Hammurabi on Trial: Justice or Tyranny?
Topic Overview
The shift from nomadic hunting and gathering to settled agriculture, and why it changed everything.
Key Questions
- ?Why did humans shift from hunting and gathering to farming?
- ?Was the Neolithic Revolution progress or a step backward for humanity?
- ?How did surplus food lead to social hierarchies?
About the Methodology
Students recreate a historical trial or put a historical figure/event "on trial." Roles include prosecution, defense, witnesses, jury, and judge. Students must research their positions and present evidence-based arguments. Develops persuasion, research, public speaking, and critical analysis skills.
Fun Factor
Peak Energy Moment
The witness cross-examination — when the prosecution attorney challenges the 'merchant witness' and they have to improvise answers in character. Students will fight to stay in role while the room cheers.
The Surprise
Law 48 in the evidence packet (debt forgiveness during storms) directly contradicts the prosecution's 'Hammurabi was cruel' narrative. When the defense pulls this out, it's a genuine 'wait, what?' moment.
What to Expect
The room gets LOUD during closing arguments. Jury members whisper frantically. Students who are usually quiet lean forward during witness examination. At least one student will say 'that's not fair!' — and that's exactly the point.
Mission Timeline
Academic Standards
Spark
3 min • Scenario
Read Aloud
A builder constructs a house. The house collapses and kills the owner's son. Under Hammurabi's Code, the builder's son must be put to death. You are the jury. Is this justice? Project this scenario. Let the room react for 30 seconds before speaking.
Teacher Notes
Let students express initial reactions freely. Note who instinctively agrees vs. disagrees — this will help assign roles. The emotional reaction IS the hook.
Briefing
3 min
Today we're putting Hammurabi's Code on trial. The question: Was Hammurabi's Code a just legal system, or was it state-sponsored cruelty? I need: 2 prosecutors (arguing it's unjust), 2 defense attorneys (arguing it's just), 4 witnesses (I'll assign you historical roles), and the rest of you are the jury. Prosecutors and defense: you have 10 minutes to prepare your cases using the evidence packets. Witnesses: read your role cards carefully — you must stay in character.
Group Formation
Pick 2 confident speakers for prosecution, 2 for defense. Assign witness roles to students who engage well with reading. Everyone else is jury. Jury members get observation sheets.
Materials Needed
- •Evidence packet: 8 excerpts from Hammurabi's Code (printed, one per attorney pair)
- •Witness role cards (4 cards: a merchant, a slave, a woman, a nobleman)
- •Jury verdict sheet (one per jury member)
- •Timer visible to all
Action
30 min • 100% Physical
Preparation Phase (10 min): Prosecution and defense teams read evidence packets and prepare their arguments. Witnesses read their role cards and prepare to answer questions in character. Jury reviews the observation sheet.
Circulate between the attorney pairs. If they're stuck, ask: "What specific law from the code supports your argument?" Push them to cite evidence, not just opinions.
Opening Statements (4 min): Prosecution presents their case first (2 min), then defense (2 min). Jury takes notes.
If a team struggles, prompt them: "Tell the jury WHY this code was harmful/beneficial to society as a whole."
Witness Examination (10 min): Each side calls 2 witnesses. They question them for 2 minutes each. Witnesses must answer in character based on their role card.
If witness testimony goes flat, you (as judge) can ask a probing follow-up question to deepen the response.
Closing Arguments (4 min): Defense closes first (2 min), then prosecution (2 min). This is their last chance to persuade the jury.
Jury Deliberation (2 min): Jury discusses quietly and writes their individual verdicts on the verdict sheet. No need for unanimous decision — we want to see the range of opinions.
Have jury members write their verdict AND one sentence explaining why before the class vote.
If things go sideways
- ▸If prosecution/defense teams are just listing opinions without evidence: Hand them the code excerpts and say "Show me which specific law supports your claim."
- ▸If witnesses break character: Gently remind them "Remember, you are a [role]. How would YOU have experienced this code?"
- ▸If jury seems disengaged: Tell them "In 15 minutes, you will decide this case. Take notes on the strongest argument you hear."
- ▸If one side is much weaker: As "judge," ask a leading question that helps them find a stronger argument in their evidence packet.
Differentiation Tips
- ▸For advanced students: Assign them as attorneys or give them the most complex witness roles.
- ▸For struggling readers: Pair them with a stronger reader on the attorney teams, or give them a witness role with a simpler card.
- ▸For ELL students: Provide a glossary of key terms from the code excerpts.
Debrief
7 min
Discussion Questions
- 1
Show of hands: How many jurors found Hammurabi's Code to be just? Unjust? Let's hear from one person on each side — what was the strongest argument that convinced you?
- 2
Here's the deeper question: Can a legal system be unjust by our standards but still be progress for its time? Explain.
- 3
What elements of Hammurabi's Code do we still see in modern legal systems?
Exit Ticket
On a sticky note, write: "The most important purpose of a legal system is ___________." We'll start tomorrow's class by comparing your answers.
Connection to Next Lesson
Tomorrow we'll look at how Egyptian governance compared to Mesopotamia — a pharaoh-god vs. a law code. Which system would you rather live under?