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
It seems then to be a reasonable working hypothesis that the Israelites
did at first succeed in impressing a primitive type of law on the land,
especially in those matters which were not entirely unsuited to both
peoples. This seems to be supported by the character of what is regarded
as the earliest law code in Israel. We at any rate may say that they
themselves regarded such as their laws. It would require strong proof
before we could admit that the surviving conquered people obeyed them
too. As the Israelites became a settled people they may have invented
fresh laws. It does require proof, however, that these were invented,
and not already the laws of the conquered race. Provided that they were
not too repugnant to the Hebrew genius it would be a step towards
unification to adopt existing laws. Proof must be overwhelming that they
were not adopted before we can think otherwise. The selective power to
adopt or reject, to modify and concede, completely guards independence.
On the other hand, unless we can prove that there was no adoption at
all, we admit influence. Here the controversialists seem to have
confounded the issue. They either deny all influence in order to
maintain independence, or they destroy all independence by hardening
influence into origination. On either assumption Moses does not get
credit for much initiative.
Hitherto we have not considered the question whether the settled
Canaanites were governed by the Code of Hammurabi before the Israelites
came. Some have tried to make the whole controversy turn on this point.
It is difficult to see how an answer can be given to that question,
except by the discovery of a copy of the Code itself in a
pre-Israelitish city. If, on the other hand, we admit that the
civilization of Canaan was essentially Babylonian before the conquest,
we may suppose that it was governed by Babylonian laws, at any rate, to
a large extent. It is to be expected that there would be local
variations. Can we test such an hypothesis? We do now know what
Babylonian law was in the time of Hammurabi some five hundred years
before the conquest of Canaan. We do know that in Babylonia that law
remained practically unchanged for a thousand years longer. We must then
admit that if Babylonian law had sway in Canaan at all, it must have
been that of the Code to all intents and purposes. We thus have a linked
chain of hypotheses. If Canaanite civilization was once an offshoot of
Babylonian, and gradually asserted its influence over Hebrew
legislation, then we ought to find more and more likeness to the Code of
Hammurabi in Israelite law as time goes on. For that purpose we may
concede as much as the critics wish to claim for their arrangement of
successive codes in the Books of Moses before the Code was discovered.
The later the law is, according to them, the more likely will it be on
our hypothesis to resemble the Code. We assume that the Canaanite
element in the nation held on to their old law, while submitting to the
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