It is not exactly accurate to say that the death penalty has existed as long as society has existed. Any type of social structure involves the need to develop rules and ensure that they are followed. From ancient times in which the harshness of punishments seemed to be a universal characteristic, to modern times in which the minimization of pain and suffering is the universal characteristic, the death penalty has always existed, excluding rare exceptions. In this article I will discuss capital law and punishment from 2050 BC to the present day. To begin, I will cover ancient legal codes, including the Code of Ur-Nammu, the Code of Hammurabi, the Hittite Laws, the Laws of Draco, and the Twelve Tables. I will also cover a transition period that includes medieval and colonial laws. Finally, I will discuss the Bill of Rights and the use of capital punishment in the United States after the Revolution. Around 2050 BC, Ur-Nammu became the founder and first king of the Third Sumerian Dynasty of Ur. He is considered the creator of the first known legal code in history. The Code of Ur-Nammu was written on tablets and consists of laws, court documents, litigation rules, and penalties for violations. The tablets were found damaged, so only 40 of the 57 laws could be reconstructed and translated (Finkelstein 66-67). Laws are written according to an if, then pattern. For example, "if a man commits murder, that man must be killed"; "if a man violates the right of another and deflowers the virgin wife of a young man, that male will be killed"; and “if a man commits robbery, he will be killed” (Finkelstein 69). This pattern, established by Ur-Nammu, is followed in almost all subsequent codes. Despite its age,...... half of the paper...... the Code of Hammurabi directly from the original monument, including the preface and all 282 laws. This helped me provide direct examples and allowed me to see which laws specifically included the death penalty.Kellaway, Jean. The history of torture and execution. New York: Lyons, 2000. Print. Kellaway provides a comprehensive and detailed look at the different forms of torture inflicted during the Middle Ages. I was able to use the list to choose a few examples of notable forms of torture that were implemented. Mousourakis, George. The historical and institutional context of Roman law. Burlington: Ashgate, 2003. Print. Mousourakis provides some background information on why the Twelve Tables were created and lists the laws for each table. This helped me provide examples and add some more information about them.
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