The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich LecturesJohns, C. H. W. (Claude Hermann Walter)
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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
Of much more cogency than the agreement of separate items would be a
similarity of order in the arrangement of the common matter. PROFESSOR
D. H. MÜLLER has found some interesting examples of this in comparing
the Code with the Twelve Tables. This leads him and others to suspect
an Oriental influence on early Roman Law. That must remain little more
than a suspicion unless we can indicate the route by which such
influence could come in. In the case of Israel the problem is to show
how it could be kept out.
A comparison of the Code with the Laws of Moses from this point of view
is greatly hampered by the fact that the latter are not in any
particular order. If we follow the critical division of the material we
find that we are left with a variety of legislations of very different
dates and qualities well shown in _The Hexateuch_, or in articles in
_Dict. Bible_. It will hardly be claimed for any one of these that we
have it still in a completely preserved form. If so, then the intention
must have been to leave a great deal to the action of the well-known
customary law.
This solution, however, is not to be rejected off-hand. For the Code of
Hammurabi does not deal expressly with all cases: it omits murder. Hence
we must not insist that any Israelite code either, when first
promulgated, covered all cases of crime and misdemeanour. There is,
however, good ground for saying that each Israelite legislation included
some things which are now omitted from the Books of Moses. If this be
denied, then we must account for the very incomplete nature of these
codes. We may do so thus. It was only to be expected that a new
legislation would deal chiefly with cases that had not hitherto been
decided, or on which old law had grown obsolete, or where conflicting
views of right had come to be held. If, then, we can regard any
Israelite code, as now known to us, as being on the whole preserved in
its original order, even though other portions have been suppressed or
abrogated, we may compare the order of its clauses with those of the
Code of Hammurabi. We need not take account of the suspicions which will
now be thrown on that order by critics, unless they were expressed
before the Code of Hammurabi was known. And on the whole case we may
plead with respect to any Israelite code, that either it once covered
much more than it does, as we know it now, or that its incompleteness is
due to the existence of well-established custom on the omitted points,
and that it simply enacted changes.
Public-domain text, read in full here on John Shaqi.
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