What is Justice? Leaders throughout history have had to grapple with the task of creating just, or fair, laws. One such leader was Hammurabi. Hammurabi’s concern was creating just laws for the people of Babylonia 4,000 years ago.

With a partner, talk through the two cases below and discuss the questions that follow. In each case, you will consider justice in three ways: Is the outcome fair to the accused? Is the outcome fair to the victim? Is the outcome in the best interest of the general society?

Case A: Eddie is caught shoplifting a cell phone at Target. Eddie is 15 years old. It is the first offense. The police call his parents, and Eddie returns the phone. There will be no criminal record.
In judging whether this is fair handling of the case, ask:
Is it fair to Eddie?
Is it fair to Target?
Is it fair to society? Is it in the best interest of society?


Case B: J. D. is caught shoplifting a cell phone at Target. J. D. is 19 years old. This will be his third felony conviction, all for shoplifting. Because of the Three Strikes law, his state requires that he serve a minimum of ten years in prison with no chance of parole.
In judging whether this is fair handling of the case, ask:
Is it fair to J. D.?
Is it fair to Target?
Is it fair to society? Is it in the best interest of society?

Document B - Epilogue
… Hammurabi, the protecting king am I… That the strong might not injure the weak, in order to protect the widows and orphans,… I set up these my precious words, written upon my memorial stone, before the image of me, as king of righteousness.
…By the command of Shamash, the great god and judge of heaven and earth, let righteousness go forth in the land… Let no destruction befall my monument;… let my name be ever repeated; let the oppressed, who has a case at law, come and stand before this my image as king of righteousness; let him read the inscription, and understand my precious words…
… In future time, through all coming generations, let the king, who may be in the land, observe the words of righteousness which I have written on my monument; let him not alter the law of the land which I have given…
… If this ruler does not esteem my words,… if he destroys the law which I have given,… may the great gods of heaven and earth… inflict a curse…upon his family, his land, his warriors, his subjects, and his troops.

Source: Excerpts from the Epilogue of Hammurabi’s Code, circa 1754 BCE.

Document C – Family Law
Law 148: If a man has married a wife and a disease has seized her, if he is determined to marry a second wife, he shall marry her. He shall not divorce the wife whom the disease has seized. She shall dwell in the house they have built together, and he shall maintain her as long as she lives.
Law 168: If a man has determined to disinherit his son and has declared before the judge, “I cut off my son,” the judge shall inquire into the son’s past and, if the son has not committed a grave misdemeanor… the father shall not disinherit his son.
Law 195: If a son has struck his father, his hands shall be cut off.