The Legacy of The Code of Hammurabi

The Code Of Hammurabi is the most notable set of codified laws to date. Written
on a tall diorite stele, these laws were the foundation for what we know as
contemporary law. There are three laws that I believe carried over from circa
1700 BCE to now. The first law states that if a man has taken a wife and has not
executed a marriage contract, that woman is not a wife. This law is still very
much in effect today. There are certain government documents you need to sign
before a marriage takes place, along with religious documents if necessary. In
the province of Ontario, you need a marriage license along with a marriage
certificate, which you receive after you get married by a registered religious
officiant, such as a pastor, rabbi or cantor. As marriage is so important in the
Mesopotamian lifestyle, as noted in other laws, it was important for there to be a
contract for the marriage, which would most likely entail the details of the dowry
being paid. Secondly, the doctrine of innocence until proven guilty was
introduced, along with a punishment for those who falsely attempted to prove
someone guilty. . If any one bring an accusation of any crime before the elders,
and does not prove what he has charged, he shall, if it be a capital offence
charged, be put to death. In the contemporary law system, all citizens convicted
of a crime are innocent until they are proven guilty by a judge and jury. In
Hammurabis time, if a false accusation for a capital offence, such as murder,
rape or treason, is brought forth to the court and the defendant is proven
innocent, the accuser is murdered. Nowadays, if youre falsely accused of a

The Legacy of The Code of Hammurabi

crime, there are more ways to protect yourself, such as gathering all records and
physical evidence that you were not at the crime. However, if you falsely accuse
someone of a crime, you may face jail time or fines. Finally, if a person bears
false witness in a civil law case, they must pay the damages in that suit. This law
has become part of the Ten Commandments in Mosaic law and still bears true
today. In this law system, two or three witnesses were required to establish a
claim under civil law.A false witness can lie under oath during the judicial
proceedings to establish guilt or fault. This is also known as perjury. This law
from the Code of Hammurabi is the foundation of perjury. This crime carries a
maximum punishment of a fourteen (14) year prison sentence. In conclusion,
while the laws set out in the Code of Hammurabi may seem dated, there are a lot
of elements that are still relevant to how we live our lives on a day to day basis. It
is important to remember the foundations of law, and how the law has evolved
from c. 1700 BCE.

Ashley Offman
Ms. McInnes
CLU3M1
September 24, 2016

The Legacy of The Code of Hammurabi

Works Cited
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2016, from http://avalon.law.yale.edu/ancient/hamframe.asp
(2016). Ontario.ca. Retrieved 26 September 2016, from https://www.ontario.ca/page/gettingmarried#section-4
False Accusations - Charges, Penalties and Sentencing NSW. (2016). Armstronglegal.com.au.
Retrieved 26 September 2016, from http://www.armstronglegal.com.au/criminal-law/offences/
false-statements/false-accusations
Criminal Code. (2016). Laws-lois.justice.gc.ca. Retrieved 26 September 2016, from http://lawslois.justice.gc.ca/eng/acts/C-46/page-31.html#docCont
Perjury, Bribery and Contempt | Fight Your Tickets. (2016). Fightyourtickets.ca. Retrieved 26
September 2016, from http://fightyourtickets.ca/law/perjury-bribery-and-contempt/

Jack, S. (2014). Lying to the Police or the Court - Criminal Lawyer in Toronto | Stephen Jack.
Criminal Lawyer in Toronto | Stephen Jack. Retrieved 26 September 2016, from http://
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What Does It Mean to Bear False Witness? | Praise.com. (2016). Praise.com. Retrieved 26
September 2016, from http://praise.com/questions/what-does-it-mean-bear-false-witness