While not without its flaws, the modern legal system is primarily built upon the principle of “innocent until proven guilty,” a cornerstone of fair justice. Surprisingly, this concept has ancient roots, stretching back nearly 3,800 years.
While Sir William Garrow, an English barrister from the late 18th and early 19th centuries, is credited with popularizing the phrase “innocent until proven guilty,” the idea has much older origins. This principle can be traced back to ancient Babylon under King Hammurabi, who ruled from 1792 to 1750 B.C.
Hammurabi’s most significant legacy is the Code of Hammurabi, a comprehensive set of 282 laws carved into a seven-foot-tall stone stele. These laws were compiled after Hammurabi commissioned legal experts to collect and systematize existing laws across his kingdom. The Code covered many economic, family, criminal, and civil matters.
A striking feature of the monument is the depiction of Hammurabi receiving the laws from Shamash, the Mesopotamian god of justice, suggesting divine endorsement of the legal code.
Before Hammurabi, there was only one known legal collection, which was less detailed and dated from about 300 years earlier. As Dawn McCormack, associate dean of the College of Graduate Studies at Middle Tennessee State University, noted, the increased diversity of populations under Hammurabi’s rule likely necessitated a more comprehensive legal framework.
Though some of Hammurabi's laws might seem harsh by today’s standards—such as punishments involving mutilation—others were quite progressive. For instance, the Code included the earliest known law on alimony, as highlighted by Kelly-Anne Diamond, an assistant teaching professor of history at Villanova University.
The Code of Hammurabi also emphasized truth-seeking in legal proceedings, requiring witnesses, oral testimony, and written evidence. Oaths, sworn by individuals who believed that the gods would punish dishonesty, were also mandated.
While the principle of presumed innocence has sometimes negatively impacted victims, particularly in high-profile sexual harassment cases and media coverage, the pursuit of fair and impartial justice remains a long-standing aspiration. The enduring effort to achieve integrity in legal systems is a testament to humanity’s commitment to justice.