Crime has existed for as long as humanity itself. Or has it?
At first glance, it seems obvious. People have stolen, killed, and betrayed one another since the dawn of time. But crime, by definition, requires the existence of laws, and laws do not naturally occur. They must be created, agreed upon, and enforced. A transgression can only be labeled as criminal if it breaks an established rule. This leads to the question: when did crime truly begin?
Even in religious texts, the idea of wrongdoing is present from the very beginning. In the Bible, Eve took a bite from the forbidden fruit, an act that defied divine command and led to the expulsion of humanity from paradise. Cain, in a fit of jealousy, killed his brother Abel, committing what could be considered the first recorded murder. These stories suggest that long before societies wrote down their laws, there was already an understanding that certain actions had consequences, whether enforced by divine punishment or by the community itself.
If we follow this idea, crime has existed for as long as there have been rules to break. The first laws may not have been written on tablets of stone, but they were spoken, understood, and enforced in ways that shaped the structure of early human societies.
Before the Written Word: The Role of Oral Law
In the earliest human societies, rules were not written down. Small, nomadic groups functioned under oral traditions, where laws were not rigid statutes but flexible agreements passed down through generations. These laws were enforced by custom, reputation, and communal memory. A hunter who took more than his share or a tribesman who attacked another might face banishment, a form of punishment that, in survival-based societies, could be worse than death.
These unwritten laws were fluid. With every retelling, they evolved, adapting to the needs of the moment. We see echoes of this today in the role of jurisprudence, where past judicial decisions influence future rulings. In societies that lacked a formal legal code, past judgments—whether spoken by elders, chiefs, or councils – served as precedent, shaping the law as it was handed down.
For thousands of years, law was oral, adaptive, and dynamic, but it lacked permanence. The need to record and standardize laws arose when societies grew larger, more complex, and more structured. Thus, the era of written law began.
The First Legal Codes: From Custom to Codification
One of the most famous ancient legal systems is the Code of Hammurabi, a Babylonian legal text dating to around 1750 BCE. Hammurabi’s code is remarkable not just for its age but for its completeness – it lists nearly 300 laws covering a wide range of matters, from trade and property rights to family disputes and criminal punishment. The principle of “an eye for an eye” (lex talionis), often associated with Hammurabi, reflects a structured, proportional approach to justice.
However, Hammurabi did not invent the idea of written law. He was following a tradition already present in Mesopotamia. Some of the earliest known law codes include:
- The Code of Ur-Nammu (c. 2100–2050 BCE) – The oldest known legal text, from the Sumerian city of Ur. Unlike Hammurabi’s later code, it often prescribed fines and compensation rather than strict corporal punishment.
- The Laws of Eshnunna (c. 1930 BCE) – Another Mesopotamian legal code that dealt heavily with commerce, price regulations, and property rights.
- The Hittite Code (c. 14th century BCE) – Created by the Hittites of Anatolia, this legal code was notable for its relatively moderate punishments, emphasizing restitution over physical retribution.
These early legal systems show that by the second millennium BCE, laws were not just recorded but standardized, creating legal structures that rulers could enforce consistently.
Greek Law and the Birth of Democracy
While Mesopotamian societies focused on royal decrees and divine justice, ancient Greece took a different approach. The Greeks are credited with inventing democracy, a system in which citizens had a role in governance. However, for democracy to function, it required a transparent and codified legal system that was accessible to all, not just rulers or priests.
Enter Draco, the man who gave Athens its first written laws in the 7th century BCE. Before Draco, Athenian laws were passed down orally, interpreted by aristocrats who applied them as they saw fit. Draco’s codification provided clarity and consistency, but it came at a cost – his laws were brutally harsh.
Draco’s legal code prescribed the death penalty for even minor offenses, reinforcing state control through fear rather than fairness. The severity of these laws led to the term “draconian,” which today refers to excessively harsh or unforgiving laws.
Despite their severity, Draco’s laws were an essential step in the evolution of legal systems. Later, in the 6th century BCE, the Athenian statesman Solon reformed these laws, making them more lenient and laying the groundwork for a more democratic legal system.
The Evolution of Justice
Crime, in the legal sense, could only exist when societies established rules – and the means to enforce them. Early human groups relied on oral traditions, shaped by memory and community consensus. But as civilizations grew, written laws became necessary to provide clarity, consistency, and stability.
From the Sumerians to the Babylonians, from the Hittites to the Greeks, early legal codes transformed how justice was understood and administered. Hammurabi’s code is remembered because it survived intact, but it was not the first attempt at codifying law. The evolution of legal systems shows that humanity has always struggled with the balance between punishment, fairness, and control.
Even today, echoes of these ancient legal traditions remain. The precedents of past rulings still shape modern law, just as oral traditions shaped ancient ones. The debate between strict punishment versus rehabilitation, once argued by Babylonian kings and Greek lawmakers, continues in modern courtrooms.
Law evolves, just as society does. But the fundamental questions remain the same.
What is justice? What is fair? And how do we decide the price of wrongdoing?
– Ed, never incarcerated, student of humanity
Stories can be published anonymously, with a first name, or with more details if you choose. Your story, your choice.
– Ed, Never incarcerated
Stories can be published anonymously, with a first name, or with more details if you choose. Your story, your choice.