ISSN:
2181-3906
2025
International scientific journal
«MODERN
SCIENCE
АND RESEARCH»
VOLUME 4 / ISSUE 2 / UIF:8.2 / MODERNSCIENCE.UZ
691
HAMMURABI'S CODE: ITS IMPORTANCE IN LEGAL HISTORY
Nuriddinova Durdona Bekzodovna
https://doi.org/10.5281/zenodo.14902139
“
The strong might not oppress the weak
” that’s how the 2.25-metre-high stele containing
Hammurabi’s Code begins. King Hammurabi was the sixth ruler of the
First Babylonian
Dynasty
, reigning from
1792 to 1750 BCE
. He is best known for his remarkable efforts in the
creation of
Hammurabi’s Code
around
1754 BCE
, one of the earliest and most comprehensive
written legal codes in history. The code consisted of 282 laws that governed everything from trade
and property to marriage and criminal justice, emphasizing the king’s role in establishing a system
of justice and maintaining order and fairness in society. Hammurabi’s Code is one of the earliest
and most comprehensive written laws played a crucial role in shaping the development of later law
systems by establishing principles of justice, punishment, and social order. It hasn’t only had a
great influence on Ancient Babylon, but also it laid the groundwork for later legal structures in the
ancient civilizations, including Mosaic Law and Roman Law, and it set standards for the laws in
modern legal systems.
Babylon existed in the plain between Iraq’s Tigris and Euphrates Rivers. Founded some
time before 2300 BCE, under King Hammurabi’s rule from 1792-1750 BCE Babylon grew to be
the largest city in the world. Hammurabi (1810-1750 BCE) inherited power from his father,
becoming Babylon’s sixth and most-famous ruler. In the beginning of his reign the city prioritized
fortification over expansion. Hammurabi changed this, while fortifying the city, at the same time
he constructed canals, irrigation systems, and places of worship in his first ten years of reign. He
expanded Babylon’s boundaries using both diplomacy and war. Having done a lot of things for his
country during his reign, historians universally agree that Hammurabi should be best-remembered
as a champion of justice. The most important testament to this is Hammurabi’s Code: late in his
rule Hammurabi established the laws of Babylonia into one legal code, had it carved into stone,
and put it on display for all to see. Hammurabi’s Code is carved into a cylindrical stele, measuring
2.25metres high and 65centimetres wide, and it’s believed that they governed ancient Babylonia.
It was found in December, 1901, and January, 1902, on the acropolis of Susa by an Expedition
sent out by the French Government under the Director General, M. de Morgan. The Old
Babylonian Code is named after the ruler Hammurabi, whose face was carved in stone as the top
of the stele has a relief sculpture that depicts Hammurabi’s divine reception of the Code (or
possibly the authority to create it) from the sun god Shamash. It is considered that it had 282 rules,
ISSN:
2181-3906
2025
International scientific journal
«MODERN
SCIENCE
АND RESEARCH»
VOLUME 4 / ISSUE 2 / UIF:8.2 / MODERNSCIENCE.UZ
692
because from the rule 65, one fortieth of the rules have not been preserved. The law was drafted
as a constitutive act (“Constitution”), and regulates various legal matters: it regulates complex
property relations, family relations, obligations, criminal-legal relations, and contains provisions
on the judiciary and the army. Each law was written in two parts: A specific situation or case was
outlined, then a corresponding decision was given. These are the samples of the laws of
Hammurabi’s Code:
Law 22
. If a man has committed robbery and is caught, that man shall be put
to death;
Law 195
. If a son strikes his daughter, his hands shall be hewn off. Hammurabi’s Code
was an early and important step towards establishing the Rule of Law in a society. The Rule of
Law is the belief that it is better to be ruled by laws than to be ruled by leaders who can act any
way they like. For example, dictators often exercise absolute power without following any
guidelines. If the law rules us, leaders cannot use their power as they please. Political leaders,
police, and judges are subject to the same laws as everyone else. By establishing a code of laws,
Hammurabi helped ensure that the actions of authorities were not arbitrary, but rather followed a
set of rules. By making these rules public, everyone could know what they were. The Hammurabi’s
Code significantly influenced the evolution of formal legal frameworks by introducing key
principles of justice. It served as foundation for later laws and established standards that still exist
in the modern law structures. Hammurabi’s Code had a notable influence on the development of
Mosaic Law
. The principles established in Hammurabi’s Code, such as proportional punishment
and specific regulations related to property rights and family matters, can be seen in the later
codification of Hebrew law. The similar application of the
“eye for an eye”
principle serves as a
testament to this influence. Mosaic Law not only adopted these ideas but also expanded them
within a moral and religious context, demonstrating the adaptability of Hammurabi’s principles in
different cultural values. The influence of Hammurabi’s Code is also evident in
Roman law.
The
Romans recognized the importance of codifying laws and creating a systematic legal structure like
Hammurabi’s innovations. Roman law built upon the principles of written law, public
accessibility, and structured legal processes established by Hammurabi, reflecting the impact of
Hammurabi’s Code. For instance, the Roman legal system adopted the idea of clear definitions of
rights and responsibilities, ensuring that laws were publicly known and applied. This principle was
established to create a system of justice that was visible to all citizens, as in the Hammurabi’s
Code. While the specific aspects of Hammurabi’s Code, such as severe punishments and class-
based distinctions, are not directly reflected in the modern law, its
methodological approach
and
structural innovations
are:
Written Legal Codes
: The principle that laws should be written down,
ISSN:
2181-3906
2025
International scientific journal
«MODERN
SCIENCE
АND RESEARCH»
VOLUME 4 / ISSUE 2 / UIF:8.2 / MODERNSCIENCE.UZ
693
easily understood, and accessible to the public. Today, constitutions, criminal laws, and civil laws
across the world continue this tradition;
Presumption of Responsibility:
Hammurabi’s insistence
on the state’s responsibility for maintaining law and order has influenced to the modern
government’s structure. Today’s governments take responsibility for enacting and enforcing laws
to ensure stability and fairness in society;
Justice and Fairness:
While Hammurabi’s Code may
have harsh punishments, the underlying principle of justice—ensuring that actions have
consequences—remains the same in the global legal system.
Hammurabi’s Code was a revolutionary legal document for its time and it played a
significant role throughout history. The influence of Hammurabi’s Code can be seen through
various legal traditions from ancient Mesopotamia laws to ancient Rome laws, which used
concepts of justice derived from Hammurabi’s Code. In conclusion, the great impact of
Hammurabi’s Code underscores its critical role in the evolution of law and its lasting impact on
the development of justice systems across cultures and eras. Its principles remain relevant in
contemporary discussions about the importance of fairness, accountability, and the rule of law in
society.
REFERENCES
1.
Roth, M.T. (1997). Law Collections from Mesopotamia and Asia Minor. Atlanta, GA:
Scholars Press. Find it at your library
2.
Driver, G.R. and Miles, J.C. (1955). The Babylonian Laws: Transliterated Text,
Translation, Philological Notes, Glossary. London: Oxford University Press. Find it at your
library.
3.
Edwards, C. (1904). The Hammurabi Code. Port Washington, NY: Kennikat Press. Find it
at your library.
4.
Sommer, H.O. (1903). The Laws of Hammurabi, King of Babylonia. Records of the Past,
2(3). 66-96.
