is their respect and reverence for the laws. It is unlikely that the great king Hammurabi invented his laws himself. He certainly drew on the knowledge and experience of his predecessors and contemporaries, who laid the foundation of law. The text of the laws of Hammurabi was found at the beginning of the twentieth century. The laws date back to the first half of the 18th century BC. The collection of legal norms of the wise statesman Hammurabi contains 260 paragraphs, from various branches of law: Administration of justice and punishments, crimes against the person and property, marriage contracts and claims, etc. For the first time in these laws, concepts such as claim, lawsuit, trial, verdict, court decision, marriage contract, etc. are also found. The punishments provided for in Hammurabi’s laws are extremely severe – in addition to fines and compensation, they also include gouging out an eye, breaking a limb, knocking out a tooth, and killing. His goal is to “eradicate evil and corruption from his lands”, “in order to establish true prosperity and good governance in the country...”.