Crime and Punishment

Debate Sheet

Babylonian Law

So, Who Were the Babylonians?

The Babylonian Empire and its most well-known leader, King Hammurabi, translated popular consensus and the moral doctrine of the times into a legitimate document that was eventually used to govern the people. The Baylonian Empire, which existed from 7000- 2250 years ago, and its leaders can be credited with writing the fundamental pretexts on which modern law is based.

 

Also, the Babylonians were the first to condense their independent city-states into one, nation state run by a monarch.

Geographical Location

Geographical Location: The Babylonian Empire can be best described geographically as the landmass surrounding the intersection of the Euphrates and Tigris Rivers. This factor helped the Babylonians to become somewhat self-sufficient; the constant flow of the river proved as a great source of irrigation for their crops.

The Babylonian Empire was centered around the land that is now called Iraq.

 

 

Treatment of Social Classes

All social classes were protected by the law and could engage in business

 

However, there were many fixed differences that were protected by the law between each class

Treatment of Social Classes (Con’t)

Wardu

were slaves for either a life-time or for a limited period of time

slaves were treated well, since a healthy slave could work more and harder

The price for an adult male slave would be about $300 - $400 according to today’s currency

Treatment of Social Classes (Con’t)

Musheknus

were often either craftsmen, clerks, or farmers

 

Awilus

Awilus were often government officials, priests, wealthy landowners, or rich traders

Own most of land in Babylonia

Marriage

Parents arranged their children’s marriages

The conclusion of the marriage was through a contract inscribed on a tablet

 

Justice- Court Systems:

         Justice was administered by the courts

Based on Hammurabi code

Each court had from one to four judges.

Their evidence was statements from witnesses or written documents

Oaths were important

Used the cuneiform system of writing

Used Sumerian system of formal education

Falsely testified witnesses would be slain

Accused person would cast himself into the river

Actual legal decisions were stored in inscriptions, royal charters, private letter, the general literature, and more

Legal Matters Considered “important”

Property- sale, lease, barter, gift, dedication, deposit, loan, pledge, all of which were matters of contract

 Leasing-farm land, housing

Hired Labor- there was a statutory wage

Debt- not always cash, person in debt would owe in produce

Some similar to legal matters dealt with today

 

 

Babylonian economy was based on

Animal  breeding

Agriculture

Manufactured goods (textiles)

Foreign trade

Economic institutions

Palace

Temples

Palace and temples held power because they owned a great deal of land

Bartering system (silver) checked by weight and measure, controlled by the crown

Crown can standardize a price for a good, but prices generally fluctuated

 

 

 

The Babylonian Legal System

The Babylonian legal system has been called the basis of modern day English Law, many of the concerns expressed by the Babylonian people, and their leader Hammurabi, are echoed throughout the current legal doctrine. Concepts like stealing, murder, and rape were, for the first time in an organized manner, addressed by government. The system used in Babylonia was different than that of those that came before it simply because it promoted equality between victim, and victimizer. The catch phrase, “an eye for an eye,” was first used in the times of Hammurabi.

Also, the use of Judges was a new concept. Before the days of Babylonian law, if there was a dispute among villagers, they would take their complaints to a village elder. Hammurabi fought for the creation of an institution that promoted the training of objective aribiters, so that villagers would be equally represented, as opposed to visiting “the guy next door.”