In The Code of Hammurabi one notices the role of writing in Babylonian society which is to record occurrences and negotiations. This practice is evident in the mentioning of contracts and through words such as “draw up” scattered throughout the code. Writing is not used when the events in question was not be recorded. This is where the people call upon the Gods to bring candor to the situation, thus allowing humans to make a ruling. Ultimately, the code demonstrates a tendency in the Babylonian infrastructure to document agreements and when not possible swear an oath to validate information and the action taken from it.
In the code, writing is entangled with the negotiations of products. For example, it is written that if misfortune prohibits you from paying back an agreed debt, then for that year your debt is cancelled this is done by altering your contract-tablet (48). This shows that writing is used to certify an initial agreement, and later to change it according to the circumstances. Furthermore, writing and written documents are used as proof and evidence of an agreement between two parties. This use of writing does not only apply to business, but miscellaneous matters as well. For example, “If a man take a wife and do not draw up a contract with her, that woman is not a wife” (128). In this scenario marriage is authenticated when there is written proof of it. If there is no written evidence then there is no marriage in Babylonian society. Through these examples we can sense that in Babylonian society arrangements are only recognized when there are written.
“If a man purchase silver or gold ... without witnesses or contracts, or if he receive (the same) in trust, that man shall be put to death as a thief” (7). Reading Hammurabi’s code one notices the emphasis put on having evidence supporting a transaction. From the excerpt, one can begin to see the importance of writing down these agreements, so much so that if written documentation, or any sort of proof, of the arrangement was not shown one could be put to death. Ultimately, in Babylonian society a contract is necessary when dealing with tangible products like silver, gold, or etc..
In general terms the code is an agreement between the people and themselves to follow a set of rules if one wishes to be part of the society. An important reason for writing down the code lies in the fact that it is inconvenient to write a law for every possible legal issue that may arise in a society, thus if one writes down several laws that act as a general moral compass then this can be used as a point of reference to judge future events. This is similar to how the Constitution of the United States is used in the modern day, and how judges determine if cases are constitutional thus validating the decision they make afterwards. Hence, legal decisions made in Babylonian society are in concurrency with Hammurabi’s code of law.
In the cases where oaths are sworn instead of using written documentation the aim still remains to validate information. The code gives an account of three laws that specifically deal with the theft or loss of property, all of which are in part solved by swearing an oath (23,103,126). The reason for using the oath is that the two parties who witness the crime are biased to their own plight. This is why the Babylonians rely on the morality of the Gods which in their eyes is unbiased and fair, and validates any information given under their supervision. This concept on relying on the Gods to provoke truthful answers is not exclusive to the ancient Babylonians. We can see this premise exercised in our modern judicial system, in which witnesses in court swear to tell the truth. Furthermore, in the code we find that just like written confirmations, oaths are also used in the personal sector . “If a man accuse his wife and she has not been taken in lying with another man, she shall take an oath ... and she shall return to her house” (131).
Conclusively, Hammurabi’s code illustrates the importance the Babylonians gave to record-keeping and authenticizing agreements through the use of writing. This tendency stretch from the economical to the personal sectors in Babylonian life. When written documentation of an event or agreement was not available oaths were used instead to validate the information given.
