Law and Justice in Ancient Babylon
Law and justice played huge roles in Ancient Babylon. The sun god of Babylonia, Shamash was said to be the god of law and justice and therefore, Babylonians believed that he gave mankind throughout the world their different laws. The punishment for crimes varied greatly in Babylonia, depending on the type of crime that was committed. A serious offence was often punishable by death and although there were many different ways for this particular punishment to be carried out, it was usually done by drowning or burning the criminal. Mutilations were also a common form of punishment and a person’s ear or hand was usually cut off. Minor crimes were usually only given a fine.
The way in which crimes were prosecuted is not so different from the legal system we have today. Trials would be held in court, which were presided over by one to four judges. It was usually the elders of the city that made up the panel of judges. Once a decision had been made by the judges, the judge was unable to reverse it. However, the accused could enter an appeal with the king. Evidence was used in the form of witnesses to the crime in the form of written documents. Oaths also played a large part in the system of the courts and could be promissory, declaratory, or exculpatory.
Legal disputes were generally settled privately between the different parties involved in the dispute. If the matter could not be settled as a private matter, the case would go to court and would be handled much the same way. The parties would each be present and take an oath to the gods that they were speaking the truth. The judges would meet after all parties, including witnesses, had been heard and they would declare their decision. The final judgment would then be written onto a tablet made of clay.
There have been five documents that have been found regarding laws in Ancient Babylon. These are: The Laws of Urukagina, The Laws of Ur-Namrnu, The Laws of Lipit-Ishtar, The Laws of Eshnunna, and The Code of Hammurapi. It’s thought that because all of these documents, with the exception of the Laws of Eshnunna, have been inscribed, that they were never really laws at all. This is also a common belief as none of the laws or codes can be found in relation to the legal practices of Ancient Babylon and they are never found to be consistent. They are thought then to be written decrees by various kings to create solutions for a particular problem. They have also been found to only be the king priding himself on the fact that he was able to carry out the vision that he saw for his people.