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The Dual Nature of the Code of Hammurabi: Punishments and Practicality

Article bay
8 min readMay 7, 2023

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The Code of Hammurabi — one of the oldest long texts and one of the earliest examples of the practical application of talionic law — may seem brutal and cruel to modern times. However, it is important to know that in its time it was considered extremely modern. Rightly so, because some of the legal solutions included in it are still in force today and form the elementary basis of a just system.

Hammurabi — [Photo: Mbmrock, CC BY-SA 4.0, via Wikimedia Commons]

Quite often one can encounter opinions according to which the Code of Hammurabi was the first set of laws in the history of mankind. This is not true, but the fact is that archaeologists have not yet discovered an older inventory that was so comprehensive and extensive. The set of laws, compiled around 1772 BC, dealt not only with constitutional and criminal law, but also with inheritance, marriage, slavery, tenancy and cattle breeding.

What was the Code of Hammurabi?

The Code of Hammurabi was discovered in the early 20th century, when a French archaeological expedition led by Jacques de Morgan conducted work in the ruins of Susa. At the time, scientists found a stele measuring about 225 cm, fragments of basalt stelae and a set of clay tablets, written in cuneiform script. The researchers were convinced that they had discovered a code of laws. The find was…

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