For example, women could get a divorce. There is some evidence that suggests that women could run a business. In other ways, women were restricted by the code. The father or her brothers often arranged her marriage.
It is unlikely that Hammurabi was a great jurist making up laws on the spot, but rather a pragmatist who sought to put in writing the judicial practices of his day. All too often the victim or his family had gone beyond what the perpetrator or his family thought was appropriate and had begun an endless cycle of revenge.
Hammurabi felt that once the perpetrator had paid the price the incident should be considered closed. Elsewhere in this website I have stressed the need to look at the past through its own eyes and not through our own. The following principles might well be questioned today but their validity in the Ancient World was regarded as self-evident: Numbers in brackets refer to the section numbers in the code.
A wife may or may not have been considered property in the same way a son or daughter was, but her sexuality belonged exclusively to her husband, and any interference therewith had to be punished as much as any other serious theft. The reverse was true in the Ancient World where society needed more and more workers and families needed young people as a guarantee the old would not be left destitute and lonely.
People took pride in having a large number of offspring for they were living up to their social responsibilities and, of course, guaranteeing they would have someone to look after them in old age.
Unwanted babies were exposed by many ancient societies. Should the children of a slave or concubine be raised by their mother as a separate family or together with the other children of the father and his wife?
To the extent allowed by the laws of each society, fathers regularly had to decide whether to claim any newborn as his child.
While motherhood was obvious, fatherhood was not.
The solution was to place severe restrictions on female sexuality. The double standard would remain almost universal until the development of a reliable means of birth control in the second half of the Twentieth Century. That option does not exist in an agrarian society.
If people are going to live in family units anyway, perhaps it makes sense to have assets owned by the family, not the individual.
While Babylonia appears to have had no law against women owning property, they did not do so as a matter of course. In the normal state of affairs, the husband or father was the custodian of the family assets. The Ancient World knew perfectly well that all of this left women at a certain disadvantage.
The system worked very well in normal, happy marriages, but when disaster struck, whether it be death, desertion or divorce, it was usually the woman who paid the price.
We need to look at how the legal system attempted to redress this economic inequality. Most women expected to marry and have a family. A fair body of love poetry would suggest that girls did have some say, but marriage, at least in theory, was arranged by their fathers or brothers.
According to the Hammurabi Code a contract was necessary to make a marriage. The most important item to be negotiated was the size of the bride price. In Babylonia the bride price almost always became part of the dowry. Depending on social status, the bride price could represent a significant transfer of wealthperhaps a house and several acres of land but at the bottom of the economic ladder it might have been little more than an item of furniture or some kitchen utensils.The Code of Hammurabi Hammurabi, the ruler of the Mesopotamian Empire and creator of the laws in the Code of Hammurabi, was born in BC (Horne 1).
During his reign from to BC, King Hammurabi formed the earliest set of laws that the Babylonian citizens abided by (Horne 1). Between and B.C.E., Hammurabi led the Babylonian people into a period of peace and prosperity.
A crucial event in the Hammurabi reign was the implementation of a code of laws. Hammurabi's Code After reading the codes of law set out by Hammurabi himself, sometime between the years of BCE and BCE, I have come to the conclusion that laws are necessary for many things, but especially to keep order and to keep society running.
According to the Code of Hammurabi, women had some legal rights, but these rights were not equal to men's. Married women had a right to divorce as well as men.
In fact, in order to acquire the right for divorce, a woman has .
The Code of Hammurabi has laws for men and women. However, most of these laws are more like punishments for women. On a large pillar made of stone one can find The Code of Hammurabi which are a set of laws, judgments, or decrees, which was ordered by King Hammurabi.5/5(4).
Sep 04, · Hammurabi, the king of Babylonia in the eighteenth century B.C., developed an extensive legal system that came to be known as the Code of Hammurabi. The code covered topics such as military service, family life, and commercial and criminal law ("Hammurabi" 1).