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HAMMURABI CODE. Thomas Bevilacqua Jordan Danzig Lotan Weininger. 5 w’s . Who: King Hammurabi of Babylon What: Hammurabi’s codified book of laws When: 1792 BC-1750 BC Where: Ancient Babylon, modern day Iraq
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HAMMURABI CODE Thomas Bevilacqua Jordan Danzig Lotan Weininger
5 w’s • Who: King Hammurabi of Babylon • What: Hammurabi’s codified book of laws • When: 1792 BC-1750 BC • Where: Ancient Babylon, modern day Iraq • Why: To keep a fair and somewhat just society, to ensure rules and regulations were enforced
Strengths vs. weaknesses Strengths Weaknesses • Very hierarchal and patriarchal • Three categories: nobles, citizens with civil rights, slaves. • Severity of punishment was dependent on individual’s status within community • No distinction between mistakes and deliberate actions • Slavery was imminent • Trial by Ordeal as well as trial by Oath • Constitution • Fundamental laws dictating consequences of actions • A presumption of innocence • Accuser and accused have the right to provide evidence
Laws of the Hammurabi code • Retribution • Hierarchal • Restitution • Property • Code 196: “if a man knocked out the eye of a patrician, his eye shall be knocked out” • Code 199: “if a man has knocked out the eye of a patrician’s servant, or broken the limb of a patrician’s servant, he shall pay half his value” • Code 209: “if a man has struck a free woman with child, and has caused her a miscarry, he shall pay ten shekels for her miscarriage” • Code 8: “ if a man has stolen goods form a temple, or house, he shall be put to death”
Impact on the Canadian legal system • Hammurabi’s code was based of the principle of case law, and the rule of precedent • Had laws pertaining to: • Wages • Terms of transaction (contracts) • Liability • Property • Family matters • Inheritance • Divorce • Sexual behavior
Impact on the Canadian legal system • A presumption of innocence • Burden of proof on accuser • Accuser and accused had rights to provide evidence • Laws governed: • Religion • Military services • Slavery • Codes of conduct • Duties of workers
Facts • Code was written on stone slab • Written in 44 columnsand 28 paragraphs • The last complete example of the code survives on a diorite stele which resides in the Louvre • The code is the combination of 43 years worth of case law • Woman were inferior to men • No distinguish between mistakes and deliberate actions. • Ex. If a man builds a house and the house falls and kills the owner then the builder of the house shall be slain. King Hammurabi