Buy research paper on The Code of Hammurabi

Total monument consists of 282 articles. Its foundation was laid the old customary law, Schumer Statute Book, the new legislation. The laws are incomplete and very categorical. Texts are composed mainly in casuistic form. The Code does not contain general principles; there is no system in the presentation, although there is certain logic. The Code of Hammurabi, unlike other eastern codifications do not contain religious and moral element.
With the help of these laws, Hammurabi was trying to consolidate the social system of the State, the dominant forces of which were to be small and medium slaveholders. This is the first known collection of laws covered the slave system and private property. The laws contain remnants of the tribal system; it is manifested in the severity of punishment, maintaining the principle of Talion. During the reign of Hammurabi, the private ownership has reached full development. In Babylon there were different types of land ownership: the land was royal, temple, community, private. The king ruled the temple and the king’s land; it was a major source of income. The king’s land was given in the land use to the sharecroppers. The value of the royal household was great in the field of trade and exchange. The development of private land ownership was contributed by the extension of network channels. Private land ownership was different in scope; large landowners used slave labor and wage workers; small cultivated their land themselves. The development of private land ownership led to a reduction of communal land, the decline of the community. Land could easily be sold, rented, inherited; there were no any limitations. There was a special legal regime in respect of property of Warriors (ilku property). The Code of Hammurapi has a number of articles governing the rental of land, which probably, played a major role in land relations of that time. The fee for a leased field was usually equal to one third of the crop. At lease for half of the crop conditions, the landlord obligated to participate in the cost or the work of processing field. Garden, which gave more profit, was given for two-thirds of the crop. The rent was short-term (1 or 2 years);

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only surrendered land was given for longer-term lease. The law which defined the relationship between the land owner and the tenant, contributed to the development of the economy. If the tenant did not cultivate the land, he had to pay the owner of the field according to the amount of crop grown by neighbors. In addition to rent of a field and a garden, the code of Hammurabi mentions the different types of tenancy: the premises, pets, boats, chariots, slaves. The Code established not only the fee for the things rent, but also responsibility in case of loss or damage of rented equipment (Alberge 2003).
Circulated rent was very popular that time. In addition to agricultural workers, physicians, veterinarians, builders could be employed. The Code determined the order of remuneration for these people, as well as responsibility for the results of work (for example, a doctor in case see patient’s death). The Code of Hammurabi regulated the loan contract in details. A characteristic feature of the code of Hammurabi is the desire to protect the debtor from the creditor and to prevent debt bondage. This is evidenced by provisions restricting mining term debt (3 years), the interest charged by the moneylender, both with money and with the natural loan, lender liability in the case of debtor’s death as a result of ill-treatment. In terms of private property as movable and immovable property, a contract of sale has become very popular. The sale of valuable things (land, buildings, slaves, cattle) was performed in writing (on clay tablets) with witnesses. Sellers could only be the owner of the thing. Sale of property seized from trafficking (property ilku) was void. In addition to already mentioned laws, the Code of Hammurabi explains treaties storage agreement, partnership, exchange, assignment. The Hammurabi`s Code tells about the liabilities of the injury also. Responsible is the one who causes the death of a slave (the owner should give to a slave for a slave). The mariner, who sank the ship with the property, must reimburse the cost of all drown (Johns 1904).
The marriage was valid only after the written agreement was concluded between the future husband and father of the bride. Family relations were based on the husband primacy. The wife was punished for infidelity. If she was barren, her husband could have a side wife. However, married women were not powerless. She could have her own property, reserved the right to a dowry, was able to divorce, and could inherit from her husband together with the children. The fairly strong authority of the father to the children was manifested in the possibility of selling children, to give them as hostages for debts: for the blasphemy on the parents the child could get a tongue cut out. Nevertheless, the law limits this power. So, the father had no right to disinherit his son who has committed no crime. The Code of Hammurabi recognizes the adoption of children. The inheritance by will had the power, but with certain limitations. The preferential mode of inheritance was by law. The heirs could be: children, including adopted children, grandchildren, children of the slave-concubines, if the father acknowledged them (Lawrence 1922).
The same as other ancient codification, the Code of Hammurabi do not give a general notion of crime and a list of all those acts which are deemed criminal. Nothing is said in the Code about the state and religious crimes, which are always punishable by death.