The Hammurabi Code: Amelu vs. Muskenu

Within the years 1792 and 1750 BCE, one of the most influential rulers known in ancient history emerged in the Babylonian Empire. Hammurabi took the throne as the sixth king of the first Babylonian Empire. He was known as a great warrior, an honored statesman, and an emperor who took a great interest in restoring the empire’s religious temples and values.¹ He referred to himself as the “king of the four quarters of the world,” claiming that he was chosen by the gods to “destroy the wicked in the land and evil [so] that the strong might not oppress the weak.” Not only is Hammurabi known as a warrior, statesman, and religious man, but he is also remembered for his famous Code of Laws, the Hammurabi Code: a set of laws that is described as the “most extensive and most complete law code” of the Mesopotamian time.²

The laws were written on clay tablets to bring forth a legal system for those in authority to enforce. The Code acted as the legal foundation to a sophisticated society that the Babylonians had become. The laws were meant to bring a form of equality among the people. However, consequences and punishments given to a guilty party did not always reflect the kind of equality that we today would expect. These sets of laws not only brought a legal system, but also put on display the legal basis for a differentiated treatment of individuals based on wealth and gender. Within the Babylonian empire the population was divided into three classes.³ The classes were given the names Amelu, Muskenu, and Ardu. Each social class had specific rights and characteristics to them, as well as determined what quarter of the empire they were to live in.⁴

The code relies on the concept of lex talionis, or law of retaliation. It is commonly known as an “eye for an eye” justice. According to what the guilty party did, their punishment should thus reflect it.⁵ However, in some instances, this was not the case. The differences in punishments relied a great deal on which social class the victim or perpetrator belonged to. Many times, the Amelu, the elite class on the social spectrum, would be given lesser sentences than the poor by Hammurabi’s Code. For example, if the Amelu were to harm someone from the Muskenu  class, the Amelu would merely be subject to a restitution in the form of silver. Committing the same crime against the Amelu, the Muskenu would be subjected to a much more severe punishment, in accordance with the Code. Furthermore, if the violator of the code could not pay or replace what had been harmed, the violator would be sent to immediate death.⁶ More often than not, it was the members of the lower class who were being accused of crimes and were unable to pay the restitutions.

The legal foundations of aristocratic privileges are evident in ancient Mesopotamian history. This was due to the economic importance and responsibilities held by the Amelu. During this time in history, one’s wealth, what official position one held, and which family one was born into, determined how one would be treated under the law. Differences in cases and punishment were arranged to benefit the “value” and “dignity” that the Amelu held within the society. The top of the social pyramid was seen as more important; therefore, committing any devaluing crime against them in any way was dealt with very firmly in comparison to how crimes committed on the Muskenu were handled.⁷ Although many judges of this civilization carried out the law according to Hammurabi’s standards, in which the higher class held a greater value in the society in comparison to the poor, some judges struggled to ensure that the Muskenu was not being oppressed by the Amelu.⁸

The code that Hammurabi introduced to the Babylonian people had a great impact as it brought social order and a structured legal system. Overall, the code created a commonality in standards for those in authority when deciding punishments and consequences to a violator of the law. Hammurabi’s Code is believed to be the first set of written laws in human history.