· 
Read the
following excerpt from the Code of Hammurabi, make a guess as to the intent of
the law and its subsequent punishment, written in one paragraph. In another
paragraph, discuss what this law might have to say about Babylonian
civilization. If you are unable to post your paragraphs on the blog, please be
sure to print them, and bring them to class.
“If a
female tavern-keeper does not accept corn according to gross weight in payment
of a drink, but takes money, and the price of the drink is less than that of
the corn, she shall be convicted and thrown into the water.”
15 comments:
I believe that the intent of this law was to keep the female tavern keepers from cheating their patrons. This law seems to indicate that money was valued above corn in Babylonian society. This might explain why the law maintains that if the amount of corn offered covered the price of the drink, the tavern keeper had to accept corn as the form of payment. The law also states that if the female tavern keeper disobeys this law, "she shall be convicted and thrown into the water." This implies that the female tavern keeper would automatically be convicted if one of her patrons accused her of breaking the law, and that there be no trial. The phrase "thrown into the water" leads us to believe that offender would be sentenced to death by drowning, and would probably have been viewed as some sort of sacrifice to the river god.
Also, this law is an example of the social prejudices in Babylonian society. In the Code of Hammurabi, the penalties for lawbreakers were more harsh for those of a lower rank, and more lenient for those of a higher rank. This law demonstrates not only that female taverns keepers could be sentenced to death for misdemeanors, such as "cheating" a patron, but that the word of the patron would be taken over the female tavern keepers when determining whether or not she had broken the law. This law seems as though it was meant to insure that rank was preserved between female tavern keepers and their patrons, since both knew that an accusation against the female tavern keeper on the part of the patron could result in her death.
The intent of the law is to keep the female tavern-keeper (Alewife) from cheating out the owner of the tavern. The Alewife might be more inclined to accept money over corn, even if the payment in corn is worth more than the money, and that’s why it needed to be against the law. The reasons for why the Alewife might accept money over corn could differ, but I think one reason might be that if the Alewife was dishonest, money would be much easier to steal without being noticed. The owner of the tavern, on the other hand, might make more money by re-selling the corn or using it to make food or drink. As for the punishment, I think it is so severe (a death penalty) because, in the belief of the Babylonian civilization, cheating the owner of the tavern would probably be equivalent to cheating the goddess of Ale who the Alewives swore to serve all their lives.
The most prominent thing this law says about Babylonian civilization is the poor way they treated women. Although the financial benefits might seem better if a young lady chose to be an Alewife over a wife, it wasn't at all a much more respected position. Not only is the punishment harsh, but the form of the punishment—drowning—is horrible as well. This also shows how cruel most laws probably were in the Babylonian civilization. There wasn't a lot of room for mercy or compassion.
This law was put into place to make sure that the female tavern-keeper or Alewife, accepted more than just hard money as currency. Previously, before the law was formed, an Alewife was able to demand what form of currency she required for her beer. The law was set to force the female tavern-keeper into fair business practices. For instance, if a farmer could only afford to pay for his beer in corn, than the alewife should then accept the corn and honor it for its equal weight in money. It is understandable that resources such as silver and gold were much more appealing than a bag corn at the time, however the Babylonian society wanted to train there women in proper business. Sadly, even a small mistake or deceit on the part of the Alewife in regards to currency, resulted in being "thrown in the water" meaning drowned. However harsh this law may seem, it was meant to send a message to the people that these laws were not to be broken or trifled with.
Interestingly,the laws of the Babylonian society highly stressed the need for justice and encouraged morality. There are many similarities between these laws, and the laws that God gave to Moses for the Israelites. However, unlike the laws of Moses, the Babylonian laws contained many injustices. Such as punishment based on your position in society rather than God's laws of equal punishment for all people. Also, God's laws allows room for mercy and compassion, where as the laws of the Babylonians are often times cruel and with little room for mercy.
This law was put in place to insure that Alewives accepted all sorts of currency, not just the most valued. Presumably, gold or sliver was far more appreciated then a bag of corn, regardless of the amount of corn. Previous to the making of the law, Alewives could legally refuse to distribute their drink if the payment was not what they deemed expectable. Imagine walking into McDonalds with your credit card to buy a burger and the cashier tells you he ONLY excepts cash! There needed to be a law to force the Alewives to be fair businesswomen. Unfortunately, the Babylonian society was harsh. Even the smallest mistake could land you in a coffin, or somewhere worse. The law says "she shall be convicted and thrown in the water," to me, this pretty clearly states that Alewife would be drowned. This seems unreasonably cruel, but the brutal punishment was intended to be "scary" so that the Alewives wouldn't break the law.
Only by looking at this small section of the Code of Hammurabi, we can clearly see the way of life these people lived. They were dictated by savage laws that were intended to create a "perfect" society. Sadly, they were missing the most important ingredient: God. Rules and laws can scare people into submission, but they create an uptight society that is always fearing and watching for bad things to happen. This is not a peaceful or "perfect" way to live, but this IS the way the Babylonian civilization lived.
This law seems to have two provisions. The first is that a female tavern keeper could not take money for a drink; she had to take corn. She also had to make sure that the worth of the drink was equal to the worth of the corn. Basically, no cheating. If the tavern keeper cheated her customer, she would be thrown into the water. The intent of this law and its punishment was to prevent patrons from losing money. I am not sure why the female tavern keeper had to let her patrons pay in corn. I could see why she might have had to accept whatever the customer had to pay with, but I think it sounds like she couldn’t be paid in money at all. I did some research, and coined money was becoming more prevalent around this time. Many of the laws in Hammurabi’s Code mention money (like the mina). So if anyone else figured that out, please enlighten me.
This particular law tells us two things about Babylonian civilization. First, a person’s rank was very important. Female tavern-keepers (or ale-wives) were not highly respected people. They would be considered of a lower rank than other people. The law says that if she cheated her patron, she would be [automatically] convicted. The only evidence that the patron was cheated would be the patron’s word. Second, the Babylonians strongly believed in the justice of the gods. To be “thrown into the water” meant that the supposed guilty person would be thrown into the Euphrates river, which was viewed as a god. If the person floated back to the shore, he or she was innocent. If the person sunk, he or she was guilty. From this law we can conclude that the Babylonians believed in justice, but it was justice based on a person’s rank and the will of their gods, who unfortunately were nonexistent.
The intent of the law was to keep the alewives from cheating on her customers. Paying in corn made sure that the weight of the corn equaled the weight of beer. The law kept the alewives from overcharging on beer and then giving a smaller amount of beer back. The reason that she would have to be thrown into the water and have such a cruel punishment would make sure that no one would break this law. Death was a much harsher and permanent way to show that it was not acceptable to break the law.
The Babylonian civilization was all about an eye for an eye and a tooth for a tooth. There was no mercy or grace. This law demonstrates the harshness of the other laws in the Code of Hammurabi. One can try to imagine living in the Babylonian civilization and how hard it would be to make sure that one was not doing anything wrong. The cruel punishments for wrong doings were there to create a society that was at peace with one another. The laws in Babylonia could not achieve that perfectly though. Our hearts are bent towards evil and it is impossible to follow any law (no matter how harsh of a punishment) without God. If one thinks about it, the punishment for sin is death. Even though we know that is the ultimate punishment we keep sinning. Thankfully, unlike Hammurabi, our God forgives us and has taken away the punishment for our sin through Jesus Christ death on the cross.
I think that the intent of this was to make sure that the alewives don't cheat, and take more money than they should. The law is there so that the alewives don't price the drink more than the gross weight of the corn, if they are they are disobeying the law. This might be so that the alewives gets paid in more than just money. The punishment for disobeying the law is being "convicted and thrown into water." This implies that she will have a trial, but will always be convicted. I also think that this is a death sentence, and that she is being drowned, and not just lightly tossed in water.
I think that this law explains that the Babylonians lived a very fear filled life. The punishments from the Code of Hammurabi are always very severe, even for the slightest wrongdoing. Interestingly enough, many of these laws are similar to the laws God gave Moses. But the punishments are extremely different, the Code of Hammurabi's laws are much more severe, while God's laws are more merciful. I am glad that we have a loving and merciful God, and not a ruler like Hammurabi.
I think that the intent of this law is to keep female tavern owners honest. This could have been a major problem, if they had to put a law in place to stop it. As for the punishment, I believe it is a bit harsh. Nowadays, petty theft would be punished with jail, but definitely not death.
What does this say about Babylonian civilization? I’m pretty sure that this law was into place by men, because it only specifies female tavern-keepers. Perhaps Babylonians believed women were below men. It also shows that Babylonians were harsh and granted no mercy. There is no mention of a second chance or a warning. It simply states, “You cheat, you die.”
I am glad modern American civilization is more gentle.
The intent of this law seems to be to encourage corn as an alternative to standard currency. In this stage of human history, amounts of corn small enough to carry around corn would still have a decent value. Corn would also be common enough to facilitate simple day-to-day purchases, such as a drink in a tavern. Corn payments might not work so well for larger transactions, but it could be relied on for small purchases. However, the punishment seems to be somewhat arbitrary compared to the crime. If the spirit of Hammurabi’s code was “an eye for an eye”, then I fail to see the connection between improper corn valuation and being cast into the sea. The only real connection seems to be that both the drink and the water are composed of liquid.
The law itself gives much insight into the ancient ways of living, specifically those of Babylon. Firstly, the fact that the law only applies to female tavern-keepers shows distrust toward women in Babylon, but that was hardly unique in ancient cultures. It also shows that corn had significant value in ancient Babylon as previously discussed. Finally, on a more specific level, it shows the detailed craftsmanship of Hammurabi. This law is so specific in its conditions and punishments that the time of the law’s creation is astounding.
The intent of this law appears to be to stop female tavern-keepers, then known as alewives, from cheating others. To fail to accept a payment for a drink when the payment was greater than the price of the drink is clearly unjust. The punishment for this offence states that the offender "shall be convicted and thrown into the water." This punishment at first seems cryptic; was the accused to be drowned, or simply gotten wet? However, the belief at the time was that if an accused person threw themselves into the Euphrates River, the river itself would prove the persons guilt or innocence. If the person washed up on the shore, the gods had saved them because he or she was innocent. However, if the person drowned, the gods had let him or her do so because the person was guilty.
This law sheds a surprisingly large amount of light on Babylonian civilization. First, it shows some of what Babylonians must have believed about their gods. They must have believed that their gods had an influence on day-to-day life, and they also must have believed that their gods cared about justice. Second, the law also indicates that the Babylonians themselves were determined to see justice done. If the person was guilty, the punishment was supposed to kill them. According to this law, any injustice was to be weeded out of Babylonian society; none was to be left alive. Altogether, this law clarifies quite a lot about Babylonian society.
This law was put in place so that an alewife can't cheat her customers. If she accepts money instead of corn for a drink, and if the drink is worth less than the corn, the only person who beneifts from this is the alewife. Obviously, this is a punishable offense. In addition, this law seems to give tavern-keepers a job as to accept corn as well as silver, not just one or the other. But the main focus of the law is equity and making sure the tavern keeper does not cheat others in her work. As a result of breaking this law, the alewife would be convicted at once and thrown into the water. In other words, she would drown.
Hammurabi’s laws can be summarized by the statement, “An eye for an eye, and a tooth for a tooth.” Most of his laws are based on the idea of equity. This law seems a bit harsh and maybe instead she could just pay back those she wronged. But regardless of the severity of the punishment, Hammurabi was a successful ruler and his laws are one of the reasons for this. If he makes strict laws, after a few people have broken them and been punished, others will see this and, fearing for their own lives they will end up living by the laws instead of breaking them. The Babylonians were a part of one of the most prominent empires of the ancient world, and Hammurabi's laws established law and order and were an important part of the success of his empire.
This law was put in place so that an alewife can't cheat her customers. If she accepts money instead of corn for a drink, and if the drink is worth less than the corn, the only person who beneifts from this is the alewife. Obviously, this is a punishable offense. In addition, this law seems to give tavern-keepers a job as to accept corn as well as silver, not just one or the other. But the main focus of the law is equity and making sure the tavern keeper does not cheat others in her work. As a result of breaking this law, the alewife would be convicted at once and thrown into the water. In other words, she would drown.
Hammurabi’s laws can be summarized by the statement, “An eye for an eye, and a tooth for a tooth.” Most of his laws are based on the idea of equity. This law seems a bit harsh and maybe instead she could just pay back those she wronged. But regardless of the severity of the punishment, Hammurabi was a successful ruler and his laws are one of the reasons for this. If he makes strict laws, after a few people have broken them and been punished, others will see this and, fearing for their own lives they will end up living by the laws instead of breaking them. The Babylonians were a part of one of the most prominent empires of the ancient world, and Hammurabi's laws established law and order and were an important part of the success of his empire.
Several of Hammurabi’s Code of Law is very specific to who it applies, yet these laws can be extended to help a human being in a way that he or she should run his or her trade or moral standard. This law of Hammurabi was intended for the female tavern-keepers to accept what payment is offered to them in return for a drink. These tavern-keepers were to accept the payment unless it is less than the price of the drink, or else they would be thrown into the water either as a sacrifice to one of their gods, or simply a punishment for their wrong doings. This law could be expanded out to more than just the women tavern-keepers, but to others who's work is done through trade. Although it may be extend the consequence would be strict to those it truly applies. This law was written because like all laws it has happened before and in order to have stop the chaos in the area being governed over a law must be put in place. The consequence for this specific law was put in place for fear of public shame for the wrong that was done.
This law reveals some things about the culture of the Babylonians . One thing that is very apparent is that the Babylonians were selfish people. This conclusion is drawn from the fact that first human beings are fallen, secondly that the women tavern-keepers would cheat there costumers in paying them more than what the drink was worth, or thirdly that the tavern-keepers would require you to pay with something they wanted rather than what the costumer had available to give them. Even though humanity is fallen there should be no excuse for selfishly not taking the payment your consumers are offering, and requiring them to give you something different, but the consequence is to strict for for the wrong done.
Oops, had a bit of problem finding this page :)
The intent of the excerpt of the Code of Hammurabi is to require alewives to accept more than one form of payment for their services. It is most probable that corn was not as desired of a payment as coins were of that day. Therefore, the Code of Hammurabi is stating that if the alewife does not accept a greater value of corn than the drink was worth, she would be tried in court and drowned (not in the courtroom).
This law can show many things about the Babylonian culture, but the ones most apparent are that currency in the form of coins was more valuable than corn, alewives were not a very respectable and valued facet of the civilization, and that the forms of court conviction were rather harsh and VERY un-enjoyable.
This exerpt from the Code of Hammurabi attempts to prevent any cheating from female tavern-keepers, or Alewives. As representatives of the god of beer, Alewives were under this harsh law to prevent them from cheating and not serving the beer god correctly, searching personal gain by having those in want of beer pay more than what the beer was actually worth. The subsequent punishment--to drown in a river or other body of water would further give the Alewives an incentive to obey the law, but would also carry the message that the gods or the law were not to be trifled with, even if it's something as "small" as cheating.
This brings up the point that this law gives a valuable insight into Babylonian culture. There was very little political freedom for those out of the respected rich or middle class, especially Alewives. Those without the protection of a husband or those who were very poor were considered to be expendable and of little worth (expect for service and work). Although the Babylonian culture had many advantages from other cultures, it is safe to say that when it came to freedom and justice to all classes, the Babylonians definitely fell short.
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