The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich LecturesJohns, C. H. W. (Claude Hermann Walter)
History
The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich Lectures
Johns, C. H. W. (Claude Hermann Walter)
Jewish law; Law -- Iraq -- Babylonia
There are possibly some indications that the Laws of Moses mark an
advance on the customs which ruled in the days of the Patriarchs. In
view of modern critical contentions that these stories of the Patriarchs
are a sort of reflection back into the past of what the later writers
felt would be appropriate to the time in which they set the eponymous
heroes of the old days, we may hesitate to regard such attributed
customs as trustworthy for a comparison. Nor is it beyond question
whether the Israelites ever obeyed the laws of Bedouin Arabs. But
assuming that on their entrance into Canaan the Israelites acquired
fresh customs, we may make some important reflections. Supposing there
was a change in law, can we detect it? If we can, what exactly does it
establish? Have we merely a change due to a change of habitat, or have
other factors to be taken into account?
Now we may question whether this change of law was due to the change in
habits from a nomadic life to a settled state, simply and solely. The
Israelites when they invaded Canaan found there an already settled
people, if we may believe their own account. There were cities and
houses and crops already there. From secular sources, such as the
Tell-el-Amarna tablets, we know that some time before the conquest there
was an advanced state of civilization in Canaan. We even know the names
of many kings and cities. What became of this settled population? It is
contrary to all analogy and to the Israelite tradition itself to suppose
that they were all exterminated. They were obviously possessed of a
higher civilization than their invaders, already, what the Israelites in
time became, a settled people. Can it be thought that they exerted no
influence on their conquerors? We cannot but expect that as the
Israelites became settled they would adopt the customs of the settled
population. We have it on record that their own teachers charged them
with doing this. Some of these customs must have been innocent enough,
and such as would be equally appropriate for Israelites when settled.
Others would be obnoxious to the racial prejudices, religious or social,
of the more conservative Israelites. There would naturally be conflict
in some cases between conflicting views of right. In some cases one view
would prevail, in others a different result would follow. Even
compromises are not inconceivable. To insist that all laws in Israel
were the product of the national genius, even if dignified by the name
of revelation, is to make a heavy demand on our credulity.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account