# Hammurabi's Code **URL:** \ **Category:** Great Debates\ **Created:** [March 18, 2002, 11:41pm UTC](https://boards.straightdope.com/t/hammurabis-code/98954 "2002-03-18T23:41:23Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![Karallen](https://avatars.discourse-cdn.com/v4/letter/k/ea666f/32.png) [@Karallen](https://boards.straightdope.com/u/Karallen)\ **Post date:** [March 18, 2002, 11:41pm UTC](https://boards.straightdope.com/t/hammurabis-code/98954/1 "2002-03-18T23:41:23Z")
What if the laws stated in The Code of Hammurabi were suddenly put into effect? How would society change? ---
**Author:** ![Odesio](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/odesio/32/20003_2.png) [@Odesio](https://boards.straightdope.com/u/Odesio)\ **Post date:** [March 18, 2002, 11:54pm UTC](https://boards.straightdope.com/t/hammurabis-code/98954/2 "2002-03-18T23:54:18Z")
> [@](#): > > \*Originally posted by Karallen \* > \*\*What if the laws stated in The Code of Hammurabi were suddenly put into effect? How would society change? \*\* The concept of equal protection under the law wouldn’t exist. Marc ---
**Author:** ![zev\_steinhardt](https://avatars.discourse-cdn.com/v4/letter/z/97f17d/32.png) [@zev\_steinhardt](https://boards.straightdope.com/u/zev_steinhardt)\ **Post date:** [March 18, 2002, 11:58pm UTC](https://boards.straightdope.com/t/hammurabis-code/98954/3 "2002-03-18T23:58:36Z")
Just for reference: [Code of Hamurabbi](http://eawc.evansville.edu/anthology/hammurabi.htm) Zev Steinhardt ---
**Author:** ![jimmmy](https://avatars.discourse-cdn.com/v4/letter/j/73ab20/32.png) [@jimmmy](https://boards.straightdope.com/u/jimmmy)\ **Post date:** [March 19, 2002, 12:08am UTC](https://boards.straightdope.com/t/hammurabis-code/98954/4 "2002-03-19T00:08:54Z")
**Here is how robbery would be treated:** XII If any one is committing a robbery and is caught, then he shall be put to death. XIII If the robber is not caught, then shall he who was robbed claim under oath the amount of his loss; then shall the community, on whose ground and territory and in whose domain it was, shall compensate him for the goods stolen. \*\* … and Dr. Mudd would have been screwed in Mesopotamia too\*\* If conspirators meet in the house of a tavern-keeper, and these conspirators are not captured and delivered to the court, the tavern-keeper shall be put to death. ---
**Author:** ![UncleBeer](https://avatars.discourse-cdn.com/v4/letter/u/977dab/32.png) [@UncleBeer](https://boards.straightdope.com/u/UncleBeer)\ **Post date:** [March 19, 2002, 12:09am UTC](https://boards.straightdope.com/t/hammurabis-code/98954/5 "2002-03-19T00:09:02Z")
Well, certain provisions of the code are pretty harsh by today’s standards. Even when we consider a large number of the United States allow for capital punishment. [http://www.yale.edu/lawweb/avalon/medieval/hamframe.htm](http://www.yale.edu/lawweb/avalon/medieval/hamframe.htm) Here’s just a couple: 1. If a “sister of a god” open a tavern, or enter a tavern to drink, then shall this woman be burned to death. 2. If fire break out in a house, and some one who comes to put it out cast his eye upon the property of the owner of the house, and take the property of the master of the house, he shall be thrown into that self-same fire. 3. If any one lose an article, and find it in the possession of another: if the person in whose possession the thing is found say “A merchant sold it to me, I paid for it before witnesses,” and if the owner of the thing say, “I will bring witnesses who know my property,” then shall the purchaser bring the merchant who sold it to him, and the witnesses before whom he bought it, and the owner shall bring witnesses who can identify his property. The judge shall examine their testimony–both of the witnesses before whom the price was paid, and of the witnesses who identify the lost article on oath. The merchant is then proved to be a thief and shall be put to death. The owner of the lost article receives his property, and he who bought it receives the money he paid from the estate of the merchant. 4. If the purchaser does not bring the merchant and the witnesses before whom he bought the article, but its owner bring witnesses who identify it, then the buyer is the thief and shall be put to death, and the owner receives the lost article. 5. If the owner do not bring witnesses to identify the lost article, he is an evil-doer, he has traduced, and shall be put to death. Some of it is just kinda silly: 1. If any one bring an accusation against a man, and the accused go to the river and leap into the river, if he sink in the river his accuser shall take possession of his house. But if the river prove that the accused is not guilty, and he escape unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser. 2. If the robber is not caught, then shall he who was robbed claim under oath the amount of his loss; then shall the community, and . . . on whose ground and territory and in whose domain it was compensate him for the goods stolen. 3. If a chieftain or a man leave his house, garden, and field and hires it out, and some one else takes possession of his house, garden, and field and uses it for three years: if the first owner return and claims his house, garden, and field, it shall not be given to him, but he who has taken possession of it and used it shall continue to use it. ---
**Author:** ![Truth\_Seeker](https://avatars.discourse-cdn.com/v4/letter/t/5fc32e/32.png) [@Truth\_Seeker](https://boards.straightdope.com/u/Truth_Seeker)\ **Post date:** [March 19, 2002, 4:31am UTC](https://boards.straightdope.com/t/hammurabis-code/98954/6 "2002-03-19T04:31:03Z")
1. If the robber is not caught, then shall he who was robbed claim under oath the amount of his loss; then shall the community, and . . . on whose ground and territory and in whose domain it was compensate him for the goods stolen. [California Board of Claims for Crime Victims](http://www.boc.ca.gov/) 1. If a chieftain or a man leave his house, garden, and field and hires it out, and some one else takes possession of his house, garden, and field and uses it for three years: if the first owner return and claims his house, garden, and field, it shall not be given to him, but he who has taken possession of it and used it shall continue to use it. [Adverse Possession](http://www.instanet.com/~hgerrity/ap.html) > [@](#): > > The "‘underlying philosophy [for the doctrine of adverse possession] is basically that land use has historically been favored over disuse, and therefore he who uses land is preferred in the law to he who does not, even though the latter is the rightful owner.’ The river thing does seem a bit out there. However, “trial by water” was used in Europe in witch trials up into the middle ages. Trial by “X” (water, fire, combat, etc.) was used to decide legal cases in the early middle ages as well. So maybe things wouldn’t change that much after all! ---
**Author:** ![bare](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bare/32/471_2.png) [@bare](https://boards.straightdope.com/u/bare)\ **Post date:** [March 19, 2002, 4:31am UTC](https://boards.straightdope.com/t/hammurabis-code/98954/7 "2002-03-19T04:31:48Z")
> [@](#): > > \*Originally posted by Karallen \* > \*\*What if the laws stated in The Code of Hammurabi were suddenly put into effect? How would society change? \*\* 1. If any one bring an accusation against a man, and the accused go to the river and leap into the river, if he sink in the river his accuser shall take possession of his house. But if the river prove that the accused is not guilty, and he escape unhurt, then he who had brought the accusation shall be put to death, while he who leaped into the river shall take possession of the house that had belonged to his accuser. I suspect a lot more folks would be taking swimming lessons. ---
**Author:** ![Captain\_Amazing](https://avatars.discourse-cdn.com/v4/letter/c/6de8d8/32.png) [@Captain\_Amazing](https://boards.straightdope.com/u/Captain_Amazing)\ **Post date:** [March 19, 2002, 6:00am UTC](https://boards.straightdope.com/t/hammurabis-code/98954/8 "2002-03-19T06:00:32Z")
Judges would be a lot more careful about making reversable decisions: > [@](#): > > 1. If a judge try a case, reach a decision, and present his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge’s bench, and never again shall he sit there to render judgement. ---
**Author:** ![Karallen](https://avatars.discourse-cdn.com/v4/letter/k/ea666f/32.png) [@Karallen](https://boards.straightdope.com/u/Karallen)\ **Post date:** [March 19, 2002, 8:41pm UTC](https://boards.straightdope.com/t/hammurabis-code/98954/9 "2002-03-19T20:41:31Z")
> [@](#): > > \*Originally posted by Captain Amazing \* > \*\*Judges would be a lot more careful about making reversable decisions: > > \*\* That’s true. Imagine _Judge Judy_ with those laws! ---
**Author:** ![Erofeev](https://avatars.discourse-cdn.com/v4/letter/e/a88e57/32.png) [@Erofeev](https://boards.straightdope.com/u/Erofeev)\ **Post date:** [March 19, 2002, 11:26pm UTC](https://boards.straightdope.com/t/hammurabis-code/98954/10 "2002-03-19T23:26:23Z")
One major difference would of course be that we’d suddenly have highlights from the Code of Hammurabi posted in our schools and courthouses.