The Code Of Hammurabi
Although the boundaries of law affect our lives on a daily basis,
and our own society continually uses legal coercion as a means to modify
human behavior, the very notion of such binding human guidelines is
testament to the evolution of secular thought. The evolution of “legal
positivism,” which can be defined as tangible procedural law, created by
man, codified and conventional, has emerged with mankind's ability to
distinguish between secular and divine authority. To understand the
differences between secular and divine law, we must first realize the
different species of law that have bound man throughout history. These are,
specifically, divine law, natural law and human law. The ...
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distinguish between the
spheres of the secular and vernacular. To prove these points, I also
intend to explore Hammurabi's codification of natural law, and Socrates'
interpretation of the state of legal positivism in ancient Greece.
Although misguided, the ancient Egyptians systemically subscribed
their lives to divine authority and law. This is due to their culture's
unique co-habitation of secular life and vernacular authority. The source
of authority in Egypt, pharaoh god-kings, were the embodiment of human body
and divine spirit, hence, no distinction existed between secular and human
coexistence in ancient Egypt. Because “gods” and humans both existed on
the same earthly plane, ancient Egyptians were unable to distinguish
between the disparate concepts of secular and vernacular authority.
Egyptians believed their pharaohs to be gods, and worshipped them
accordingly.
"Oho! Oho! Rise up, O Teti!/ Take your head
Collect your bones/ Gather your limbs,
...
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Natural law subscribes to the predictability of human nature, and to the
belief human nature is fundamentally unchanged and universally applicable.
A state of natural law exists when no legal authority or divine law is in
place to modify human behavior or impulse. Natural law is contrasted with
legal positivism, tangible and procedural laws created to modify human
behavior, which can be considered the proactive enactment of civilized
society.
Hammurabi's code, compiled to curb natural law, became the first
form of procedural justice recorded in human history. These judgements,
which sought unified temporal retribution for various grievances, were the
first examples of secular ...
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"The Code Of Hammurabi." Essayworld.com. September 15, 2005. Accessed April 20, 2024. http://www.essayworld.com/essays/The-Code-Of-Hammurabi/33336.
"The Code Of Hammurabi." Essayworld.com. September 15, 2005. Accessed April 20, 2024. http://www.essayworld.com/essays/The-Code-Of-Hammurabi/33336.
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