Thursday, April 26, 2012

Incentives for Following Ancient Laws


Hammurabi’s Code and the Mosaic Code are two sets of laws and rules written in Babylon and Ancient Israel that were designed to guide the populations on how to live their lives.  These two codes consist of laws and punishments concerning crimes, agricultural life, social conflicts, and business ethics. Like codes of laws today, the purposes of Hammurabi’s Code and the Mosaic Code were to create organization and maintain order in society.  The two codes shared many themes and values, but differed in their means of achieving societal order.
One of the common themes in Hammurabi’s Code and the Mosaic Code is the value of “an eye for an eye. ” For every transgression one commits, one is to be punished in the same way.  If one is to murder, he shall be killed. If one is to steal, he is to give up money. In Hammurabi’s code, “if a man put out the eye of another man, his eye shall be put out. If he break another man's bone, his bone shall be broken” (laws 196 – 197). Similarly, a quote in the Mosaic code that reflects this value is, “show no pity: life for life, eye for eye, tooth for tooth, hand for hand, foot for foot" (Deut. 19:16-21). Both Hammurabi’s Code and the Mosaic Code state that punishments should be equally as serious as the crimes committed. One deserves to pay in the same way he harmed another.
Is the similarity of values between these two codes of laws coincidental? I believe not. Evidence exists that at some point in time, Jews living in Babylon immigrated to Israel and brought values that they had been exposed to in Babylon with them.  Hammurabi lived in the 1700’s BCE.  The Mosaic Code was established in the late 1400’s BCE. The values derived from Hammurabi’s code, such as “an eye for an eye,” likely influenced the way that the Mosaic Code was written.  This is an example of cultural diffusion that affected the ways the laws for the Ancient Israelites were written.
Although similar in many values and punishments, Hammurabi’s code and the Mosaic Code differed in an important respect. Hammurabi’s code was focused on punishing wrong-doers as a way to keep people from breaking these laws.  Almost all transgressions noted in Hammurabi’s code were supposed to be punished with death. The purpose was to frighten the Babylonians from committing crimes. This way, society could remain organized.
Rather than solely emphasizing harsh punishments as the motivation for following laws, the Mosaic code gave an explanation for why its laws were beneficial to society. In other words, as opposed to threats alone, the Mosaic Code established a set of moral behaviors for followers that supported the adherence to the laws themselves.  For example, one law stated thatif the witness proves to be a liar, giving false testimony against his brother, then do to him as he intended to do to his brother. You must purge the evil from among you.” The first part of this quote taught the importance of honor and truth in society.  This is a value that the Mosaic Code attempted to teach all of its followers.  Although the second part of the quote gave a punishment for the crime, the last part of the quote suggested that if these rules were to be followed, society will rid itself evil.  The purpose of this was to supply society with a common moral code and understanding of good and evil. In other words, the laws in the Mosaic Code taught its followers how to live moral lives and therefore respect why the laws were in place. Because society would then understand why these laws were written, they would be more respected and followed.  
Cultural diffusion blended values from Babylonian society into the legal structure of Ancient Israel.   Both Hammurabi’s code and the Mosaic Code contain laws and punishments that cover all aspects of society.  However, while Hammurabi’s code strictly used fear of death to demonstrate the importance of its laws, the Mosaic Code attempted to establish a common morality among its followers that would result in a greater appreciation and respect for its rules.  

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