Ancient Mesopotamian civilizations are considered the geography where the oldest written legal systems in human history originated. In this context, the Babylonian civilization and especially the laws established by King Hammurabi, who ruled in the 18th century BCE, represent a significant turning point in the development of legal history. The Hammurabi Laws not only maintained social order in Mesopotamia but also served as a strong example of the permanence and universality of written law.

These laws contain detailed provisions reflecting the social, economic, and cultural structure of the period and are based on the belief that justice derives from a divine source. The fact that the laws were inscribed in cuneiform on a stele aimed to increase the visibility of law in the public sphere and its binding authority among the people. Considered the most systematic expression of Babylonian law, these texts also illuminate the social functioning of the era by regulating class distinctions, property relations, family structure, and criminal law in detail.

^{Babylonian Law and the Code of Hammurabi (Image Generated by Artificial Intelligence)}

The Formation Process of Hammurabi and His Laws

Hammurabi, who ruled as the sixth king of Babylon between 1792 and 1750 BCE, was an important leader who succeeded in establishing a central authority in Mesopotamia. During his reign, the Babylonian Kingdom became a great power politically, militarily, and economically, exerting influence over the Sumerian, Akkadian, and Assyrian regions. Hammurabi used law as a unifying tool to hold together different communities within this vast territory.

The Hammurabi Laws were written based on the understanding that the king represented a divine will and received the duty to establish justice from gods such as Enlil and Marduk. This understanding, in accordance with the theocratic monarchical structure of the period, implies that law is the earthly manifestation of an order originating from a divine source. The laws were inscribed in cuneiform on a black diorite stone approximately 2.80 meters high. On the upper part of this style, there is a relief depicting the sun god Shamash presenting the laws to Hammurabi. This iconography symbolizes that law derives from a divine order and that the king is the earthly representative of this order.

The purpose of creating the Hammurabi Laws was to ensure justice, prevent the strong from oppressing the weak, and maintain order and stability in society. The principle of "protecting the weak against the strong" is especially emphasized in the preamble of the laws. This situation is related to Hammurabi adopting the identity not only as a ruler but also as a “king of justice” who cares for the welfare of the people.

The Content and Systematics of the Hammurabi Laws

The Hammurabi Laws constitute a comprehensive legal compilation consisting of a total of 282 articles. Rather than a systematic codification approach, the laws were presented in a casuistic (case-based) arrangement mostly based on specific incidents. Each article specifies the sanction to be applied in a particular social or legal situation. This method aimed to provide legal solutions responsive to the concrete needs of the time.

The laws contain provisions concerning various areas such as family law, property law, obligations law, criminal law, and commercial law. Articles related to family law offer detailed regulations especially on marriage, divorce, inheritance, and adoption; in the field of criminal law, the principle of “lex talionis” (an eye for an eye) is frequently observed. This approach, known as “an eye for an eye, a tooth for a tooth,” aims at balance and deterrence in the administration of justice.

A structure foreseeing different punishments according to the social classes in society is also notable. The same act could result in different legal consequences for free individuals, semi-free persons (mushkenum), and slaves (wardum). This situation directly reflects the social structure of the period in the law. For example, while a free citizen harming another free citizen received severe penalties, lighter sanctions were foreseen when a slave was harmed.

The laws also included economic regulations covering commercial activities, rental relationships, agricultural contracts, and debt repayment obligations; solution mechanisms were defined for disputes that could arise in these areas. In this respect, the Hammurabi Laws are considered an advanced example of regulation not only in criminal law but also in private law.

The Place and Effects of the Hammurabi Laws in Legal History

The Hammurabi Laws are considered a milestone not only for the Mesopotamian civilization but also for the history of world law. As one of the earliest examples of written law, this text is pioneering particularly in terms of proclaiming legal norms clearly and concretely within a certain social order.

These laws symbolize the proclamation of laws in a legal system by royal will but with divine legitimacy. At the same time, writing the legal rules in stone and displaying them in public areas highlights the public nature and accountability of the law. In this respect, the Hammurabi Laws are far ahead of their time regarding the removal of arbitrariness in legal rules and the accountability of governance.

The influence of the Hammurabi Laws was not limited to Babylonian civilization; they left indirect traces on subsequent Assyrian, Hittite, and even Roman legal systems. There are various academic assessments drawing structural and thematic parallels between the Twelve Tables of Rome and the Hammurabi Laws. Moreover, some similarities between the Hammurabi Laws and provisions in the Torah have been noted, suggesting continuity within the Semitic legal tradition.

From the perspective of modern legal history, the Hammurabi Laws are regarded as one of the emblematic historical examples of justice. They provide early responses to questions such as how law tried to regulate social inequalities, how criminal justice was structured, and how power balances were protected through law. For this reason, they are taught as fundamental sources both in law faculties and in the discipline of history.

The Hammurabi Laws, as one of the oldest and most systematic written legal texts in history, represent not only an important legacy of Babylonian civilization but also of human history. These laws, with their provisions covering various areas of social life, reflected the socioeconomic structure of the period and demonstrated how state authority was institutionalized through law.

The casuistic structure contained in the laws aims to respond directly to the practical needs of the period and shows that law was shaped more by concrete cases than by abstract principles. However, this structure also indicates how precedent decisions and case law were decisive in the development of law.

The class-based provisions of the Hammurabi Laws can be criticized from the standpoint of fundamental principles of modern legal understanding such as equality and human rights. Nevertheless, despite being proclaimed by a king, their legitimization through divine justice and their public display can be considered one of the early examples of the rule of law.