An Analysis of the Code of the Assura and the Code of Hammurabi as Examples of Early Law

Government is an important part of any culture and society. It is a guideline to live by so that society does not dissolve into chaos. But it does not always work as well as it should, and almost always benefits people with more power. According to many historical records, most societies were ruled by monarchs of some kind. One of the earliest records of law is the Code of Hammurabi (Kagan, pg. 10). Each law written in this code varied for gender and social class, and is considered to be one of the first laws to establish a minimum wage for workers (Andrews).

The Code of the Assura is also an example of early law, and it contains many laws regarding women (Arkenburg). Every ancient law and code eventually became the basis for some of our laws today.

There were laws that applied to men only, and laws that applied to women only, as well as laws for each social class. The severity of punishments for criminals in Hammurabi's Code depended on the social status of both the lawbreaker and the victim. One law commanded "If a man knock out the teeth of his equal, this teeth shall be knocked out" while the same crime committed against a member of a lower class was only punished with a fine. A man could have multiple extramarital relationships, but a woman would be tied up and thrown into the Euphrates (Andrews). Marriage was usually arranged, and a betrothal was followed by a marriage contract being signed. The bride would join her husband's family. A bride-price was paid by the groom-to-be, and the father of the bride-to-be would provide a dowry; a dowry could be in land, objects, or money. Marriage would start out monogamous, but if the wife was barren or sickly, the man would take a second wife, as well as have children by slaves (Kagan, pg. 12).

There were many laws that weren't very beneficial to women, such as "If a woman bring her hand against a man, they shall prosecute her; 30 manas of lead shall she pay, 20 blows shall they inflict on her," as well as:

If a woman in a quarrel injure the testicle of a man, one of her fingers they shall cut off. And if a physical bind it up and the other testicle which is beside it be infected thereby, or take harm; or in a quarrel she injure the other testicle, they shall destroy both of her eyes.

But there were also laws that protected women, such as:

If the wife of a man be walking on the highway, and a man seizes her, saying to her "I will surely have intercourse with you," if she is not willing and defends herself, and he seizes her by force and rapes her, whether they catch him upon the wife of a man, or whether at the word of the woman whom he has raped, the elders shall prosecute him, they shall put him to death. There is no punishment for the woman. (Arkenburg)

According to Hammurabi's code, women could own property and do business on their own. Women who were divorced by their husbands without cause were given their dowry back, or if she wanted to divorce her husband and he was unable to prove any wrongdoing. Single women who were not a part of any family were allowed to set up a business on their own; many single women owned taverns or were moneylenders, and many were temple workers, midwives, or wet nurses. (Kagan, pg. 12) Women in Egypt were given a higher social status and often owned property, divorced their husbands, and could control land. (pg. 20)

Children were not protected well under these laws. A son could be disinherited by his father with no restrictions, although a judge must give consent. If a son "denied" his father, the front of his hair would be shaved, branded as a slave, and sold; if he "denied" his mother, the front of his hair would be shaved and he would be kicked out of his family's home. (Johns)

In conclusion, ancient law was rarely fair for people of lower class or for women and children. Even though women in Egypt were given a higher social status, they were traditionally not allowed to have a position of power. Most women in the ancient world were not protected under these laws. Both the code of the Assura and Hammurabi's Code are laws that primarily benefit male nobles. Some laws would benefit the commoners, but the laws were stricter, and the punishments often did not fit the crime. There are many similarities with ancient law and modern law, such as the fact that often times the punishment does not fit the crime and that people in power are usually not punished as strictly as commoners, or not at all; the majority of people in power are men. Government and law are important parts of any culture or society, but it does not always benefit the majority of the people.

Works Cited

• Kagan, Donald, Steven Ozment, and Frank M. Turner. The Western Heritage: Teaching and Learning Classroom Edition, Combined Volume, 6th Edition. Pearson Learning Solutions, 2009. VitalBook file.
• Andrews, E. 8 Things You May Not Know About Hammurabi's Code. History Lists. http://www.history.com/news/history-lists/8-things-you-may-not-know-about-hammurabis-code accessed 2/23/15
• Arkenburg, J.S. Ancient History Sourcebook: The Code of the Assura, c. 1075 BCE. Dept. of History, Cal.State Fullerton. http://legacy.fordham.edu/halsall/ancient/1075assyriancode.asp accessed 2/23/15

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