Wednesday, May 23, 2012

Declaration of Rights vs. Hammurabi


The language, topic, and overall framework of the Declaration of Rights compared to Hammurabi's code of Laws are quite different. First of all, Hammurabi's code initiated because of Hammurabi ruling, whereas the Declaration of Rights was written and executed as a result of the genocide during World War 2.

In Hammurabi's code most of the articles end in, "they shall be killed" or, "they shall be put to death". In the Declaration of Rights everyone is entitled to equality, even more so than in Hammurabi's code. Another major difference between the two code's and what distinguish them from CE to the 1900's is the fact that Hammurabi's code includes slavery, whereas the Declaration of Rights prohibits enslavement. In both of these documents we see the right to trial, the right to property, and the right to individuality/freedom. In the Declaration of Rights, there are less torturous consequences than in Hammurabi's code of laws. In Hammurabi's code we see more "eye for an eye" and people being thrown into a fire if they break the law. 

Another major difference between the two is that the Declaration of Rights integrates significantly more social and moral values than Hammurabi's code. For example, "No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality," (Article 15 Declaration of Rights of Man). This represents the way in which law has evolved over the course of human history because it is a law based purely on equality and respect, which was not often present in our past. There were even laws against letting people express their nationalities and personal identities. Through events such as the Holocaust, the Apartheid, and genocides in Africa, people were discriminated based upon nationalities, religion, and personal identity. This law however shows progress across human history because society has evolved into more of a cyclical nature of respect.  Another example of how law has changed from lets say Hammurabi's code to the Declaration of Rights is, "no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks," (Article 12 Declaration of Rights of Man.) This includes protection by the government which was seldom present in laws before these. Terms such as "constitution, declaration, United Nations, the State, governmental authority, and society," appear in the Declaration of Rights, whereas none of those appear in Hammurabi's Code. In the Declaration of Rights we also see words referenced such as, "education, family, children, religion, nationality, protection, safety," which are cannot be found in Hammurabi's code. 

Overall the language and overarching messages/deeper meanings of the laws in the Declaration of Rights are more specific, modern, and just than those in Hammurabi's code. 

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