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
The date of the Code, as shown by the prologue with which the text
begins, fell in the reign[11] of the great king Hammurabi, sixth king of
the First Dynasty of Babylon, whose call to the throne, successful wars,
and great benefits to his people, it sets out with magniloquent
phraseology. The list of his achievements thus given further enables us
to fix the year of its redaction as after the fortieth year of the
reign. This may, however, be the date at which our existing monument was
erected rather than that at which the Code was first promulgated. As
this king only reigned forty-three years the date is very closely fixed.
We now know some prominent event for each year of this long reign, and
by means of other inscriptions of his we can make out a fairly complete
sketch of his times for which reference must be made to the many
excellent histories of Babylonia.[12] As is well known Hammurabi has
frequently been identified with Amraphel king of Shinar mentioned in the
fourteenth chapter of Genesis as having made war on his rebellious
subjects in and around the Dead Sea area. Amraphel is there associated
with Arioch king of Ellasar, usually identified with Rîm-Sin king of
Larsa, with Chedorlaomer king of Elam and Tidal king of ‘Nations’. The
same tradition made him contemporary with Abraham, ‘father of the
faithful and friend of God’, who is said to have migrated with his
family from Ur of the Chaldees to Haran, the chief city and commercial
capital of Mesopotamia, and thence into Palestine. It is interesting to
note that it is precisely with the period of Hammurabi that Hebrew
tradition elects to link up its early memories of origins. We might then
be naturally drawn to examine the native records of the Hammurabi reign,
including its laws, simply to gain a clearer idea of the circumstances
among which Abraham was born and grew up. But there are other reasons
for our effort to study the period. As a record of early law the Code of
Hammurabi is one of the most remarkable monuments of the history of the
human race. Treated as a legal document the peculiarities of the Code
are amazing. Doubtless an expert in comparative law could have
reconstructed a large part of the Babylonian law from the many thousands
of legal documents of all periods which have come down to us. To a very
remarkable extent this has been done, especially by PROFESSOR KOHLER,
assisted or followed by PROFESSOR PEISER, PROFESSOR MEISSNER, PROFESSOR
SCHORR, PROFESSOR UNGNAD and a score more who have taken up special
points.[13] My article on Babylonian Law in the _Encyclopaedia
Britannica_ will give some idea of this work.
Public-domain text, read in full here on John Shaqi.
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