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“What is Law?” This question has troubled people for many centuries.
An entire field of study known as Jurisprudence is devoted to this
question. Many definitions of law exist; law can be defined as the set of
rules or regulations by which a government regulates the conduct of
people within a society. Even with this explanation, many other
questions arise. Do we need laws? Where do laws come from? Are all
laws written? Can laws change? If yes, how? Are all laws fair? What is
the difference between laws and morals?
Every society that has ever existed has recognized the need for law.
These laws may have been written, but even primitive people had rules
to regulate the conduct of the draw. Without laws, there would be
confusion, fear, and disorder.
The oldest law code is tablets from the ancient archives of the city of
Ebla (now Tell Mardikh, Syria), which date to about 2400 BC.
The earliest written law was also the Law Code of Hammmurabi, a king
who reigned over Babylon (on the territory of modern Iraq) around 2000
B.C.
Hammurabi’s Code dealt with many of the same subjects as our legal
system today. It included real and personal property law (the rights of
slave owners and slaves, inheritance and property contracts), family law
(divorce and marriage), criminal law (crimes and punishment of crimes),
and business law (settlement of debts and even regulations about taxes
and the prices of goods).
The Code gave very harsh punishments for almost all crimes. Not only
murders but also thieves and those guilty of false accusation faced the
death penalty. The punishment was based on the principle of revenge: an
eye for an eye and a tooth for a tooth. The criminals had to receive the
same injuries and damages they had inflicted upon their victims.
Nevertheless, the penalty according to Hammurabi’s laws could not be
harder than the crime. The code banned the tradition of kidnapping
women as brides. The laws of Hammurabi’s Code took into account the
circumstances of the offender as well as the offence itself. For example,
if a citizen of a lower rank lost in a civil case he had to pay fewer
penalties than an aristocrat, though if he won he also was awarded less.