“The earliest known law collection, put together by King Ur-Namma 300 years before Hammurabi, included proportionally fewer physical punishments and more monetary fines than we see in Hammurabi's laws,” explains Amanda H. Podany, a professor emeritus of history at California State Polytechnic University, Pomona, and author of the book Weavers, Scribes and Kings: A New History of the Ancient Near East. “But in Hammurabi's time most punishments were actually fines, no matter what the laws said. So the judicial system probably worked in much the same way across those centuries.”
Hammurabi's Code vs. Actual Mesopotamian Law
Hammurabi’s code “differs from earlier Mesopotamian law codes as it is more detailed, giving us more insights into the laws and rules of the day, social structure, and how laws were applied to different groups of people,” explains Dawn McCormack, associate dean of the College of Graduate Studies at Middle Tennessee State University, and a historian whose expertise includes Egypt and the Near East. “As the population diversified, the law codes adapted to meet the new circumstances.”
But how much practical importance Hammurabi’s code had in its time is unclear. As historians point out, it’s not a comprehensive collection of laws. While the code contains detailed regulations on matters ranging from doctors’ fees for setting broken bones to the cost of renting an ox for threshing grain, there also are conspicuous gaps, such as the absence of a basic law against murder. “Hammurabi made no attempt to cover all possible infractions, or to come up with any organizing principles behind them,” Podany says.
And even though Hammurabi made a big deal out of carving his laws into a stone monument, Podany says that surviving Mesopotamian court records don’t indicate that judges even consulted the king’s code in making their rulings.
Hammurabi’s collection of laws also may have been as much about appearance as actual governance. He promulgated them near the end of his 43-year reign, at a time when he may have been thinking a lot about how he would be remembered by future generations. “They do show that Hammurabi cared a lot about being viewed as a fair and just king, both in his own time and in future,” Podany says. “He emphasized this in the prologue and epilogue to the laws.”
“There is little doubt that Hammurabi wanted to be perceived as a just ruler who protected his citizens, in addition to a surrogate for the gods on earth, war leader, builder, and final judge,” Diamond says.
Code Symbolizes Fair and Impartial Justice