Comments by "" (@tekannon7803) on "Decoding the CODE of HAMMURABI" video.
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Professor Miano, could it have been that in legal cases before a judge, in those times a judge was able to punish offenders with his own idea of what the punishment should be, but that the defendant could use the Law Code of Hammurabi in his defense if for example, the judge’s sentence was too severe' The defendant’s attorney could argue that the Law Code of Hammurabi did not recommend death by hanging for this particular crime. Maybe what the Law Code of Hammurabi represented was a look at what all crimes would or could be judged by i.e., a standard or the recommended punishment, but that in society at the time, a judge would have had his own discretion to be able to sentence the defendant in spite of what the Law Code of Hammurabi dictated? It is fascinating to put oneself back so many thousands of years ago and try to imagine how things worked. I think we have to use the philosophy of water down the mountain in that water will take the path of least resistance going down a mountain, societies in those long-lost civilizations probably worked things out in a similar way, in the courts, the way they worked was to get something decided in the quickest and fairest way possible. They had their guidelines albeit The Code of Hammurabi, but it might have just been used to show that there were laws and there were proposed sentences for every crime if for example, a judge had no idea what punishment to inflict.
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