An analysis and an introduction to hammurabis law

Bonds to pay were treated as negotiable. They were acquiring discipline and cohesion; they were learning cooperation, perseverance, fortitude, and patience. The latter term does not seem to be a good one and it is not apt until we reach high civilization; what we want is a term to express the peace sentiment in antithesis to militancy, but industrialism has obtained currency and it has this much justification, even for savage life, that, inside the group, the needs of life must be provided for by productive labor.

This agreement is either one of peaceful access to natural supplies or one of trade. In spite of all these demands, however, the temples became great granaries and store-houses; as they also were the city archives. The debtor being seized for debt could nominate as mancipium or hostage to work off the debt, his wife, a child, or slave.

The Scandinavian people spread in small bodies over their territory, and these bodies often engaged in war with each other. The rarity of any reference to him in contemporary documents makes further specification conjectural. Peiser, "Texte juristischen und geschaftlichen Inhalts," vol. If a suitor changed his mind, he forfeited the presents.

They could not alienate a single utensil. They cooperate in the struggle for existence, and the size of the group is fixed by the number who can work together to the greatest advantage under their mode of life.

There was, of course, no hindrance to a man having children by a slave girl. Many contracts contain the proviso that in case of future dispute the parties would abide by "the decision of the king. The field, garden, and house return to their owners.

Christianity has always contained an ideal of itself as a peace-group. If a holder would sell, the family had the right of redemption and there seems to have been no time-limit to its exercise.

The members of the unit group work together. They quarrel with words, but generally both parties burst into a laugh and that ends it. The tithe seems to have been the composition for the rent due to the god for his land.

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The kin-groups are not peace-groups, 3 because they are loose and have no common life. So was an attempt to get him to leave the city. The fact of former association is long remembered and there is a bond of kinship and alliance which may at times draw former associates together again for festivals and religious observances, but after they separate the tendency is to become entirely independent and to fall under the type just described; viz.

It is because any group, in order to be strong against an outside enemy, must be well disciplined, harmonious, and peaceful inside; in other words, because discord inside would cause defeat in battle with another group.

Eleventh Edition of the Encyclopedia Britannica, The warehouseman took all risks, paid double for all shortage, but no claim could be made unless be had given a properly witnessed receipt.

The judges are strictly supervised and appeal is allowed. A concubine was a free woman, was often dowered for marriage and her children were legitimate.

Nevertheless the order is not that of modern scientific treatises, and a somewhat different order from both is most convenient for our purpose. Men have fought for hunting grounds, for supplies which are locally limited and may be monopolized, for commerce, for slaves, and probably also for human flesh.

It is the competition of life, therefore, which makes war, and that is why war always has existed and always will.

Law Code of Hammurabi (1780 B.C.)

All other daughters had only a life interest in their dowry, which reverted to their family, if childless, or went to their children if they had any.

The letters of Hammurabi often deal with claims to exemption. There is no reason to regard him as specially connected with the court, as a royal pensioner, nor as forming the bulk of the population. They also take wives from each other, generally, but not always. The material for the study of Babylonian law is singularly extensive without being exhaustive.

Adoption was very common, especially where the father or mother was childless or had seen all his children grow up and marry away.INTRODUCTION. Inwhen the author of the essays here assembled was elected professor of political and social science in Yale College, he was, to use his own words, “a young and untried man.” He was selected for his position, not as a specialist, but because he was what he was.

Someone in those days must have been an excellent judge of men. LAWS of justice which Hammurabi, the wise king, established.

A righteous law, and pious statute did he teach the land. Hammurabi, the protecting king am I.

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An analysis and an introduction to hammurabis law
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