Read the excerpt from Hammurabi’s Code.

Question

“If a man has knocked out the eye of a patrician [aristocrat], his eye shall be knocked out. . . If he has knocked out the eye of a plebeian [commoner] . . . he shall pay one mina of silver. If he has knocked out the eye of a patrician’s servant . . . he shall pay half his value.”

What does this quote illustrate about the nature of Hammurabi’s Code?

Answer 1

The excerpt from Hammurabi’s Code illustrates several key aspects of the nature of the code itself:

1. Hierarchy and Class Distinction: The differing punishments based on the social status of the victim (patrician, plebeian, or servant) demonstrate a clear social hierarchy. It reflects the unequal status of individuals in Babylonian society and implies that the value of a person's injury is contingent upon their societal rank.

2. Retributive Justice: The principle of "an eye for an eye" (lex talionis) is evident in the punishment for injuring a patrician, indicating a focus on retributive justice. It emphasizes that punishments should be equivalent to the crimes committed, aligned with the prevailing notion of fairness in the context of similar social status.

3. Economic Compensation: The code provides for monetary compensation for offenses against lower-status individuals, such as plebeians and their servants. This illustrates a legal framework that also recognizes economic restitution, allowing for a more measured response to offenses when they involve individuals of lower status.

4. Legal Codification: The structured nature of the code itself signifies an early attempt at establishing a comprehensive legal system. It reflects an organized approach to law, with specific guidelines for dealing with various kinds of offenses and the consequences tied to them.

Overall, this excerpt encapsulates the complexity of justice in Hammurabi’s society, where laws were designed to maintain social order and reflect the hierarchy among its citizens.