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Ancient Laws and the Code of Hammurabi

 

The code sought out the most literal punishment for unjust actions. Punishments were given depending on the social status of the victim and the attacker (Brians). While every man was not considered equal under the law, every man would serve a punishment for an unjustes even if it was to a lesser person. For example, "If a man knock out the teeth of his equal, his teeth shall be knocked out," but, "if he knock out the teeth of a [commoner], he shall pay one-third of a [silver] mina." The punishment for harming a lesser was not as severe as the punishment for harming an equal, but there was still a punishment, nonetheless. Hopefully, this at least dis-incentivized the upper and middle classes from walking all over the lower class. While the integration of class was a giant forward progression that was born with Hammurabi's code, the cruel and inhumane punishments still resemble a very strict society.
             After studying the Code of Hammurabi, the Roman patricians (nobleman) were able to produce their first attempt at written law, The Twelve Tables. The Twelve Tables were requested by the plebeians (commoners) so that they could have actual representation. The Twelve Tables were written to settle the ongoing conflict between the plebeians and the patricians; however the plebeians were not equally represented (Carriedo 85). The Twelve Tables drew a line in the sand that separated the two classes. This was the first legal document to outlaw the marriage of a patrician and plebeian. Table eleven reads, Marriages should not take place between plebeians and patricians" (Halsall). The tables also address subjects including property rights, hearings, and contracts, unlike the Code of Hammurabi. Like the Code of Hammurabi, The Twelve Tables sought to close the gap between the divided classes. .
             Unlike the Code of Hammurabi, there was no eye for an eye type of punishment. For a criminal to be put to death for whatever crime, they must first undergo a trial and conviction.


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