In
the ancient world, in which people lived close to one another,
conflicts and disagreements were unavoidable. To prevent chaos, a set
of law must be introduced and abided. “Hammurabi's Code: Laws on
Society and Family Life” and “Book of Exodus: Moses Leads the
Hebrews from Egypt”, the two documents that appear in the book,
“Source of world society” by author Walter D. Ward, provide a
clear insight of the similarities and the differences of the law and
punishments in the Babylonian civilization and Hebrew civilization.
The two civilizations are similar in terms of the purpose of the law,
and they differ in terms of their commandment and class structures.
It
can be seen in both documents that the main function of the law in
Hebrew and Babylon is to protect the rights of the individual. For
example, in the Book of Exodus, people were forbidden from and would
be heavily punished for killing, cheating, stealing, or lying to
ones’ neighbor (39). Moreover, they encouraged morality and ethic
among one another, especially to the parents. In the Book of Exodus,
it is clearly stated that “Whoever strikes his father or his
mother shall be put to death” (40). Similarly in the Hammurabi’s
code, “If a son has struck his father, they shall cut off his hand”
(26). Additionally, the concept of an eye for an eye can be seen in
both civilizations.
According to the Hammurabi's code, “if he has destroyed the eye of a member of the aristocracy, they shall destroy his eye” (27). This also applies to their slaves. As can be seen in the Book of Exodus, if a man has destroyed the eye or tooth of his slave, the slave shall be released for the sake of the eye or tooth (40). Overall, it may seem that the laws in both civilizations are strict and harsh, but they prevent people from causing any sort of harm to other people, no matter what class or gender.
According to the Hammurabi's code, “if he has destroyed the eye of a member of the aristocracy, they shall destroy his eye” (27). This also applies to their slaves. As can be seen in the Book of Exodus, if a man has destroyed the eye or tooth of his slave, the slave shall be released for the sake of the eye or tooth (40). Overall, it may seem that the laws in both civilizations are strict and harsh, but they prevent people from causing any sort of harm to other people, no matter what class or gender.
Looking
closely at both laws, there are some major differences in terms of
their commandments. Hammurabi's code, which was written by King
Hammurabi himself, mostly deals with issues within families and
marriage as well as criminal and civil law. For instance, “If the
wife of a seignior has been caught while lying with another man, they
shall bind them and throw them into the water…”(24). It also
distinguishes between the different social classes and gender of the
Babylonian society. For example, if a seignior has knocked out a
tooth of another seignior, his tooth will also be knocked out as his
punishment. However, if he did the same thing to a commoner’s
tooth, he only had to pay one-third mina of silver (27). Apparently,
the social system of this civilization did not treat all the
Babylonians equally.
The
Hebrews, on the other hand, did not differentiate between class
structure and were much less biased. For example, a person had to be
responsible for his ox even if it had killed a man or a woman, a
man’s son or daughter, a male or female slave (40). Additionally,
considering the fact that Hebrew law was given to Moses directly from
God, it rather includes religious commandments. For instance, the
Book of Exodus mentions Sabbath day, a day when everyone is not
obliged to work because that day is blessed by the Lord. It also
specifically prohibits people from praying to other gods (38). This
may explain that if the Hebrews worshiped the god and lived up to a
high moral standard, he would protect them all from their enemies.
In
conclusion, for a law to be effective in the ancient civilization,
the civilians needed to have very good reasons to obey. This is why
the Hammurabi's code and the Book of Exodus had to have law that were
both harsh and extreme and, at the same time, relevant to the people.
It is also interesting to note that for two civilizations that were
close to each other, the contents of their laws were slightly
different. This was because the law also had to fit in the society at
that period of time as one included law to support their religion and
the other focused on how different people should be treated.
Works cited
Ward,
Walter D., and Denis Gainty. Sources
of World Societies.
Vol. 1: To 1600. 2nd ed. Boston: Bedford/St.Martins's, 2012. Print.
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