Final answer:
Hammurabi's code differentiated based on social class, leading to disparities in legal treatment where noble individuals often received lighter penalties than commoners for the same offenses. The law also displayed gender inequality, and various factors such as age and health could influence the severity of punishments, reflecting the hierarchical structure of society.
Step-by-step explanation:
A major problem with Hammurabi's code is that it differentiated on the basis of social class, giving richer and more elite individuals more favorable treatment than poorer men. This differentiation is evident in how punishments were determined and administered. If a commoner committed an offense against a noble, the commoner might face a severe penalty. In contrast, if a noble were to commit the same offense against a commoner, the noble might only be required to pay a fine. This disparity in treatment under the law fostered a system where the same crime could result in vastly different consequences depending on one's social status.
This principle of social class distinction was exemplified in the saying 'an eye for an eye and a tooth for a tooth,' which was applied only to individuals within the same social class. An aristocratic elite, which included priests, official scribes, and military leaders, often received lighter sentences than lower-class individuals. Furthermore, the laws also addressed gender inequality, as men were allowed to have multiple wives and could divorce more freely, whereas women had limited rights for divorce and depended on dowries from their families for some form of legal protection.
In addition to the class-based legal system, a person's age, sex, mental and physical health, and relationship to the victim could also influence the severity of punishment received. This disparity in the application of the law reinforced the established social hierarchy within the Babylonian society and beyond, affecting various civilizations in ancient times.