1. Complexity and Specialization: Hammurabi would be surprised by the sheer complexity and specialization of today's legal systems, with a vast network of laws, regulations, and case precedents governing various aspects of society. The concept of specialized courts, such as criminal, civil, family, and administrative courts, would be unfamiliar to him, as his code covered a wide range of legal matters without such specific divisions.
2. Legal Reasoning and Precedents: Hammurabi's system was based on a casuistic approach, where specific cases and corresponding punishments were clearly laid out in his code. He might find it unusual that modern courts rely heavily on legal reasoning, interpretation of statutes, and judicial precedents to determine the outcome of cases, rather than relying solely on predefined penalties.
3. Equity and Justice: Hammurabi's code emphasized a principle known as "an eye for an eye, a tooth for a tooth," where punishments were often retributive in nature. He would likely appreciate the emphasis on restorative justice and the pursuit of fairness in today's legal systems. The concepts of proportionality, mitigating circumstances, and rehabilitation might resonate with him, although he might also find it challenging to balance justice with mercy.
4. Rights and Freedoms: Hammurabi's code contained provisions that protected certain rights, but the concept of individual rights and freedoms as we understand them today was not fully developed in his time. He would be impressed by the emphasis on human rights, civil liberties, and the presumption of innocence in modern legal systems.
5. Separation of Powers: Hammurabi held both executive and judicial power, reflecting the centralized authority of ancient Mesopotamia. He might be intrigued by the concept of separation of powers, where the executive, legislative, and judicial branches of government operate independently to ensure checks and balances.
6. Procedural Fairness: Hammurabi's code included procedural safeguards, such as the requirement for witnesses and evidence. However, he would likely find the elaborate rules of evidence, the rights of defendants, and the adversarial nature of modern legal proceedings to be vastly different from his own system.
overall, Hammurabi would likely be impressed by the advancements and complexities of modern court systems, but he might also see some parallels in upholding justice and fairness, albeit with different approaches and understandings.