In
the Beginning:
The
Code of Ur-Nammu (Mesopotamia 2,100-2,050 B.C.E.)
Although
earlier law codes existed, such as the code of Urukagina , Ur-Nammu's
code is the earliest that we have a copy of. Others have been
paraphrased in writings that still exist, but the actual codes have
not yet been found.
One
of the unique things that had developed by this time was the concept
of IF (crime) THEN (punishment). This pattern was followed in almost
all later law codes. The code is also considered remarkably advanced
because it institutes monetary compensation for bodily harm as
opposed to the later "eye for an eye" principle. It also
had certain crimes listed as capital offenses including murder,
robbery, adultery by both men and women, and rape. These concepts of
monetary compensation for harm are rather prevalent in our own laws.
But we have softened our definition of capital crimes to just murder,
and even then only premeditated murder.
The
prologue, typical of Mesopotamian law codes, invokes the deities for
Ur-Nammu's kingship, Nanna and Utu, and decrees "equity in the
land".
"…After
An and Enlil had turned over the Kingship of Ur to Nanna, at that
time did Ur-Nammu, son born of Ninsun, for his beloved mother who
bore him, in accordance with his principles of equity and truth...
Then did Ur-Nammu the mighty warrior, king of Ur, king of Sumer and
Akkad, by the might of Nanna, lord of the city, and in accordance
with the true word of Utu, establish equity in the land; he banished
malediction, violence and strife, and set the monthly Temple expenses
at 90 gur of barley, 30 sheep, and 30 sila of butter. He fashioned
the bronze sila-measure, standardized the one-mina weight, and
standardized the stone weight of a shekel of silver in relation to
one mina... The orphan was not delivered up to the rich man; the
widow was not delivered up to the mighty man; the man of one shekel
was not delivered up to the man of one mina."
One
mina ( 1/60 of a talent ) was made equal to 60 shekels ( 1 shekel =
8.3 grams ) . Among the surviving laws are these:
The
Laws of Ur-Nammu that we know of are listed below.
Those
in Yellow
with Green Background
are
enforced with present day laws. Those in
Red
are illegal by todays laws. Blue
is for that if enforced by law would be illegal but can be done by
the individual if they so wish. Gray
is reserved for comments.
1.
If a man commits a murder, that man must be killed.
2.
If a man commits a robbery, he will be killed.
3.
If a man commits a kidnapping, he is to be imprisoned and pay 15
shekels of silver.
4.
If a slave marries a slave, and that slave is set free, he does not
leave the household.
5.
If a slave marries a native (i.e. free) person, he/she is to hand the
firstborn son over to his owner.
6.
If a man violates the right of another and deflowers the virgin wife
of a young man, they shall kill that male.
7.
If the wife of a man followed after another man and he slept with
her, they shall slay that woman, but that male shall be set free.
8.
If a man proceeded by force, and deflowered the virgin female slave
of another man, that man must pay five shekels of silver.
9.
If a man divorces his first-time wife, he shall pay (her) one mina of
silver.
Divorce
laws even today mostly require equal distribution of assets and child
support.
10.
If it is a (former) widow whom he divorces, he shall pay (her) half a
mina of silver.
11.
If the man had slept with the widow without there having been any
marriage contract, he need not pay any silver. (8)
13.
If a man is accused of sorcery he must undergo ordeal by water; if he
is proven innocent, his accuser must pay 3 shekels.
Filing
a
false
police report is
illegal.
14.
If a man accused the wife of a man of adultery, and the river ordeal
proved her innocent, then the man who had accused her must pay
one-third of a mina of silver. (11)
15.
If a prospective son-in-law enters the house of his prospective
father-in-law, but his father-in-law later gives his daughter to
another man, the father-in-law shall return to the rejected
son-in-law twofold the amount of bridal presents he had brought.
Although
frowned upon. There is no law saying a girl/boy cannot marry someone
their parents pick out as long as they are of legal age. And the rest
- well, giving gifts is common.
16.
If [text destroyed...], he shall weigh and deliver to him 2 shekels
of silver.
Unknown
because the text is gone so we don't know what it is about. Not
counted as one of the 28.
17.
If a slave escapes from the city limits, and someone returns him, the
owner shall pay two shekels to the one who returned him.
18.
If a man knocks out the eye of another man, he shall weigh out ½
a mina of silver.
19.
If a man has cut off another man’s foot, he is to pay ten
shekels.
20.
If a man, in the course of a scuffle, smashed the limb of another man
with a club, he shall pay one mina of silver.
21.
If someone severed the nose of another man with a copper knife, he
must pay two-thirds of a mina of silver.
22.
If a man knocks out a tooth of another man, he shall pay two shekels
of silver.
24.
[text destroyed...] If he does not have a slave, he is to pay 10
shekels of silver. If he does not have silver, he is to give another
thing that belongs to him.
25.
If a man’s slave-woman, comparing herself to her mistress,
speaks insolently to her, her mouth shall be scoured with 1 quart of
salt.
26.
If a slave woman strikes someone acting with the authority of her
mistress, [text destroyed…]
Body
guards allowed to protect.
28.
If a man appeared as a witness, and was shown to be a perjurer, he
must pay fifteen shekels of silver.
29.
If a man appears as a witness, but withdraws his oath, he must make
payment, to the extent of the value in litigation of the case.
30.
If a man stealthily cultivates the field of another man and he raises
a complaint, this is however to be rejected, and this man will lose
his expenses.
31.
If a man flooded the field of a man with water, he shall measure out
three kur of barley per iku of field.
32.
If a man had let an arable field to a(nother) man for cultivation,
but he did not cultivate it, turning it into wasteland, he shall
measure out three kur of barley per iku of field.
Of Ur-Nammu's 28 known laws, 18 (64%) are enforced in our laws, 9 (32%)
are illegal in our laws, and 1 (4%) is not illegal but the government
can't make you do it.
As you can see by reading these laws, the concept of civil laws created
to address the harm someone does to another human was coded long
before the Abrahamic Torah (Old Testament) or the Christian Bible.
And also note that in these earlier law codes there was a punishment
defined for each crime. And in the Abrahamic 10 Commandments there is
no punishment involved. So, if you killed someone there would be no
mandatory punishment.
In comparison, 16% of the Abrahamic laws are enforced in our laws, while
64% of Ur-Nammu’s are enforced. And Ur-Nammu wrote laws
which had punishments and were transgressions against others, while
few Abrahamic laws were prohibitions against harming others and few had punishments and mostly tell people how to live
their personal lives.
The laws of America are much more like the laws of Ur-Nammu than the Abrahamic laws.