Retributive justice in the context of "Hammurabi"

⭐ In the context of Hammurabi, retributive justice is considered to be demonstrated through which aspect of his legal code?

Ad spacer

⭐ Core Definition: Retributive justice

Retributive justice is a legal concept whereby the criminal offender receives punitive damages proportional or similar to the crime. As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (e.g., schadenfreude, sadism), and employs procedural standards. Retributive justice contrasts with other purposes of punishment such as deterrence (prevention of future crimes), exile (prevention of opportunity) and rehabilitation of the offender.

The concept is found in most world cultures and in many ancient texts. Classical texts advocating the retributive view include Cicero's De Legibus (1st century BC), Immanuel Kant's Science of Right (1790), and Georg Wilhelm Friedrich Hegel's Elements of the Philosophy of Right (1821). The presence of retributive justice in ancient Jewish culture is shown by its mention in the law of Moses, which refers to the punishments of "life for life, eye for eye, tooth for tooth, hand for hand, foot for foot" as also attested in the Code of Hammurabi. Documents assert similar values in other cultures, though the judgment of whether a particular punishment is appropriately severe can vary greatly across cultures and individuals in accord with circumstance.

↓ Menu

>>>PUT SHARE BUTTONS HERE<<<

👉 Retributive justice in the context of Hammurabi

Hammurabi (/ˌhæmʊˈrɑːbi/; Old Babylonian Akkadian: 𒄩𒄠𒈬𒊏𒁉, romanized: Ḫammu-rāpi; Akkadian: [xammuˈraːpʰi]; c. 1810 – c. 1750 BC), also spelled Hammurapi, was the sixth Amorite king of the Old Babylonian Empire, reigning from c. 1792 to c. 1750 BC. He was preceded by his father, Sin-Muballit, who abdicated due to failing health. During his reign, he conquered the city-states of Larsa, Eshnunna, and Mari. He ousted Ishme-Dagan I, the king of Assyria, and forced his son Mut-Ashkur to pay tribute, bringing almost all of Mesopotamia under Babylonian rule.

Hammurabi is best known for having issued his eponymous code, which he claimed to have received from Shamash, the Babylonian god of justice. Unlike earlier Sumerian law codes, such as the Code of Ur-Nammu, which had focused on compensating the victim of the crime, the Law of Hammurabi was one of the first law codes to place greater emphasis on the physical punishment of the perpetrator. It prescribed specific penalties for each crime and is among the first codes to establish the presumption of innocence. They were intended to limit what a wronged person was permitted to do in retribution. The Code of Hammurabi and the Law of Moses in the Torah contain numerous similarities.

↓ Explore More Topics
In this Dossier

Retributive justice in the context of Murder

Murder is the unlawful killing of another human without justification or valid excuse committed with the necessary intention as defined by the law in a specific jurisdiction. This state of mind may, depending upon the jurisdiction, distinguish murder from other forms of unlawful homicide, such as manslaughter. Manslaughter is killing committed in the absence of malice, such as in the case of voluntary manslaughter brought about by reasonable provocation, or diminished capacity. Involuntary manslaughter, where it is recognized, is a killing that lacks all but the most attenuated guilty intent, recklessness.

Most societies consider murder to be an extremely serious crime, and thus believe that a person convicted of murder should receive harsh punishments for the purposes of retribution, deterrence, rehabilitation, or incapacitation. In most countries, a person convicted of murder generally receives a long-term prison sentence, a life sentence, or capital punishment. Some countries, states, and territories, including the United Kingdom and other countries with English-derived common law, mandate life imprisonment for murder, whether it is subdivided into first-degree murder or otherwise.

↑ Return to Menu

Retributive justice in the context of Revanchism

Revanchism (French: revanchisme, from revanche, "revenge") is a policy or political doctrine aimed at a revenge or the reversal of the losses incurred in previous political or military defeats, most commonly, the incurred territorial losses. The term revanchism originated in 1870s France in the aftermath of the Franco-Prussian War among nationalists who wanted to avenge the French defeat and reclaim the lost territories of Alsace-Lorraine.

Revanchism draws its strength from patriotic and retributionist thought and is often motivated by economic or geopolitical factors. Extreme revanchist ideologues often represent a hawkish stance, suggesting that their desired objectives can be achieved through the positive outcome of another war. It is linked with irredentism, the conception that a part of the cultural and ethnic nation remains "unredeemed" outside the borders of its appropriate nation-state.

↑ Return to Menu

Retributive justice in the context of Show trial

A show trial is a public trial in which the guilt or innocence of the defendant has already been determined. The purpose of holding a show trial is to present both accusation and verdict to the public, serving as an example and a warning to other would-be dissidents or transgressors.

Show trials tend to be retributive rather than corrective, and they are also conducted for propagandistic purposes. When aimed at individuals on the basis of protected classes or characteristics, show trials are examples of political persecution. The term was first recorded in 1928.

↑ Return to Menu

Retributive justice in the context of Criminal justice

Criminal justice is the delivery of justice when a crime is committed. The criminal justice system is a series of government agencies and institutions. Goals include retribution, reformation and rehabilitation of offenders, preventing other crimes, and support for victims. The primary institutions of the criminal justice system are the police, prosecution and defense lawyers, the courts and the prisons system.

↑ Return to Menu

Retributive justice in the context of Revenge

Revenge is defined as committing a harmful action against a person or group in response to a grievance, be it real or perceived. Vengeful forms of justice, such as primitive justice or retributive justice, are often differentiated from more formal and refined forms of justice such as distributive justice or restorative justice.

↑ Return to Menu

Retributive justice in the context of Feud

A feud /fjuːd/, also known in more extreme cases as a blood feud, vendetta, faida, clan war, gang war, private war, or mob war, is a long-running argument or fight, often between social groups of people, especially families or clans. Feuds begin because one party perceives itself to have been attacked, insulted, injured, or otherwise wronged by another. Intense feelings of resentment trigger an initial retribution, which causes the other party to feel greatly aggrieved and vengeful. The dispute is subsequently fueled by a long-running cycle of retaliatory violence. This continual cycle of provocation and retaliation usually makes it extremely difficult to end the feud peacefully. Feuds can persist for generations and may result in extreme acts of violence. They can be interpreted as an extreme outgrowth of social relations based in family honor. A mob war is a time when two or more rival families begin open warfare with one another, destroying each other's businesses and assassinating family members. Mob wars are generally disastrous for all concerned, and can lead to the rise or fall of a family.

Until the early modern period, feuds were considered legitimate legal instruments and were regulated to some degree. For example, Montenegrin culture calls this krvna osveta, meaning "blood revenge", which had unspoken but highly valued rules. In Albanian culture it is called gjakmarrja, which usually lasts for generations. In tribal societies, the blood feud, coupled with the practice of blood wealth, functioned as an effective form of social control for limiting and ending conflicts between individuals and groups who are related by kinship, as described by anthropologist Max Gluckman in his article "The Peace in the Feud" in 1955.

↑ Return to Menu

Retributive justice in the context of Deterrence (legal)

Deterrence in relation to criminal offending is the idea or theory that the threat of punishment will deter people from committing crime and reduce the probability and/or level of offending in society. It is one of five objectives that punishment is thought to achieve; the other four objectives are denunciation, incapacitation (for the protection of society), retribution and rehabilitation.

Criminal deterrence theory has two possible applications: the first is that punishments imposed on individual offenders will deter or prevent that particular offender from committing further crimes; the second is that public knowledge that certain offences will be punished has a generalised deterrent effect which prevents others from committing crimes.

↑ Return to Menu