Gender and Class Bias in the Code of Hammurabi

Unequal Treatment of People in the Code of Hammurabi

People are often treated differently depending on their gender and social status. Such distinctions are evident in many situations and even prominent documents such as the Code of Hammurabi, which is considered among the most ancient legal texts (“Code of Hammurabi”). The Code of Hammurabi treats female individuals and poor persons distinctly from male people and those of wealthy backgrounds by imposing harsher punishments on the former and favoring the latter.

Examples

Marriage

One example of how differently the Code regards some individuals over others concerns spousal relationships. In the Law of Family and Divorce, clause #142 suggests that if a wife wishes to leave her husband, she must prove her innocence alongside the man’s guilt (“Code of Hammurabi”) if the woman can verify being harshly mistreated by her spouse, who is granted her dowry and can return to her father’s house. However, article #143 states that if the female person’s blamelessness cannot be proven, but she still wishes to leave, she will be thrown into the water (“Code of Hammurabi”). Consequently, the Code does not penalize a husband for wrongdoings but severely punishes a woman if she cannot prove her virtue.

Social Class

Another example of mistreatment in the Code involves people’s social class. In the Law of Assault, clauses #207 and #208, if an individual kills someone, the penalty varies depending on the person’s background, requiring payment for some on a better rank (“Code of Hammurabi”). Accordingly, the Code of Hammurabi distinguishes between the worth of life based on one’s socioeconomic status in one’s community.

Gender

One more example of the Code’s mistreatment concerns both gender and social position. According to the Law of Assault, the punishment is different for a man striking a woman and leading to her miscarrying or dying, depending on her father’s status. Clauses #209-212 suggest that if the female individual is a commoner’s daughter, the offender should receive a lesser penalty than the victim, being a child of a wealthier man (“Code of Hammurabi”). The Code distinguishes crimes against women based on their fathers’ ranking in society.

Works Cited

“Code of Hammurabi.” EHammurabi, Web.