Tuesday, April 16, 2019
The Code of Hammurabi Essay Example for Free
The ordinance of Hammurabi EssayThe Code of Hammurabi is remembered more(prenominal) for the punishments set for each crime, and non for the crimes themselves. The eye for an eye master and the plentiful crimes that whitethorn result to a death penalty whitethorn search harsh for us nowadays, but the Code has been the basis of separate subsequent laws used to govern a society. By far the most remarkable of the Hammurabi records is his code of laws, the earliest-known cause of a ruler proclaiming publicly to his people an entire body of laws, arranged in orderly groups, so that all men might read and know what was required of them. (Fordham University ) The Code is also considered Hammurabis lift out legacy non only to his people, but to otherwise societies as well. This is understandable because Hammurabi has ruled over the gentlemans oldest metropolis, Babylon. During those times, the code of law is considered a subject for prayer, although the dominant view is conte mpt for the violators of the law. (Yale practice of law School) The Code of Hammurabi is basically a list of rules for a community. There be negative and positive results that spate be expected with the implementation of the set rules.Hammurabi, Babylons ruler, has formulated the laws in order to make certain that his kingdom maintains peace, order and justice. He is presented as a king who is also a wise law-giver. However, as said earlier, there are advantages and disadvantages in implementing the Code of Hammurabi. Due to the strictness and gravity of the punishments, the Code may actually create a peaceful community. Fear is instilled in the people of Babylon. The Code also aims to gain ground balance and over-all justice in the communityHammurabi, the exalted prince, who precautioned God, to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers so that the strong should not harm the weak so that I should rule over the black-headed peo ple like Shamash, and enlighten the land, to further the well-being of mankind. (Yale right School) I take that the Code is well-intended. It essential also obligate been a success because there are other set of rules that seem to follow the Code of Hammurabi. If one should peruse the decade Commandments, some similarities can be discovered.Basically, what is considered a trespass in Hammurabis time is still considered a sin or a violation of the law. However, the Commandments have reduced the violations that should be punishable by death. In fact, the emphasis is on what should not be done, not on what punishments should be implemented. This negative way of setting rules, like Thou shall not kill is its coincidence to the Code of Hammurabi, except that the Code attaches the punishments to what must not be done. (Bible. Org) There are many points in the Code which talks about punishment for things that are prohibited or for things that are not proved.If anyone brings an accu sal of any crime before the elders, and does not prove what he has charged, he shall, if it be a expectant offense charged, be put to death, (Yale Law School) is an example of the laws enumerated in the Code of Hammurabi. This can be compared to the Ten Commandments law against bearing false witness against a neighbor. If anyone is committing a robbery and is caught, accordingly he shall be put to death is an example of a punishment attached to the crime which is prohibited. In this case, the rule states that robbers should be put to death.(Yale Law School) Like the other rules, the intention is to discourage people from committing the crime. Other rules with punishments of a little serious degree attached seem to be more reminiscent of state laws rather than religious laws. Surprisingly, even inside a Code which can be often harsh and unfor giving, there are also some provisions in some laws that go away provide options to the one who has been wronged. For example, if the wife is caught committing adultery, the keep up is presumptuousness an option to forgive her. It also gives importance to fairness in trade and contracts.Persons who own properties, including slaves, must make sure that they have the proper documentation ready for cases that will question the validity of ownership. This will gauge if stealing or cheating has occurred. This is a common sense rule which prevails today. The above mentioned statements plump for the positive effect of the Code of Hammurabi. Nevertheless, the Code is not without its flaws. Although the fear that is instilled in the people by giving harsh penalties may reduce the crime rate in any given society, the very fear may be detrimental to the psyche of the people ruled by the law.I believe that it is not fully satisfying to command people with the weapon of fear. The Code cannot ensure the goodness of the people, only their outer behavior. Although I think that the Code of Hammurabi is well-intended, as it aims fo r a just and peaceful community, there are laws within it that actually violates my sense of justice. There are punishments that are too harsh for the crime that it is meant to castigate. For example, a woman who is to set up a tap house or even just to enter a tavern to have a drink will be burned to death.The Code is also not without its sell of superstition. In the absence of other means to prove guilt, measures like making people swim in the river and then judging them to be guilty if they drown, seem to be superstitious and ignorant. Obviously, this manner of investigation cannot field during modern times when people train to become stronger swimmers. In life, we like to believe that we are given several chances to change our ways. Even modern prisons allow for some conversion, religious or secular they may be.Death penalties are only implemented whenever heinous crimes are encountered. However, the Code of Hammurabi seems to pride itself in preventing a soul to commit the same mistake. If a judge tries a case, reach a decision, and present his shrewdness in writing if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judges bench, and never again shall he sit there to render opinion.(Yale Law School) The above example shows the finality of the Codes decision on a persons fate. Of course this will have its advantages as well. If the error committed has affected many lives in a serious way, like in medical malpractices of today, licenses are revoked. As a conclusion, I believe that the Code of Hammurabi is an effective set of rules formulated by a just ruler. Nevertheless, there is a urgency to adjust some of the penalties in order to fit todays sense of justice.The Ten Commandments, and other religious laws, have already condensed the Codes contents while state or giving medication laws have versions of its secular poi nters.Works Cited Bible. Org. 20 October 2007 http//www. bible. org/page. php? page_id=146. Fordham University . 20 October 2007 http//www. fordham. edu/halsall/ancient/hamcode. html. Yale Law School. The Avalon Project at Yale Law School. 17 October 2007 http//www. yale. edu/lawweb/avalon/medieval/hamframe. htm.
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