Thursday, June 28, 2007

Analyzes on Hammurabi Code

Hi, All these are some of my idea on Hammurabi Code to share with you all. So please comment me if I have any confusing on these code.

Code # 3:

If any one bring an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death.

Analyze:

This code mean that if you charge someone of guilty of a fault or charge someone on wrongdoing about criminal case but if you cannot prove to show any evidence that can put burden on defendant . Therefore he will be put o death. The desirable of code # 3 is trying to promote that you must have enough evidence to say someone is a guilty and this code # 3 is also want to give attention to people that don't falsely charge someone of committing with capital crime because there is punishment for saying someone is guilty without prove, and that punishment is to put you to death.
It we talking about human rights, according to Universal Declaration of Human Rights on article 3 said that "Everyone has the right to life, liberty and security of person" and article 5 said that " No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. " so we can see clearly that the punishment on Hammurabi code is very cruel and inhuman, because just saying someone is guilty is not a really big mistake that have take off his the plaintiff's life if what he said was wrong. Sometimes people did see someone is committing but just he doesn't have enough ability to prove it or to fine evidence so that person just file the complain to the court for help to find justice, but in contract, in Hammurabi code give no right to citizen for security. From my point of view I think that this code will make society disorder, because people will be getting fear of telling someone is committing a crime when they don't have evidence even that was real happed. Imagine if someone is an expert of killing or committed any crime he will never left any evidence unless there is a investigation so normal people wont have such ability to investigated unless the authority of the state.





Code # 6:

If any one steal the property of a temple or of the court, he shall be put to death, and also the one who receives the stolen thing from him shall be put to death.

Analyze:

This code means that if someone has stolen the goods of a temple or the court that person will be killed, and for someone who has received the stolen thing from the thief shall be put to death too. so it was a very serious to mess up with the temples goods or the couth. because of that time the state was ruled by the king and the king use the power of religious to control the country so the king pay very much attention to the temple goods, because in temple there are lots of expensive goods so people wanted to make sure that it was protected by the king, and also people in that time very respectful to their religious. So the king doesn't want people to lose faith in him. that is why the code #5 was created.
If we talking about Human Rights in this again article "3 and 5" on Universal Declaration of Human Rights. It's very cruel to punish people to death by just committed a stealing crime it is too much punishment, instead of killing it should be just put him to jail. Especially, for the receiver goods from the thief it's too much punishment because the buyer will never know if it's the temple goods or court goods if the seller dress very nice with formal outfit so it's a hard to make decision to think that if the seller is a thief or not.

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