Hammurabi Mini-Q

Hammur*i's Code:Was It Just?

Overview: One of the world's oldest sets of laws was written by Hammurabi ("ha-moo-ROB-bee"),king of Babylon in the 1Sth century BCE. Hammurabi's Code is often studied to understand the val-ues of ancient Mesopotamia. This Mini-Q explores the idea of fairness - what is 'Just"- by asking youto think about the punishments and rewards that made up Hammurabi's code.

The Documents:Document A: The Stone Stele ("stee-lee")Document B: Epilogue of the Code

Document C: Family LawDocument D: Property LawDocument E: Personal Injury Law

A Mini Document Based Question (Mini-Q)

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HammurabiMini-Q

Hook Exercise: What ls Justice?

Leaders throughout history have had to grapple with the task of creating just, or fair, laws. One suchleader was Hammurabi, whose laws are the subject of this Mini-Q. Hammurabi's concern wascreating just laws for the people of Babylonia 4,000 years ago.

Thsk L: With a partner, talk through the two cases below and discuss the questions that follow. Ineach case, you will consider justice in three ways: Is the outcome fair to the accused? Is the outcomefair to the victim? Is the outcome in the best interest of the general society?

Case A: Eddie is caught shoplifting a cell phone at Radio Shack. Eddie is 15 years old. It is a flrsroffense. The police call his parents, and Eddie returns the phone. There will be no criminal record.

In judging whether this is a fair handling of the case, ask:

Is it fair to Eddie?

Is it fair to Radio Shack?

Is it fair to society? Is it in the best interest of society?

\-Case B: J.D. is caught shoplifting a cell phone at Radio Shack. J.D. is 19 years old. This will be histhird felony conviction, all for shoplifting. Because of the Three Strikes law, his state requires that heserve a minimum of ten years in prison with no chance of parole.

In judging whether this is a fair handling of the case, ask:

Is it fair to J.D.?

Is it fair to Radio Shack?

Is it fair to society? Is it in the best interest of society?

Task 2: Pick one rule in your school. Then decide if it is just. Explain.. Is it fair to the rule breaker?. Is it fair to those who are harmed?. Is it fair to the greater school community?

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Background Essay HammurabiMini-Q

Nearly 4,000 years ago, a man named Ham-murabi ("ha-moo-ROB-bee") became king of asmall city-state called Babylon. Today Babylonexists only as an archaeological site in centralIraq. But in Hammurabi's time, it was the capitalof the kingdom of Babylonia.

We know little about Hammurabi's personallife. We don't know his birth date, how manywives and children he had, or how and when hedied. We aren't even sure what he looked like.However, thanks to thousands of clay writingtablets that have been found by archaeologists,we know something about Hammurabi's militarycampaigns and his deal-ings with surroundingcity-states. We also knowquite a bit about everydaylife in Babylonia.

The tablets tell usthat Hammurabi ruled for42 years. For the flrst 30of these years, Hammu-rabi's control was lim-ited mostly to the city ofBabylon. He was involvedin what one historiancalls, "lots of squabbles with other small kingsin other small city-states," some of them nomore than 50 miles away. This changed, how-ever. With victories over Larsa in the south andMari in the north, Hammurabi became the rulerof much of Mesopotamia.

Hammurabi was not starting with a blankslate. Beginning around 3500 BCE, the Sume-rian people had developed Mesopotamia into theworld's flrst civilization. By the time Hammurabitook power in 1192 BCE, cuneiform writinghad already been around for 1,700 years.

Hammurabi would eventually rule over anestimated population of 1,000,000. Most of hissubjects were farmers. The people lived in city-states surrounded by flelds, watered by irrigationcanals that were fed by the Tigris and Euphratesrivers.

Hammurabi's Code: Was lt Just?

After his victories at Larsa and Mari, Ham-murabi's thoughts of war gave way to thoughtsof peace. These, in turn, gave way to thoughts ofjustice. In the 38th year of his rule, Hammurabihad2S2laws carved on a large, pillar-like stonecalled a stele ("stee-lee"). Together, these lawshave been called Hammurabi's Code. Historiansbelieve that several of these inscribed steleswere placed around the kingdom, though onlyone has been found intact.

Hammurabi was not the flrst Mesopota-mian ruler to put his laws into writing, but hiscode is the most complete. By studying his

laws, historians have been ableto get a good picture of manyaspects of Babylonian society-work and family life, socialstructures, trade and govern-ment. For example, we knowthat there were three distinctsocial classes: land owners,free people who did not ownland, and slaves. The manyfarm and irrigation laws tellus that Babylonians dependedupon their crops for survival.

The code also tells us of everyday probiems,like buildings collapsing, oxen getting lobseand trampling flelds, and neighbors squabbling,much as they do today. Hammurabi tried tobring order and fairness to il all.

What follows are flve documents thatprovide a sampling of Hammurabi's laws. Somestudents of Babylonia have found the lawsoverly harsh. Others have found them to be quitebalanced, given the hard realities of ancient life.

In this Mini-Q, you are asked to considerjustice on three levels: fairness to the accused,fairness to the victim, and fairness and securityfor society. With these measuring sticks in mind,read the documents and answer the question:Hammurabi's Code: Was it just?

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HammurabiMini-Q

Background Essay Questions

1. How many centuries ago did Hammurabi live? How long did he rule?

2. What was the approximate length of Babylonia from Mari in the north to Larsa in the south? ([

3. What was the estimated population of Babylonia?

4.Into what three social classes was the population divided?

5. In general terms, what is Hammurabi's Code?

6. Deflne these terms:

city-state

Babylonia

Mesopotamia

cuneiform

stele

Timeline3500 BCE - Sumerians settle in southern Mesopotamia.1900 BCE - Amorites from Syria conquer Sumer.1792 BCE - Hammurabi becomes sixth Amorite king of Babylon.1750 BCE - Hammurabi's nearly 43 year rule ends.1600 BCE - Hittite invasion ends Amorite rule in Babylonia.323 BCE - Alexander the Great dies in Babylon after planning to make Babylon the capital

of his empire.

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Hammurabi Mini-O

Understanding the Question and Pre-Bucketing

Understanding the Question

1. What is the analytical question asked by this Mini-Q?

2. What terms in the question need to be deflned?

3. Rewrite the question in your own words.

Pre-Bucketing

Directions: We suggest a two-step bucketing process. First, create two starter buckets that identifythe opposing positions on the question. Then, pick the position you feel contains the strongestevidence and create three "reason" buckets for that position.

THEN

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HammurabiMini-Q

Document A

Source: Stone stele of Hammurabi's Code from the ancient artifacts collection of the Louvre Museum in paris, France,circa 1754 BCE.

Note: The stele, carved from black diorite, stands more than eight feet tall and weighs four tons.This photograph shows the top third of the stele.

The carving at the top ofthe steleshows Hammurabi standing beforeShamash, the god of justice, whois seated on his throne. Shamash isinstructing Hammurabi in the law.

Below the two figures is thePrologue, in which Hammurabilists the names of the gods, sayingthat they have given him the rightto rule. The Prologue, like the restof the code, is written in wedge-shaped cuneiform letters that havebeen carved into the stone.

Detail of the stele carvings.

Below the Prologue, closer to thebase, are the282laws, organizedby theme, including family life,agriculture, theft and professionalstandards. There are a total of3,500 lines of writing. coveringboth sides ofthe stele. Following the laws is an Epilogue,

in which Hammurabi states howthe laws should be carried out.

Document Analysis1. what kind of writing was used to inscribe the code on the stele?

2.The code is divided into what three parts?

3. From where or whom does Hammurabi get the laws?

4. Is there any evidence in this document that can be used to argue that Hammurabi's Code was just?

5. Is there any evidence in this document that can be used to argue that Hammurabi,s Codewas not just?

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Document B

Source: Excerpts from the Epilogue of Hammurabi's Code, circa 1754 BCE.

Document Analysis1. According to Hammurabi, what was his purpose for having written these laws?

2. Who commanded Hammurabi to create this monument?

3. What does Hammurabi threaten will happen to any future Babylonian king who does notfollow these laws?

4. How can you use this document to argue that Hammurabi's code was just?

5. How can you use this document to argue that Hammurabi's code was not just?

... Hammurabi, the protecting king am I. ...That the strong might not injure the weak,in order to protect the widows and orphans, ... I set up these my precious words, writ-ten upon my memorial stone, before the image of me, as king of righteousness.

. .. By the command of shamash, the great god and judge of heaven and earth, letrighteousness go forth in the land. . .. Let no destruction befall my monument;. . . let myname be ever repeated; let the oppressed, who has a case at law, come and stand beforethis my image as king of righteousness; let him read the inscription, and understand myprecious words....

... In future time, through all coming generations, let the king, who may be in the land,observe the words of righteousness which I have written on my monument; let him notalter the law of the land which I have given.. . .

... If this ruler does not esteem my words, ... if he destroys the law which I have given,

... may the great gods of heaven and earth ... inflict a curse ... upon his family, hisland, his warriors, his subjects, and his troops.

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Hammurabi Mini-Q

Document C

Family LawSource: Excerpts from Hammurabi's Code, circa 1754 BCE.

Note: There are 282laws in Hammurabi's Code. The numbers below refer to their order on the stele.

Law 129 If a married lady is caught [in adultery] with another man, theyshall bind them and cast them into the water.

Law 148: If a man has married a wife and a disease has seized her, if he isdetermined to marry a second wife, he shall marry her. He shall not divorcethe wife whom the disease has seized. She shall dwell in the house they havebuilt together, and he shall maintain her as long as she lives.

Law 168: If a man has determined to disinherit his son and has declaredbefore the judge, "I cut off my son," the judge shall inquire into the son's past,and, if the son has not committed a graye misdemeanor ..., the father shall notdisinherit his son.

Law 195: If a son has struck his father, his hands shall be cut off.

Document Analysis1. In Law I29,what does it mean to "bind them and cast them into the water?"

2.InLaw 168, what does it mean to "disinherit" a son?

3. Two crimes in the document result in physical punishment. What are those crimes?How might Hammurabi argue that the punishments were just?

4. Hammurabi said that his code was meant to protect the weak. Is there evidence in thisdocument that the code did so?

5. Overall, are these laws regarding family just? That is, are they fair to the accused? to the victim?to society as a whole?

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Document D

Property LawSource: Excerpts from Hammurabi's Code, circa 1754 BCE.

Law 2lz If a man has broken through the wall [to rob] a house, theyshall put him to death and pierce him, or hang him in the hole in the wallwhich he has made.

Law 232If the robber is not caught, the man who has been robbed shallformally declare whatever he has lost before a god, and the city and themayor in whose territory or district the robbery has been committed shallreplace for him whatever he has lost.

HammurabiMini-Q

Law 48: If a man has borrowed money to plant his flelds and a stormhas flooded his fleld or carried away the crop, ... in that year he doesnot have to pay his creditor.

Laws 53, 54: If a man has opened his trench for irrigation and thewaters have flooded his neighbor's fleld, the man must restore thecrop he has caused to be lost.

Document Analysis1. In Law 2I,what is the penalty for breaking into a home?

2. How might Hammurabi justify the harsh punishment?

3. In Law 23, if the robber is not caught, who reimburses the victim for his or her loss?

4. How might Hammurabi have justifled reimbursing the victim?

5. In Law 48, what is a creditor? Is Law 48 fair to creditors?

6. Overall, are these laws regarding property just?

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HammurabiMini-Q

Document E

Personal lniury LawSource: Excerpts from Hammurabi's Code, circa 1754 BCE.

Law L96: If a man has knocked out the eye of a free man, his eye shallbe knocked out.

Law 199: Ifhe has knocked out the eye ofa slave ... he shall pay halfhis value.

Law 209: If a man strikes the daughter of a free man and causes her tolose the fruit of her womb, he shall pay 10 shekels of silver....

Law 2l3z If he has struck the slave-girl of a free man and causes her tolose the fruit of her womb, he shall pay 2 shekels of silver.

Law 2l5z If a surgeon has operated with abronze lancet on the body of afree man ... and saves the man's life, he shall receive 10 shekels of silver.

Law 218: If a surgeon has operated with abronze lancet on a free man for aserious injury, and has caused his death, ... his hands shall be cut off.

Document Analysis1' Examine laws 196 and 199. How do you think Hammurabi would justify the different

punishments for the same crime?

2. What is the meaning of "fruit of her womb"?

3. How might Hammurabi argue that laws 2L5 and,218 were just?

4. How could you use these laws about personal injury to argue that Hammurabi's Code was not just?

5. Is justice absolute? That is, is a just punishment in 1800 BCE also a just punishmenttoday? Explain your thinking.

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Hammurabi Mini-Q

Bucketing - Getting Ready to Write

Bucketing

Look over all the documents and organize them into your final buckets. Write labels under eachbucket and place the letters of the documents in the buckets where they belong. you can put a docu-ment in more than one bucket. Remember, your buckets are going to become your body paragraphs.

Thesis Development and Road Map

On the chicken foot below, write your thesis and your roadand answers the Mini-Q question. The road map is createdareas you will examine in order to prove your thesis.

map. Your thesis is always an opinionfrom your bucket labels and lists the topic

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HammurabiMini-Q

From Thesis to Essay Writing

Mini-Q Essay Outline Guide

Working Title

Paragraph #1"

Grabber

Background

Stating the question with key terms defined

Thesis and road map

Paragraph #2Baby Thesis for bucket one

Evidence: supporting detail from documents with document citation

Argument: connecting evidence to the thesis

Paragraph #3Baby Thesis for bucket two

Evidence

Argument

Paragraph #4Baby Thesis for bucket three

Evidence

Argument

Paragraph #5Conclusion: 'Although" statement and restatement of main idea

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Student Mini-Q Lined Paper

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HammurabiMini-Q

Student Mini-Q Lined Paper

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