The 12 Tables and The Code of Hammarubi

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The Code of Hammurabi and The Twelve Tables


In ancient history, two of the most influential law codes emerged as the Code of Hammurabi and the Twelve Tables. Early in Mesopotamian history, the most complete code of law was the code of Hammurabi, created by King Hammurabi. He brought together the city-states of Sumeria and unified them together as one. In the Roman Republic, a law code known as the Twelve Tables was created by a panel of Roman men to unify the two social classes known as the plebeians and the patricians. Both codes of law were created to better govern the laws and well being of its people. As differences and rivals grew between its people these two codes of law were proven to bring about some degree of fairness and order.


In the times of early Mesopotamia, the city-states in Sumeria, Sumner and Akkad especially, shared common ways of living but were at constant war with each other. They fought for economic reasons such as; raw materials, land, and even gods. The city-states would go through periods of economic growth and well being of their communities only to be attacked by outsiders time and time again. By 1700 BC, the Sumerian way of life was back on top, only to be lost again by the invasion of new Semetic invaders known as the Amorites, who took over. The language now spoken was the Sumerian language and all worshiped the God Murduk. Eventually, sometime around 178, King Hammurabi brought together the city-states of Sumeria and established the Capital at Babylon. Hammurabi was a very strict leader and found it necessary to refine a code of conduct for his people and separated the laws into three social classes, the upper class, free man, and slaves. This code of law was known as The Code of Hammurabi (Starr 44-7; Krugen ).


In the early Roman Republic, bitter battles between two distinct classes arose. The patricians, the upper class often times mistreated and abused the plebeians’, the lower class. The patricians carried all of the political power in the government and political offices. The plebeians’ were sent off to wars with no pay and would still be taxed for their property while they were away. This often times led to financial struggles which could even result in them being turned into slaves. The plebeians’ were demanding for changes to be made due to their unfair treatment. After about two centuries the plebeians’ began to win their struggle in the battle between the patricians. The main reason they began to succeed was their continuos role in the wars. The patricians refused to fight in the wars . As the wars went on it gave the plebeians’ the opportunity to rise in power by gaining leaders and financial growth (Star 470-1). The Tribal Counsel was created which brought about some form of legal protection for the plebeians’ rights but the patricians still held most of the power. The patricians knew the laws orally but the laws were never recorded. For that reason the laws would be altered if the need arose which caused stress between the two classes. In about 451 BC, the two classes finally agreed upon appointing a panel called decemviri, which consisted of 10 men to record the laws for everyone known as The Twelve Tables (Zoch 5-5).


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The Code of Hammurabi and The Twelve Tables were similar in ways of trying to better the lives of the people in their communities. Each code divided their people into social classes, and mainly dealt with issues such as legal proceedings and family relations. Both codes respectively viewed women as property therefore these women had no individualism within the communities. The two varied from each other in that the Code of Hammurabi was strict and punishments were considered barbaric, it stressed the focus on “an eye for and eye” mentality. The Twelve Tables only had 1 tables compared to the 8 codes of Hammurabi, those tables were mostly very much to the point and mainly dealt with the rights of its citizens (Grant 8; Naphtalli ,107). The codes of law of the ancient world compared to the current day law codes are in no way similar. The law codes of today can still be viewed to help enrich the lives of its citizens but on an entirely different level. People of today are all treated equally, no one person is better or worst for a crime committed against or done to. The way of life today is far less stressful and more governed by each individually than by the government. A person today can marry whomever they wish and do just about anything they want as its within reason and not against the law. The most striking similarity with today’s code and the codes of the ancient day was that all codes were created to form that of an orderly society and maintain balance between all people.


If I had to choose between the two law codes of ancient history I would choose the time of the Roman Republic. The Roman Republic’s biggest issue resulting in conflict was the separation the two social classes, plebeians and patricians. The society was moving toward equality of all people and their punishments for crimes were far less severe than in the Mesopotamian period. Both of the ancient codes were positive steps toward bringing the people of that time together to form an orderly society. No place now or then could be a successful place of dwelling without rules and reinforcements. The Roman Republic and Mesopotamia were far better places to be after the creation of these two law codes, which brought order and stability to each.





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