Is Hammurabi’s Code Fair or Unfair: Opinion Essay

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Hammurabi’s code of laws was the law of the land of ancient Babylon. The laws state the rules for the members of the community to go by. It had been created to keep order within the community; this implies that the members were controlled to a high customary of ethics. Hammurabi wrote this code himself that he looked up to and attained power. The general theme of the code is the concept of karma. As long as others treat one another however they want to be treated, society can perform in an exceedingly peaceful way.

In the code, the class was split into 3 different groups: the amelu, the mushkenu, and the ardu. The amelu category consisted of elite individuals with full civil rights, whose births, marriages, and deaths were recorded. Though the amelu category had many different privileges, that just meant they had harsher consequences and higher fines. This category included judges, elders, chieftains, and priestesses. The mushkenu category was a category that consisted of free men who may have been without land. He was seen to just accept financial compensation, pay smaller fines, and live in an exceedingly separate section within the town. The last category is the ardu category; this class consisted of slaves whose masters purchased their upkeep and took their compensation. The ardu individuals were seen and treated as property to the community. Having this method of various categories was organized and economical for the community. Hammurabi failed to notice everybody in every category was equal, however, he treated them fairly and with the rights they deserved. The social system was necessary to the community because the laws were set and changed by the category a person was in. These laws were a result of people who were more important to society and gave more deserved larger rewards than people who hadn’t done anything.

In the code, it states the social status and rights that go to women. The rights that were given to women were the right to divorce and the right to purchase and market property. On the other hand, women were restricted heavily by the code. The male figure in a woman’s life had to arrange her marriage. A negotiated contract was created that determined the value of the bride. Women typically lived at home throughout the time the contract was signed. There were also strict rules concerning children. If a woman can’t conceive a baby, the husband may have a second wife to have a child. In addition, the code states that if a woman was accused of having an affair but wasn’t caught sleeping with the man, the woman would have to jump into a river. The Babylonians believed that a guilty person who jumped into a river would drown, however, an innocent person would make it back to the shore.

The system of justice is based on retribution; an eye for an eye, and danger for each accuser and accused. The law isn’t equal for all, but the punishment for certain crimes is connected to the class and gender of the victim. For someone who is obviously referring to Hammurabi’s reality, this type of system may have been seen as just and fair as a result it speaks to the standard law in the district and the social realities of an unequal community. However, in Hammurabi’s code women, slaves, and non-elites, would see this system as oppressive.

As a 21st-century observer, I can assess Hammurabi’s code as follows: a number of its components might be seen as unfair and unequal. The lack of equality for all plaintiffs is beneath the law of the land. The reliance on strictly corporal and fine-based punishments barring the choice of confinement. The possible jeopardy that a plaintiff may want to find himself or herself in if they fail to indicate a charge and the harshness of punishments for some laws. The code was too harsh for individuals in that society, so it cannot be considered fair.

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