Western civilization - Essay Example

Western Civilization Ancient law is sometimes difficult for us in the modern age to understand. We have been raised with humanitarian concepts of forgiveness and acceptance of difference, but the ancient people saw difference as a threat and forgiveness could only be given once "appropriate" compensation had been offered. Looking at what has survived of the Roman Twelve Tables as compared to Hammurabis Code shows a great deal of similarities, but there are some subtle differences that may suggest a change in civilization.

The Hammurabi Code offers numerous specific situations and their solutions as compared to the Roman Tables. For example, in Hammurabis Code, people are permitted to bring accusations against another man before the elders, but there are specific ways in which the offending party can be collected, specific rules about what kind of punishments or fines might be incurred, specific rules about how to deal with false accusations, and specific directions to follow if the elders are later found to have been wrong (Halsall, 1998a).

By comparison, the Roman Tables state basic procedures to follow, but not specific punishments or fines that could be imposed in similar circumstances (Halsall, 1998b). As this example shows, Hammurabis Code leaves very little room for interpretation or deviation as compared to the more general guidelines seen in the Roman Tables. This suggests that there has been a change in civilization in that the Romans had people established who were supposed to interpret the law and apply it accordingly as compared to the Sumerians who were striving to create a code that could be applied without question.

Class differences were obviously a part of both cultures as they continue to be today, but they seem to have been treated with differently between Hammurabis Code and the Roman Tables. The Code reveals a great number of social classes. It lists freeborn men, freedmen, slaves, and women within these various classes. Many of the laws within this code indicate that there was flexibility between the classes - freeborn men could become slaves, slaves could become freedmen, etc. - and they each had their own protections.

For example, the code says: "If a State slave or the slave of a freed man marry the daughter of a free man, and children are born, the master of the slave shall have no right to enslave the children of the free" (Halsall, 1998a, 175). While Sumerian slaves were allowed to marry free daughters of free men, there was a much stricter limitation on the classes reflected in the Roman Tables where marriage between plebians and patricians is absolutely forbidden. In the Tables, there seems to be only the two classes - patricians and plebians.

Another difference that can be seen between Hammurabis Code and the Roman Tables is discovered in looking at the purpose of the laws. Hammurabis Code was written at a time when the kingdom was still forming and there wasnt a lot of loyalty to a single crown. As a result, the code attempted to show that everyone would be treated equally and fairly, including women. There are numerous protections set in place for wives to own property, to have some say in what they do and who they stay with. This is different from the Roman Tables in which women were expected to remain in guardianship for the entire span of their lives: "Females should remain in guardianship even when they have attained their majority" (Halsell, 1998b, V, 1).

The writing of the Tables gave the plebians a better chance of forcing patricians to stick to the law, but the patricians still held the power to have these laws interpreted to their favor. While a quick glance at the Code of Hammurabi and the Roman Twelve Tables might not reveal there were some changes to civilization between the creation of these laws, a closer look reveals a great deal of change. The classes have become sharply stratified and enforced, the rule of law is probably unequally applied, and the law has become less interested in rules of property as compared to rules of conduct.

While Hammurabis Code shows us a society intent on bringing about peace and harmony among different people, the Roman Tables show us a society more concerned with making people conform to a specific code of correct behavior. Works CitedHalsall, Paul. "Code of Hammurabi, c. 1780 BCE." Internet Ancient History Sourcebook. Fordham University. (June 1998a). Web. http://www.fordham.edu/halsall/ancient/hamcode.aspHalsall, Paul. "The Twelve Tables, c. 450 BCE." Internet Ancient History Sourcebook. Fordham University.

(June 1998b). Web. http://www.fordham.edu/halsall/ancient/12tables.asp