Interpreting the Past

Ancient Egypt and the Near East Unit: Applying the Code of Hammurabi to Babylonian Court Cases

Assignments to hand in: Stop Here & Discuss Questions for Two Court Cases (See Below) | Judging Babylonian Court Cases Graphic Organizer | Comprehension Questions (See Below)

Essential Questions, shared learning target & introduction:

Essential Question 3: How and why do humans organize their societies the way they do?

What will I be able to do?: You will be able to explain some of the Code of Hammurabi and how this law was implemented/used in Babylonia.
What idea, topic, or subject is important for you to learn and understand so that I can do this?: You will learn some of the law within the Code of Hammurabi and how subjects/people might have been judged during the ancient Babylonian empire.
What I will do to show that you know this?: You will show what you know by reading and answering discussion questions about two ancient court cases, judge nine of them, then answer comprehension questions about Hammurabi's Code as it relates to today.

Introduction:

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(Watch the video (above) to introduce yourself to Hammurabi's Codes)

In 1792 B.C.E., Hammurabi, the sixth king of the Ammorite dynasty, became the king of Babylon. The Ammorites were a seminomadic group of people who had migrated from Syria around the twenty-first century B.C.E. and conquered several large Mesopotamian cities, including Mari and Babylon. Hammurabi ruled Babylon for 43 years, during which he conquered surrounding areas and expanded the small kingdom until it included most of northern and southern Mesopotamia. Besides being a skilled warrior, Hammurabi was a clever administrator and a diplomat. He recognized that he could control his empire most efficiently by promoting harmony and obedience. To do so, he brought together existing laws from each Mesopotamian city-state and combined them into a single legal code, known as the Code of Hammurabi.
The Code of Hammurabi consists of 282 laws that are inscribed on an 8-foot-high stela (stone slab), which was found in the Mesopotamian city of Susa. At the top of the monument is an engraving of King Hammurabi receiving the laws from Shamash, the Babylonian Sun-God, who was believed to oversee justice in human affairs. The Code's prologue states that the laws were written "to promote the welfare of the people, make justice visible in the land, destroy the wicked person and the evil, in order that the strong might not injure the weak." The Code deals with many aspects of daily life, such as property rights, trade, family issues, and professional services. Each law is written in the form of a conditional sentence: If someone commits this act, the person can expect this punishment. Laws from the Code of Hammurabi were administered by local judges assigned to towns throughout the Babylonian Empire. Litigants were required to appear before the judges, state their case, and provide witnesses to corroborate their testimony. Occasionally, free citizens from the general public were invited to sit with the judges to decide on court cases. This constituted a body known as the Assembly, which served as a type of jury.
The laws in the Code of Hammurabi reflect the values of Babylonian society. For instance, a person was believed innocent until proven guilty; however, once proven guilty, the person faced a harsh punishment based on retaliation - the judicial concept that is know as "an eye for an eye, a tooth for a tooth." The value that Babylonians placed on honesty is demonstrated in the Code by the severe punishments given to individuals who falsely accused others of wrongdoing. The hierarchical nature of Babylonian society is evident through laws that prescribe different punishments for the same crime based on the defendant's gender and social class. The Code also reflects Hammurabi's view that the rights of individuals are secondary to the good of the state (Civic Duty). Although the Code of Hammurabi appears harsh by modern standards, it marked a considerable advancement in the administration of justice in ancient times.


Step 1: Court Cases -  Choose TWO court cases from the list below and read the Laws from the Code of Hammurabi as they relate to your court cases. Answer the questions for your two court cases under "Stop Here & Discuss":

Hammurabi's court

    Court Case: Citizen Accused of Stealing an Ox

    Court Case: Commoner Accused of Harboring a Runaway Slave

    Court Case: Commoner and Soldier Claiming the Same Piece of Land

    Court Case: Nobleman and Slave Involved in a Brawl

    Court Case: Builder Accused of Faulty Construction

    Court Case: Man Seeking Divorce Without Financial Settlement

    Court Case: Farmer Refusing to Pay Rent

    Court Case: Woman Seeking Damages for Her Father's Wrongful Death

    Court Case: Dispute Between Nobleman and Doctor over Patient Death

Step 2: Judging Babylonian Court Cases - Complete the Judging Babylonian Court Cases graphic organizer by reading through the court cases above.

Step 3: Comprehension Questions: On a lined piece of paper, answer the following questions about the Code of Hammurabi.

a. What did you find most interesting about each case?
b. Which laws do you believe were fair? Unfair?
c. Which laws from the Code of Hammurabi are similar to laws we have today?
d. Which laws are different from laws we have today?
e. Which Babylonian values do you think are similar to American values? Which values are different?
f. How would you feel about living in a community that used the laws from the Code of Hammurabi?