May 14th, 2008
The Code of Hammurabi to the Rescue
The Code of Hammurabi is a wonderful set of laws. If I had to create law for a civilized society I would definitely use some of the main philosophy behind Hammurabi law, even though I consider some principals passé. Nonetheless, in the proper context, some aspects of Hammurabi law would prove to be very helpful in the 21st century. As far as I am concerned humanity has not yet concocted a perfect form of justice. Until then, we should keep striving to better our current conditions here on earth. After all, when creating the light bulb Thomas Edison said, “If I find 10,000 ways something won’t work, I haven’t failed. I am not discouraged, because every wrong attempt discarded is another step forward”.
When reading the code of Hammurabi I noticed a couple of principals that are quite different than American law. The first is the ramifications of false or unsubstantiated accusations by the plaintiff. What do you think America would be like today if the founders had instilled those same principals in our Constitution? It seems to me that it would change drastically, possibly for the better. For one thing we would have an extraordinarily smaller government. For example, the famous case of Marbury vs. Madison about whether Congress could expand the original jurisdiction of the Supreme Court. Would you be able to convict Marbury or an entire branch of government? And if so, what would be the sentence? Whoa! The only conclusion I can think of would be the way we interpret the law, which leads me to the next point I found interesting.
The laws are written in stone, not only physically but in application as well. Take law §128,”If a man has taken a (woman to) wife and has not drawn up a contract for her, that woman is not his wife” (Readings, p-3). There is either a contract or not, no discussion. That would almost eliminate the judicial branch of government, and there would be no need for lawyers.
That would also force us to revise the constitution a lot more periodically. For example, the second amendment, the right to bare arms, says “A well regulated Militia, being necessary to the security of a Free State, the right of the people to keep and bear Arms, shall not be infringed.” Back in 1789, “Arms” were muskets and pitchforks. Today we have weapons of every shape and size imaginable. Do you think someone walking down the street with an ak-47 in one hand and a LAW (Light anti-tank weapon) or Bazooka in the other is considered legal under the constitution? It doesn’t specify. It is left to the judicial branch of government to deicide. Just like cloning, cyber porn, women’s reproductive rights, etc. Hammurabi Law is set in stone. There is nothing to misinterpret, nothing to spin or abuse. First, that is important because people know where they stand. And second, it would eliminate the inequality created by lawyer’s skills of spinning and bending the law in their favor. Know one would be more right just because they spent $1,000,000 on first class lawyers.
I am very impressed with King Hammurabi. We don’t need to reinvent the wheel, just add some rubber for a smother ride on along the way. The Code of Hammurabi is a good example of an ancient policy that is rich in relevant content.
Posted in Politics | No Comments »