Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-04-25
The Laws of Hammurabi.

it is easy to look in the dictionary of
names and find that he was an early
king of Babylonia who did great things
in peace and war. 1t is not strange
that the world has forgotten him in
spite of his valorous deeds and wise
ruling, for he has peacefully slumbered
in his unknown tomb for 40 or more
centuries. but just now his name is
again quite prominently before the
public. An expedition of scientists
from Germany. digging, both figura-
lively and literally, into the past, have
unearthed tablets which contain the
code of Babylonian laws in the time of
Hammurabi. and the deciphering of
these tablets has aroused much interest
among students Of history and the
disciples of the law.
We have received a copy of the
March issue of Records of the Past,
magazine whose scope is indicated by
it's name. The pages of this issue are
wholly given over ito the story of these
ancient tablets and the translation of
the 2So articles which embody the laws
by which Hammurabi ruled Asia
Minor. 1000 years ago. 1t is the oldest
collection of public laws that has yet
been discovered, and it is not only a
reflection of the social conditions of
that age, but in this code the jurist of
today will quickly recognize the funda-
mental principles on which the laws of
our own time are based.
When Hammurabi reigned in the 23d
century before Christ, Babylonian
civilization was already old but, as
these laws show, it retained many
features of primitive organization.
Egyptian civilization was already old
at that period, but we have no con-
temporary record of Egyptian law. The
laws of Mana and other early Hindu
| law books no doubt preserved tradi-
lions of great antiquity, but they were
not written down till comparatively
| late period, and in their present form
are. perhaps, 1000 years later than
Hammurabis code. Similarly, there
are very ancient elements in the Zend
Avesta. in Chinese law, and in the
Hebrew Book of the Covenant eek,
XXX, xxiii) But in all these cases the
| date of actual writing is comparatively
of distinguishing the primitive ele-
| ment from the modern accretions. AS
| a complete code, unaltered except for
| the obliteration of a small portion, it is
fairly safe to say that the laws of
Hammurabi are the earliest monument
of human legislation that we possess
by more than 1000 years. The only
document comparable to it in date and
character is the famous Negative
| Confession" in the Egyptian Book OF
the Dead. Fate has preserved to us
the Egyptian code of ethics and the
| 10dDylOllidH tOQS VI law
Perhaps the most striking feature in
| this, the earliest of existing codes, is
it's essential similarity to the laws OF
other peoples and other periods at a
like stage of civilization. Parallels to
the code of Hammurabi could readily
be found in China, in ancient Rome, in
the early middle ages of Europe, in
many negro kingdoms of today, and
there could hardly be a more striking
| ILLUSTRATION of the oneness of humanity
| throughout the ages. 1t is the law OF
q patriarcnal society, in which a strong
central power has partially broken up
the family system, suspended or modi-
fed the right of private vengeance,
and introduced a feudal tenure of land
on the basis of military service. The
oath and the ordeal are the chief meth
DDS of judicial procedure, and the
principle of vicarious punishment is
applied in an extreme form. Marriage
appears not so much as the sheer pur-
chase of wife, but still as a pecuniary
transaction based on an exchange OF
gifts.
The middle ages of Europe knew
many forms of ordeal. In Ham
murahi's time they seem only to have
used the ordeal by water. The second
law of this code will illustrate its en-
ployment. IF anyone brings an ac-
cusation against another, and the ac-
cused goes to the river. leaps into the
river: then if the river seiZes him the
accuser shall take his house into his
possession. But if the river proves
him innocent and he remains uninjuret
he who brought the accusation shall bt
put to death, and he who leapt intt
she river shall take his accuser's
house" Evidently, if one had ar
enemy in ancient Babylon the bes
thing to do was to learn to swim. Ir
idea the ordeal is clearly the same as
shat of swimming a witch" which
l,etod On IL, E,,,ropa almost TO orr own