Kodeks Hammurabiego

The Code of Hammurabi: The Dawn of Legality

Babylonian Justice in the Ancient World

The Code of Hammurabi stands as a testament to the ingenuity and sophistication of ancient Babylonian civilization. This comprehensive legal document, dating back to 1754 BCE during the reign of King Hammurabi, represents one of the earliest known attempts to codify laws and establish a systematic framework for justice.

Carved in stone and prominently displayed in the city of Babylon, the Code of Hammurabi served as a public declaration of the laws governing Babylonian society. It covered a wide range of legal issues, including criminal offenses, contracts, marriage, inheritance, and property disputes. The code's provisions were intended to maintain order, protect individuals, and ensure fairness in legal proceedings.

Key Features of the Code of Hammurabi

1. Principle of Retaliation (Lex Talionis)

The Code of Hammurabi employed the principle of retaliation, also known as "an eye for an eye, a tooth for a tooth." This meant that punishments for crimes were commensurate with the harm caused to the victim.

2. Social Hierarchy and Class Distinction

Babylonian society was highly stratified, and the Code of Hammurabi reflected this hierarchy. Penalties for crimes varied depending on the social status of both the victim and the perpetrator. The lives of free citizens were valued more highly than those of slaves.

3. Presumption of Innocence and Trial

The Code of Hammurabi recognized the principle of presumption of innocence. Accused individuals were entitled to a trial where they could present evidence and witnesses to defend themselves. Witnesses were also held accountable for the veracity of their testimony.

4. Role of Scribes and Witnesses

Scribes played a crucial role in the legal process. They documented contracts, legal proceedings, and judgments. Witnesses were also essential, as their testimony was used to establish facts in court.

Legacy of the Code of Hammurabi

The Code of Hammurabi has had a profound influence on legal systems throughout history. Its principles of justice, fairness, and retaliation formed the foundation for subsequent legal codes in the ancient Near East, including those of the Hittites and Assyrians.

Moreover, the Code of Hammurabi has shaped the development of modern legal systems. Its emphasis on written laws, due process, and judicial proceedings has influenced the legal systems of many nations around the world.