This act is, above all, remarkable for the names of the contracting parties, from which we can now recognise that people of different nationalities were allowed to make contracts in Nineveh with the same rights as the Assyrians. Thus the names of the witnesses Shushankhu and Kharmaza are Egyptian, and their original form could easily be restituted. The name of the woman Amat-Sula is Phœnician and reveals the name of an unknown divinity; literally it means servant of Sula.[f]
THE CODE OF KHAMMURABI
We have purposely approached the subject of Mesopotamian law from the Assyrian side, because the Assyrian laws represent the later forms of elaboration of the old Babylonian codes on which they are based. In conclusion, however, we shall present in its entirety the oldest known, and at present the most famous, of these ancient codes, that of king Khammurabi, that the reader may judge for himself as to the character of the judicial and feudal system that was in vogue in Babylonia in the third millennium before our era. This extraordinary document will repay the closest study on the part of anyone who takes the slightest interest in the evolution of human society. Until a comparatively recent date the name of Khammurabi, the ruler who first united the states of the Euphrates valley under one rule, and thus founded the Babylonian empire, was scarcely known, whereas now we have a large mass of material dating from his reign—his inscriptions, his letters, and lastly, most important of all, his code of laws. It is difficult to obtain more than a vague idea of a country merely from its name, or from the lists of its kings and their military exploits, which is all that we possess of most Assyrian and Babylonian kings. The real life of the people wholly escapes us. This reason alone would make this code inexpressibly valuable, because, by giving the laws which controlled the social and commercial life of the people, even to minute details, it gives a picture of the actual condition of the country.
Aside from its bearing on Babylonian civilisation, however, this code is one of the most important monuments in the history of the human race. It is the oldest known legal code in existence, antedating the Mosaic code by at least a thousand years, and older than the laws of Manu. It formed the basis of Babylonian legislation until the fall of the empire, and was compiled by a king living about 2300 B.C., whose rule extended from the Tigris to the Mediterranean. Khammurabi is generally identified with Amraphel, the contemporary of Abraham; and it cannot be questioned that these laws formed a part of the traditions which the Hebrews brought with them to their new home.
The Discovery of the Code
The monument containing these laws was not found at Babylon, as might have been expected, but at Susa (Shushan) in the so-called Acropolis. The discovery is due to the French excavating expedition under M. de Morgan, and was made in December and January of 1901-1902. The monument is a block of black diorite nearly eight feet high. It has been photographed and published with transcription and translation by Father V. Scheil,
g the Assyriologist of the expedition, in the Mémoires de la Délégation en Perse, tome IV, Textes Élamites Sémitiques. The whole inscription has since been translated by Dr. H. Winckler
h in Der Alte Orient, 4 Jahrgang, Heft 4, 1902, and the code alone by Rev. C. H. W. Johns,
i The Oldest Code of Laws in the World, Edinburgh, 1903.
The obverse of the stone contains a representation in bas-relief of Khammurabi receiving the laws inscribed beneath, from Shamash, the sun-god and god of right, who is pictured seated on a throne. The king stands in a respectful attitude before him. The inscription several times mentions the fact that the laws were given by Shamash; so the very interesting theory in The Times, London, of April 14th, 1903, that the god in the picture is Bel has not much foundation. This theory would connect the code more closely with the Biblical narrative. To quote from The Times,