Law Codes on Power of Rulers in Ancient Mesopotamia
Use law codes and documents about laws in ancient Mesopotamia, from the Hebrews (circa 500 BCE), from the Spartans, and among the Romans in the Early and Late Republican eras to compare and contrast, powers of the ruler or the powers of religious authorities.
Powers Of Rulers In Ancient Mesopotamia
Power and rule was important to ancient Mesopotamia, as seen in drawings, paintings and sculptures in ancient manuscripts of religious leaders and kings with different symbols of power. From these manuscripts, laws and codes defined social, ruling structure and hierarchy of power. Rulers in this era used their authority to establish their rule over the people, define economy, religion and social life, often creating oppressive regimes. This research shall explore the establishment of rule using codes and laws defined by the ruler. Focus is on the laws and codes in Spartan, Roman, and Hebrew, in Circa 500 BCE documents detailing the powers of rulers and those of religious rulers.
One of the rulers that used laws and codes to establish their empire was Hammurabi, who conquered and ruled Mesopotamia for a short time. Hammurabi is an example of a ruler whose power and kingdom fell right after his death. This is a sign that power gained by defining rule in codes is not sustainable. The end of “Hammurabi’s Code of Laws” Hammurabi defines his position in the empire as, “Hammurabi, the wise, …, protecting, …., Bel gave to me, the rule whom Marduk gave me” (King, Hammurabi’s Codes of Law). Hammurabi’s legacy associates with his stone of laws, through the Codex Hammurabi. Though his rule was short lived, his empire brought benefits to humanity. He was unlike other Mesopotamia leaders, whose rule entailed destruction and conquest of power.
Hammurabi’s laws were for the good of the citizenry and established codes that people would live and resolve issues. Law 53, which describes “if a man is lazy in maintaining his dam and does not keep it, … when it breaks and floods the fields, he shall be sold for money and the money used to replace lost corn in the field” (King, Hammurabi’s Code of Laws). Hammurabi used such laws to establish rules, through the creation of law and order, in ancient Mesopotamia, which did not have a uniform established law. Hammurabi’s laws gave regulations on family life, business, ownership of property, punishment of lawbreakers and respect for authority.
Rule of law is also in Cicero’s Twelve Tables of circa 450 BCE. Cicero Marcus, a philosopher and theorist, outlined codes by which Romans in his time would follow. These laws like Hammurabi’s laws were applicable to the judicial, social, religious, cultural, economic, political and family life of Romans. These are in Table I, code 1 of Cicero’s Tables, where the law asserts, “a person summoned by a magistrate must show up … if they escape the summoner must lay their hands on him” (Cicero, The Twelve Table 1.1). An evaluation of Cicero’s Tables indicates that the philosopher was establishing a rule of law in Rome. In no instance does the evaluation find Cicero’s tables describing their personal rule nor use the laws to increase his rule and power over the land. This presents the different between a king and philosopher or scholar in ancient Mesopotamia, as Hammurabi gained power and rule using his laws, while Cicero did not.
The notion created by ancient Mesopotamia texts is that different scholars, thinkers, philosophers, religious leaders and political rulers created laws to construct their society. Ancient Mesopotamia’s family life was highly structured, with the man being the head of the family. Laws and codes by the Assyrians describe the intricate relationship between family matters, mannerisms of men and women in the home and the society. From an excerpt of the Code of Assura, c. 1075 BCE, the Assyrians state, “if a woman is unwilling and is raped by a man, upon the word of her mouth, elders will prosecute and put him to death and no punishment will come upon the woman” (Code of the Assura, 1.12). This is similar to Hammurabi’s laws that put to death a man who violated a betrothed or child of another (Hammurabi, Hammurabi’s Code of Laws 130).
Laws were for law and order. Ancient documents show that rulers did use their authority to create laws to increase their power and in the process oppressing the people. In the bible, Pharaoh fearing the growing Israelite population ordered forced labor in Egypt (Exodus, 1:11).Later, midwives were ordered to kill new born sons (Exodus, 1:16). Religious rulers were not different from political rulers as they used laws and order to establish loyalty to religion and their gods among their followers. This was practiced in Germania, where Priests would test men using a hot iron sprinkled with holy water, was given to a man to carry for nine feet (Germanic Law, Ordeal Formulas). The Spartans also practiced ordeal to instill obedience through severe punishments, like making youths walk barefoot over long distances (Xenophon, The Polity of the Spartans). Religious and political rulers increased power and rule, defined law and order, social and religious life using codes and laws.
References
Halsall, P. (1996). Medieval Sourcebook: Ordeal Formulas. Fordham University, Retrieved 15th Oct, 2012 from http://www.fordham.edu/Halsall/source/ordeals1.asp.
Halsall, P. (1998). Ancient History Sourcebook: The Code of the Assura, c. 1075 BCE. Fordham University, Retrieved 15th Oct, 2012 from http://www.fordham.edu/Halsall/ancient/1075assyriancode.asp.
Halsall, P. (1998). Ancient History Sourcebook: The Twelve Tables, c. 450 BCE. Fordham University, retrieved 15th Oct, 2012 from http://www.fordham.edu/Halsall/ancient/12tables.asp
Halsall, P. (1998). Ancient History Sourcebook: Xenophon (C.428-c.354BCE): The Polity of the Spartans, C. 375 BCE. Fordham University, retrieved 15th Oct, 2012 from http://www.fordham.edu/halsall/ancient/xeno-sparta1.asp.
King, L.W. Hammurabi’s Code of Laws. Readings from the Ancient Near East, Retrieved 15th Oct, 2012 from http://eawc.evansville.edu/anthology/hammurabi.htm.
Kreis, S. (2004). Plato, The Allegory of the Cave. The History Guide; Lectures on Modern European Intellectual History. Retrieved 15th Oct, 2012 from http://www.historyguide.org/intellect/allegory.html
New International Version (2011). Exodus 1-15. Retrieved 15th Oct, 2012 from http://www.biblegateway.com/passage/?search=EXOD+1-15&version=NIV.
