INCITE
Incite -- (v) 1: give an incentive; 2: provoke or stir up; "incite a riot"; 3: urge on; cause to act
Saturday, March 05, 2005

 
Speaking of the Code of Hammurabi
Written by: Beck

I googled the Code of Hammurabi for a throw-away link in this post. While glancing through the code, I couldn't help come across a number of ideas which could radically improve the American judicial system.

Hammurabi's Code--the first codified laws in history--ran to 282 laws. Were we to revive law #3, I'm thinking it could go a long way to reducing the number of frivolous lawsuits.
3. If any one bring an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death.
And false convictions would likely go down significantly were we to revive law #5.
5. If a judge try a case, reach a decision, and present his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge's bench, and never again shall he sit there to render judgment.
The Code of Hammurabi would also go along way towards reducing prison overcrowding. This is mostly because much of the Code isn't really eye-for-an-eye, but rather, death-for-whatever.
6. If any one steal the property of a temple or of the court, he shall be put to death, and also the one who receives the stolen thing from him shall be put to death.

7. If any one buy from the son or the slave of another man, without witnesses or a contract, silver or gold, a male or female slave, an ox or a sheep, an ass or anything, or if he take it in charge, he is considered a thief and shall be put to death.

10. If the purchaser does not bring the merchant and the witnesses before whom he bought the article, but its owner bring witnesses who identify it, then the buyer is the thief and shall be put to death, and the owner receives the lost article.

11. If the owner do not bring witnesses to identify the lost article, he is an evil-doer, he has traduced, and shall be put to death.
Now I just need to find out what exactly qualifies one as a "sister of a god." Regardless, the penalty...
110. If a "sister of a god" open a tavern, or enter a tavern to drink, then shall this woman be burned to death.
I've got a hunch this would go ill with most bloggers:
127. If any one "point the finger" (slander) at a sister of a god or the wife of any one, and can not prove it, this man shall be taken before the judges and his brow shall be marked. (by cutting the skin, or perhaps hair.)
The Babylonians evidently had a strong sense of family values:
142. If a woman quarrel with her husband, and say: "You are not congenial to me," the reasons for her prejudice must be presented. If she is guiltless, and there is no fault on her part, but he leaves and neglects her, then no guilt attaches to this woman, she shall take her dowry and go back to her father's house.

143. If she is not innocent, but leaves her husband, and ruins her house, neglecting her husband, this woman shall be cast into the water.
Of course, you have to include the famous eye-for-an-eye, tooth-for-a-tooth laws.
196. If a man put out the eye of another man, his eye shall be put out.

197. If he break another man's bone, his bone shall be broken.

200. If a man knock out the teeth of his equal, his teeth shall be knocked out.
Finally, my favorite of the laws is also the first of them. And it's completely inexplicable. Still, I bet you can guess the penalty for breaking it.
1. If any one ensnare another, putting a ban upon him, but he can not prove it, then he that ensnared him shall be put to death.
Cross Posted (with some corrections) to the Blogger News Network


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