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Thursday, October 20, 2011

Laying Down the Law

When found in 1901, Hammurabi’s code was celebrated as the earliest set of written laws. We now know that the Sumerians are responsible for the first set of written codes or laws. Known as the code of Ur-Nammu, these laws are very interesting to examine. They connect us with the Sumerians by illuminating common societal problems and humanizing an extinct civilization.
The code
Ur-Nammu



1. If a man commits a murder, that man must be killed.

2. If a man commits a robbery, he will be killed.

3. If a man commits a kidnapping, he is to be imprisoned and pay 15 shekels of silver.

4. If a slave marries a slave, and that slave is set free, he does not leave the household.

5. If a slave marries a native (i.e. free) person, he/she is to hand the firstborn son over to his owner.

6. If a man violates the right of another and deflowers the virgin wife of a young man, they shall kill that male.

7. If the wife of a man followed after another man and he slept with her, they shall slay that woman, but that male shall be set free. 

8. If a man proceeded by force, and deflowered the virgin slavewoman of another man, that man must pay five shekels of silver. 

9. If a man divorces his first-time wife, he shall pay her one mina of silver. 

10. If it is a (former) widow whom he divorces, he shall pay her half a mina of silver. 



I have included the first ten of these laws, and yes there are more. They can be found here.

Writing, and especially written law is essential to the order and security of civilizations. Whereas spoken language is flexible and open to interpretation, a written code can be highly specific and allow very little wiggle room (although lawyers may try their best to find some). Laws that are written down and presented to the public cannot be denied; they have increased authority.

            This excerpt from an informative website reveals the advantages of writing in their legal system.
            “Law was an integral part of Sumerian society. Nearly every aspect of civil life was recorded in writing on a tablet. The tablets were used as evidence when a legal dispute arose.”
Not only were there written laws, but records of civil life were used as evidence when solving disputes.
            What’s interesting to me is that the Sumerians utilized writing for their laws, and for these recordings of civil life, and yet according to Professor Stratford none of the argumentation preceding the ruling was recorded. Writing was clumsy and time consuming, and so they likely prioritized what they wrote down.
            (I really enjoyed reading Jared Jones’ blog post on cuneiform (the Sumerian writing system), and his personal experience with cuneiform. While they were obviously not constructing their symbols with Popsicle sticks and glue, the post effectively demonstrates the pros and cons of the system.)
Jared Jones' magnificent Cuneiform creation 
This link is here simply because lawyer jokes are funny.

Marriage was also governed by writing. From the same website above, “The tenants of the marriage were contained in a sealed tablet. The guidelines detailed the process for the marriage and the divorce.” Marriage and family, as basic tenants of society, warranted special attention in the form of written regulations.

For a long time writing was clumsy and restricted to the elites. Once writing expands, we see a proliferation of writing. However, for civilizations such as Mesopotamia, you can almost always bank on the fact that if it was written down, it was highly important to them (The same can not be said for the digital age; anyone can write anything they want and have it be accessible). Laws, as the structure for civilized society, were significantly important to the Sumerians.

I apologize if portions of this are rambling or incoherent, and for the relative brevity of the post. This raging fever and headache is kicking my figurative butt. I'm planning on some extra posting when I feel better. Rock on "In the Know(ledge)" peeps, rock on.

5 comments:

  1. The lawyer jokes were a nice addition :) haha
    I didn't realize that Hammurabi's Code wasn't found until 1901! When we think about how much of these archaeological and cultural discoveries were made in the twentieth century, it blows your mind how much we think people have known for generations but they really haven't.
    I really liked the image you borrowed. It made me think of one question: did the Sumerians' cuneiform not have curves, or did it only come across this way because popsicle sticks don't?

    Also, I think that Hammurabi's Code gives us great insight into the cultural values of the Sumerians. Monetary fines are a more common punishment than imprisonment, showing that the Sumerians really valued money. The fact that robbery (taking property) is punished more severely than kidnapping (taking a person) shows this to an extreme. The multitude of laws about people's fields show that this was important too, largely because this was how farmers- a staple class of society- made money.

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  2. Jared, wow, I am impressed at the insight you made just by reading thee laws. And yes, it is so interesting how we feel like everything from the past was known by all those in the past.

    What I am curious about is what their alphabet looked like and how they structured their sentences, and then what caused them to transition away from this? Were they conquered by another civilization or did they transition to something more practical?

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  3. Ya, same her Brenda, that was an astute observation Jared! I have a little bit of follow up I am going to post shortly about how some of my thoughts related in the post above changed during our class session today.

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  4. Sheesh, those laws are pretty dang sexist.

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  5. Building on Brenda's comment, I wonder how much was known by those in the past. . .? Are there any records of personal histories from these civilizations from the common man? Most likely not, because the common man couldn't read and write.. and would a scribe spend his time interviewing and recording the life of the average citizen? I doubt it. Isn't it amazing how literacy has spread in our day so we can gain knowledge through reading the written word recorded by people in all levels and areas of society!

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