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
innovations introduced by the invaders. If the other proposition holds
true, either this was the fact, or the particular law, instead of being
late, must be redated before Canaanite conservatism was overcome.
We may now state the broad principle to be tested. The more primitive
laws in the Mosaic Codes are properly Israelite, and an inheritance from
old nomadic custom. The more advanced laws are due to gradually
assimilated Canaanite sources. These should show, if not identity, at
least affinity with the Code of Hammurabi. If they do not, we have
several alternative views to weigh. Either the law of Hammurabi did not
continue to bear sway in Canaan, or it never did on that point, or the
law is a new creation. The mere fact that a given, late, non-primitive
law in Israel is not found in the Code of Hammurabi proves nothing as to
the origin of any unconnected law. We have to do with a long chain, of
which we can only compare the two ends. What happened between we do not
know.
We may do well to clear out of the way some obstacles that might at
least distract attention. An apparently strong point has been made
against any connexion between the legislations on the score of
philology. It is said that while the names of the things dealt with are
the same, the technical terms are different. Thus, while the words for
silver and gold, sheep and oxen, fields and houses are the same, those
for rulers, for laws and customs are different. This is partly an
argument from silence, partly an ignoration of facts. It is true that
‘to marry’, in Babylonian, is _aḫâzu_, and in Hebrew
_lāḳāh_; but in Assyrian it is _laḳû_. Now we may reply that
the Assyrian shows that it was once _laḳû_ in Babylonian also. The
connexion for which we contend does not demand transliteration, but
translation. What would be thought of any student of mediaeval history
who denied the influence of Roman law on English because Latin words
were not used? If this be the test, the Tell-el-Amarna tablets show much
stronger Babylonian influence than we contend for. Practically the whole
of their vocabulary is Babylonian. They also show that the writers had
words of their own, Semitic, if not Hebrew, which they glossed by
Babylonian. Some think the Israelites learnt their Hebrew in Canaan. If
the Canaanites were speaking Hebrew and had Babylonian laws, the
translating into Hebrew was done before the conquest. The fact is that
the whole philological argument breaks down unless we can show that the
words compared are the only words in use with the same meaning. The
lexicons do not on the whole afford a sufficient source for the
comparison. They embody little of the vocabulary of the legal documents
or contracts.
Public-domain text, read in full here on John Shaqi.
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