The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich Lectures — John Shaqi
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
These late copies show that the inscription was edited in a series of
tablets or ‘Books’ called _Ninu Anum tsirum_, from the first words of
the text, just as Genesis was called Bereshith from its first word or
other books of the Old Testament were named in the same way. Another
series was called _Dinâni sha Hammurabi_, from the first words of the
Epilogue or closing portion of the text. From these editions we may
conclude that the Code was known and studied both in Assyria and
Babylonia at least as late as the seventh century B.C. Whether any
monumental stela with this inscription survived so long after the Susa
examples had been carried off is not yet certain. But these editions are
of extreme value as indications that a knowledge of the provisions of
the Code existed so long and was preserved so accurately.
We may note that there is a very great advantage for students of this
ancient body of law in the fact that beside a long tradition accurately
preserved we have a practically complete autograph of the Code as
originally promulgated. There can be no suspicion of overwriting,
interpolation or gloss, no tendency-redaction, no revision in the
interests of any party, priestly or political. We have no need to seek
for any conjectural restoration, except for a few erased clauses or
defaced characters. We have no call to split up the text[10] into strata
as embodying older laws, though we know such earlier codes had existed
perhaps a thousand years before. A comparison with such fragments of
earlier law as we possess shows indeed much change if not always
progress in that period, and marks on the whole a great advance in
civilization.
It is a task still reserved for the students of Babylonian law to make
careful researches into the growth of social institutions and the
development of legal conceptions which led up to this Code. It will
prove a most instructive study if pursued apart from the presumptions
deduced from other and unrelated areas which now form a body of dogmatic
prejudice from which many scholars seem unable to emancipate their
thought. We must, however, start our investigations at a point where the
Code has already arrived, when it must be treated as the principal
landmark in the long history of law in Babylonia. Whatever may be our
view as to what should have been the evolution of law before that date
we must be careful to remember what that evolution produced.
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