Law and the Family in Ancient Mesopotamia

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Law and the Family in Ancient Mesopotamia

• The Code of Hammurabi, 1800 BCE

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Thinking in Space The Origins of Western
Civilization in Ancient Mesopotamia
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Thinking in Time A Timeline
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Timeline
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Timeline
Prehistory
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Timeline
Ancient Civilization
Code of Hammurabi
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Hammurabi Stele
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Code of Hammurabi

• Law of Babylonian Empire
• Promulgated by Hammurabi in 1800 BCE
• 282 Laws, a Prologue and Epilogue
• The bas relief shows the sun god giving Hammurabi
  a staff and a ring symbolizing his authority to
  enforce the law.

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Laws on Family, Sexual and Property Relations

• Marriage and family 129, 134-142, 142, 168-69.
• Assault 195-212
• Consumer Protection 215-18, 229-33.
• Debt Slavery117.

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You can assume.

• That if the situation is described it exists in
  some sense.
• That if a law is passed, it points to a problem
  in the society. There is no need for laws
  punishing theft if no one steals.
• That the law and the creation stories aim to be
  comprehensive answers to questions for people in
  society.

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Social Organization in Ancient Society

• Nobility or elite Wealthy, Learned or Powerful
  (militarily, economically, etc.)
• Commoner (free) Ordinary people with resources
  land or a trade.
• Slave Individual owned by someone else (but
  not necessarily a permanent status).

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How does one become a slave?

• Capture in war
• Punishment for a crime
• Sale by family
• Self sale for debt or debt bondage
• A descendant of a slave

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Characteristics of a Slaves Situation

• Owes labor to master, generally for life
• Alienated from claims of birth
• No property rights, lineage, or inheritance
  rights
• No civil rights
• ? Religious rights?
• No political rights

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Propositions on Family Organization

• Wealthier households are larger than poorer
  households
• Men may have more than one wife wives are ranked
  according to first wife, second wife, and so
  forth. Most men cannot afford a second wife.
• Wives may have only one husband and must be
  faithful to him.

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Propositions, cont.

• Rules of divorce and remarriage vary.
• Men generally remarry if spouse dies or is
  infertile
• Terms of widowhood and remarriage vary.
• Women are classed through their relationships
  to men as wives, legitimate daughters,
  concubines, or slaves.
• Household members are responsible (and liable)
  for the actions of other members.

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Propositions about Legal Relationships

• Law is logical and coherent, characterized by
  generalized rules of behavior.
• The state promulgates and enforces the law.
• Ancient law does not display a strong distinction
  between civil and criminal violations.
• Violations against more powerful people are
  punished more severely than those against less
  powerful people.

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Propositions, cont.

• The punishment for the crime must fit the crime
  lex talionis
• Institutions of enforcement are weak compared
  with modern legal systems.

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Terms

• Lex Talionis an eye for an eye legal system
• Concubine a second wife
• Dowry the resources the brides family gives to
  the grooms family
• Brideprice the resources the grooms family
  gives to the brides family
• Levirate practice of a widow marrying her
  deceased husbands brother (e.g., her
  brother-in-law)

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Terms, cont.

• Polygamy practice of men having more than one
  wife
• Monogamy practice of men having one wife
• Homogamy practice of marrying within ones
  social group
• Exogamy practice of marrying non kin
• Endogamy practice of marrying kin
• Incest practice of marrying or having sexual
  relations with a close relative

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Refresher The Concept of Family

• Simplest meaning 2 or more persons related by
  blood, marriage or adoption
• Other aspects
• lineage, kindred or tribe a family reunion
• coresidential primary descent group
• all household members (including employees.
  servants or slaves)

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Refresher Concept of a Household

• One or more persons living in a housing unit
  that constitutes a separate living quarters