Podcast Summary: In Our Time – The Code of Hammurabi (BBC Radio 4, 12 March 2026)

Overview

This episode of "In Our Time," hosted by Melvyn Bragg, explores the Code of Hammurabi—one of the oldest and most influential bodies of law in human history. Joined by experts Francis Reynolds Shillito (Assyriology, Oxford), Selina Wisnam (Heritage of the Middle East, Leicester), and Martin Worthington (Middle Eastern Studies, Trinity College Dublin), the panel delves into Hammurabi’s reign, the physical and cultural context of the code, its contents, and its legacy in both ancient and modern law.

Main Themes & Purpose

• Investigate the origins, content, and significance of the Code of Hammurabi.
• Discuss Mesopotamian society, law, and the interplay of the divine and the legal.
• Examine how this ancient code influenced perceptions of law and justice and its lasting impact.

Key Discussion Points & Insights

1. Who Was Hammurabi? (02:29)

• Background: Hammurabi was king of Babylon around 1750 BC, originating from the Amorite people in Mesopotamia, near modern Baghdad.
• Legacy: Known for conquest, a long 43-year reign, and being immortalized in later history after the code’s discovery in 1901.
• Quote, Martin Worthington (02:42):
  "He was a thug, a conqueror, ... he hoovered up smaller kingdoms ... he made it big."

2. Mesopotamian Context (03:39)

• Geography: Mesopotamia—the “land between the rivers”—stretching over modern Iraq and beyond.
• Civilizational Significance: Birthplace of writing, cities, and nation-states; intersected with other great civilizations like Egypt.

3. The Stele: The Monument and Its Iconography (04:40)

• Physical Description: The most famous copy is a tall (2.25 m) basalt stele in the Louvre museum, combining imposing sculpture and cuneiform text.
• Imagery: It shows Hammurabi standing before the sun god Shamash, underscoring his divine authority.
• Survival Story: Looted by Elamites in antiquity, later found at Susa. The code survived due to its hard stone and prominence.
• Quote, Francis Reynolds Shillito (04:51):
  "...this enormous stone ... very impressive. It makes the viewer feel quite small, which I'm sure was the intention ..."

4. The Prologue and Divine Legitimacy (06:50)

• Prologue Content: Describes how gods chose Babylon and Hammurabi to ensure justice, banish evil, and protect the weak.
• Divine Authority: The gods, especially Marduk, are invoked to justify Hammurabi’s rule and legal edicts.
• Quote, Francis Reynolds Shillito (08:27):
  "He has absolute 100% divine authority, and particularly as a king of justice."

5. Babylonian Pantheon & Religion (08:34)

• Structure: Multiple city-based gods; Marduk as Babylon’s patron.
• Legal Repercussions: Gods are invoked to curse anyone altering the code.

6. Literacy, Accessibility, and the Law (09:56)

• Intended Audience: Despite declarations about public access, very few could actually read the stele due to literacy and script complexity.
• Symbol over Text: The presence of text symbolized justice, even if unreadable to most.
• Quote, Selina Wisnam (10:07):
  "But actually not very many people would have been able to read this ... the fact that there is so much text ... tells you that justice is something that is really valued ..."

7. Hammurabi’s Near-Divine Status in Art (11:05)

• Stele Imagery: King stands nearly on the same level as Shamash—unusual and indicative of exceptional status.
• Quote, Selina Wisnam (11:22):
  "...to portray himself as almost the same size as a God is really quite something ..."

8. The Practice of Law and Justice (12:21)

• Implementation Debate: Did the code function as enforceable law or as abstract guidance? Contemporary legal records and letters offer mixed evidence.
• Legal Procedure: Judges, oaths before gods, and “river ordeal” (trial by water) were part of the system.
• Quote, Martin Worthington (12:21):
  "One of the big debates ... is the extent to which it was actually a law code ... versus an abstract set of declarations ..."

9. River Ordeal: Divine Judgement (14:03)

• Method: The accused enters a river; survival = innocence.
• Comparison: More lenient than medieval equivalents (survival meant guilt in England).
• Quote, Martin Worthington (15:12):
  "In Mesopotamia, if you survive, you're more or less innocent."

10. Agriculture, Economy, and Law (15:48)

• Focus on Agriculture: Laws regulate property, contracts, and consequences for crop failure—a reflection of its central economic role.
• Ownership & Risk: Tenant farmers bore the cost of natural disasters.

11. Legal Structure & Omens (16:58)

• Conditional Format: Most laws structured as “if...then...”
• Relation to Omens: Pattern echoes the Babylonian system of omens, tying law and fate together.

12. Divination and Omens (19:13)

• Specialists Interpreted Signs: Professional diviners, ‘divine translators,’ interpreted sheep livers, stars, or even flour for omens.
• Access varied by Wealth: Pigeons (cheaper than sheep) or even flour for the poor.

13. Equivalence and Social Stratification (22:17)

• Eye for an Eye: The principle applies, but with stark social distinctions—financial recompense for harm to lower classes or slaves.
• Quote, Selina Wisnam (22:36):
  "If a man blinds the eye of another man, then he himself will be blinded. But that only applies if they are both of the upper class ..."
• Classes: Awilum (free citizens), Mushkenum (dependants/retainers), and slaves (wardum/amtam).

14. Judicial Corruption and Safeguards (25:33)

• Judges: The code anticipated possible corruption, setting out harsh penalties for crooked verdicts.
• Quote, Martin Worthington (25:44):
  "If a judgment issues a crooked verdict, then ... he shall not sit again with the judges in judgment ..."

15. Language and Interpretation (27:22)

• Akkadian/Babylonian: The code is written in a specific language and script, with experts debating terms’ inclusivity, e.g., “awilum” may (or may not) include women.
• Women in Law: References to female innkeepers and provisions for wives; some protections, but also harsh punishments.
• Quote, Francis Reynolds Shillito (28:38):
  "...she will be put to death for not turning them in ..."

16. The Code: Law or Royal Propaganda? (29:44)

• Application: Laws rarely cited as precedent; probably served to project royal ideals and justice.
• Quote, Selina Wisnam (29:59):
  "Maybe it's a bit like English case law ... these are not universal principles which are going to be followed in every case. But actually reality is very complex ... this could be more Hammurabi's vision of what a just society should look like."

17. Enforcement Across the Empire (31:32)

• Local Laws: Evidence shows Hammurabi often allowed local laws to persist in conquered territories, sometimes changing them at a later date.

18. Sources & Evidence for Daily Life (32:21)

• Cuneiform Tablets: Hundreds of thousands of records (contracts, letters, inventories) illuminate daily life and bureaucracy, sometimes outstripping what survives from later civilizations.

19. Rediscovery & Impact (33:54)

• Decipherment: 19th-century scholars cracked cuneiform, with rich international rivalries and implications for biblical studies.
• Victorian Fascination: Driven by ‘Empire and the Bible.’
• Quote, Martin Worthington (40:36):
  "Empire and the Bible ... On the one hand, this is a way of a colonial power ... on the other hand, the clay tablets are also telling us the story of Noah."

20. Decline of Hammurabi’s Dynasty (42:39)

• After Hammurabi: Successors struggled with unrest, debt, privatization, and urban decline, leading to the south’s abandonment.

21. Legacy: Modern Law and Memory (43:56)

• Influence: Parallels with biblical law (especially Moses), leading to Hammurabi’s image at the International Court of Justice and the US Capitol.
• Quote, Selina Wisnam (44:18):
  "There are many similarities between the lords of Hammurabi and the laws in the Bible. And so this puts Hammurabi in the line of tradition of a culture that people are already familiar with ..."

Notable Quotes & Memorable Moments

• "Most famous copy of Hammuravi's laws is on a beautiful black basalt or diorite stele in the Louvre ... very impressive. It makes the viewer feel quite small, which I'm sure was the intention ..." — Francis Reynolds Shillito (04:51)
• "He has absolute 100% divine authority, and particularly as a king of justice.” — Francis Reynolds Shillito (08:27)
• "If a man blinds the eye of another man, then he himself will be blinded. But that only applies if they are both of the upper class." — Selina Wisnam (22:36)
• "If a judgment issues a crooked verdict ... he shall not sit again with the judges ..." — Martin Worthington (25:44)
• "Judges do not refer to them when they're justifying any of their decisions. So it's actually quite a mystery. What were they actually for?" — Selina Wisnam (29:59)
• On Mesopotamian sources:
  "There are hundreds of thousands of cuneiform tablets. ... We actually know the names of Hammurabi's major administrators ... The written record from ancient Mesopotamia is absolutely unparalleled with any other civilization or culture in antiquity." — Martin Worthington and Francis Reynolds Shillito (32:38–34:57)
• "Empire and the Bible" as the root of Victorian fascination ... — Martin Worthington (40:36)

Key Timestamps by Topic

• Hammurabi’s Background: 02:29–03:51
• Mesopotamia Overview: 03:51–04:40
• The Stele & Its Inscription: 04:40–06:20
• Divine Legitimacy & Prologue: 06:50–08:19
• Babylonian Gods: 08:34–09:56
• Literacy & Accessibility: 09:56–11:05
• Law and Justice in Practice: 12:21–16:58
• Social Classes in Law: 22:17–25:33
• Judicial Corruption Safeguards: 25:33–27:34
• Women in the Code: 27:51–29:44
• Law or Propaganda?: 29:44–31:32
• Sources for Daily Life: 32:21–34:57
• Victorian Rediscovery: 40:22–42:32
• Dynastic Decline: 42:32–43:56
• Modern Legacy: 43:56–44:46

Bonus & Afterthoughts (45:08 onwards)

• Teaching Impact: The code’s laws are common first texts for Akkadian students today. (45:12)
• Language Reconstruction: Pronunciation derived from connections with Hebrew and Arabic, transcriptions, and spelling patterns. (46:01)
• First Law Radicalism: Deterrence against false accusation—a marked shift from earlier codes. (47:47)
• Medical Fees: Ordinary people paid less for care—an early form of social equity. (48:20)
• Bible Connections: The discovery of older Mesopotamian stories challenged and influenced 19th-century religious thought. (49:31–50:28)
• Academic and Political Controversy: Notably, Delitzsch’s “Babel und Bibel” lectures stirred debate about Babylonian vs. biblical originality. (50:30–51:22)

Conclusion

The Code of Hammurabi stands as a multifaceted monument: a legal document, a tool of royal propaganda, and a source of fascination from ancient Babylon to the modern age. Its blend of strictness and flexibility, symbolic authority, and remarkable preservation make it one of the cornerstones in the history of law, morality, and the interplay between power and justice.

For Further Listening

Next episode: The Poetry of John Keats.
Reading list for this topic available in the podcast description.