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Law and the Family in Ancient Mesopotamia

Law and the Family in Ancient Mesopotamia. The Code of Hammurabi, 1800 BCE. Thinking in Space: The Origins of Western Civilization in Ancient Mesopotamia. Thinking in Time: A Timeline. Timeline. Timeline. Prehistory. Timeline. Ancient Civilization. Code of Hammurabi. Hammurabi Stele.

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Law and the Family in Ancient Mesopotamia

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  1. Law and the Family in Ancient Mesopotamia The Code of Hammurabi, 1800 BCE

  2. Thinking in Space: The Origins of Western Civilization in Ancient Mesopotamia

  3. Thinking in Time: A Timeline

  4. Timeline

  5. Timeline Prehistory

  6. Timeline Ancient Civilization Code of Hammurabi

  7. Hammurabi Stele

  8. Code of Hammurabi • Law of Babylonian Empire • Promulgated by Hammurabi in 1800 BCE • 282 Laws, a Prologue and Epilogue • The bas relief shows the sun god giving Hammurabi a staff and a ring symbolizing his authority to enforce the law.

  9. Laws on Family, Sexual and Property Relations • Marriage and family: 129, 134-142, 142, 168-69. • Assault: 195-212 • “Consumer Protection:” 215-18, 229-33. • Debt Slavery:117.

  10. You can assume…. • That if the situation is described it “exists” in some sense. • That if a law is passed, it points to a problem in the society. There is no need for laws punishing theft if no one steals. • That the law and the creation stories aim to be comprehensive answers to questions for people in society.

  11. Social Organization in Ancient Society • Nobility or elite: Wealthy, Learned or Powerful (militarily, economically, etc.) • Commoner (free): Ordinary people with resources: land or a trade. • Slave: Individual “owned” by someone else (but not necessarily a permanent status).

  12. How does one become a slave? • Capture in war • Punishment for a crime • Sale by family • Self sale for debt or debt bondage • A descendant of a slave

  13. Characteristics of a Slave’s Situation • Owes labor to master, generally for life • Alienated from claims of birth • No property rights, lineage, or inheritance rights • No civil rights • ? Religious rights? • No political rights

  14. Propositions on Family Organization • Wealthier households are larger than poorer households • Men may have more than one wife; wives are ranked according to first wife, second wife, and so forth. Most men cannot afford a second wife. • Wives may have only one husband and must be faithful to him.

  15. Propositions, cont. • Rules of divorce and remarriage vary. • Men generally remarry if spouse dies or is infertile • Terms of widowhood and remarriage vary. • Women are “classed” through their relationships to men as wives, legitimate daughters, concubines, or slaves. • Household members are responsible (and liable) for the actions of other members.

  16. Propositions about Legal Relationships • Law is logical and coherent, characterized by generalized rules of behavior. • The state promulgates and enforces the law. • Ancient law does not display a strong distinction between civil and criminal violations. • Violations against more powerful people are punished more severely than those against less powerful people.

  17. Propositions, cont. • The punishment for the crime must fit the crime: lex talionis • Institutions of enforcement are weak compared with modern legal systems.

  18. Terms • Lex Talionis: an “eye for an eye” legal system • Concubine: a second wife • Dowry: the resources the bride’s family gives to the groom’s family • Brideprice: the resources the groom’s family gives to the bride’s family • Levirate: practice of a widow marrying her deceased husband’s brother (e.g., her brother-in-law)

  19. Terms, cont. • Polygamy: practice of men having more than one wife • Monogamy: practice of men having one wife • Homogamy: practice of marrying within one’s social group • Exogamy: practice of marrying non kin • Endogamy: practice of marrying kin • Incest: practice of marrying or having sexual relations with a “close” relative

  20. Refresher: The Concept of “Family” • Simplest meaning: 2 or more persons related by blood, marriage or adoption • Other aspects: • lineage, kindred or tribe: a “family reunion” • coresidential primary descent group • all household members (including employees. servants or slaves)

  21. Refresher: Concept of a “Household” • One or more persons living in a “housing unit” that constitutes a “separate living quarters”

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