Earliest sex laws
There are a number of ancient codes of law, of which the most frequently instanced is the
Babylonian Code of
Hammurabi. It has been stressed that the ruler Hammurabi was bringing up to date a corpus of
common law
which had long before his time been codified by Libit-Ishtar of Isin, by Ibi-Sin and by
Ur-Nammu of Ur; and by
earlier rulers of Sumer, as well as by Hammurabi's own ancestor, Samu-la-ilum of Babylon. As
one example
Ur-Nammu, a king of the third dynasty of Ur, dates to something in excess of two thousand
years before Christ.
There are provisions in the Libit-Ishtar law code for the penalization of extra-marital coitus.
Middle Assyrian laws
include the following - "If he has kissed her - the wife of another - they shall draw his lower lip
along the edge
of a blade and cut it off." In the Code of Hammurabi a man might divorce his wife at will but
must restore her
dowry and provide maintenance. Both parties to adultery were liable to drowning; incest was
punished by death
or exile seduction was punished by fines; sodomy is not mentioned. The later Hittite Code,
centuries after
Hammurabi but deriving from his code, is generally said to show a marked ethical advance.
For instance private
revenge, not uncommon in old Babylonian law, is only allowed in one case - where a husband
catches his wife
in adultery: if the wronged husband thereupon kills both his wife and her lover he is guiltless in
the eyes of the
law; but if he does not act at once the moment of just vengeance is passed and he must then
have recourse to
lawful procedures.