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
But while abundant evidence was available as to commercial matters, such
as the disposal of estates and other property by sale or exchange, or
their assignment by hire, lease, or hypothec, the laws of deposit and
warehousing, commenda or commission, agency, security, pledge, warranty,
the laws of partnership, rules as to debt and interest, loans with or
without security, the family laws relating to marriage, divorce,
adoption, inheritance, maintenance, &c., and many other points were made
out with great clearness, yet much remained obscure.
For the legal documents, deeds, contracts, or the like, while doubtless
absolutely clear to the contemporary parties concerned and evidently the
outcome of long-established legal practice, assumed much that could only
be conjectured from their slight hints. In my article on Babylonian Law
and in _Babylonian and Assyrian Laws, Contracts and Letters_ I gathered
up most of what was then known.
Especially was our knowledge defective in the matter of criminal law. We
had plenty of legal decisions, but they too often merely recorded the
award of the court, and even where the case in dispute was stated, the
suit was nearly always about property. We had little or no information
about such questions as murder, manslaughter, theft, adultery, assault,
and the like. The Code, with its full criminal sections, was thus doubly
welcome.
The state of society revealed, and its laws, are most remarkable. The
tribal system has disappeared. The city states with their local customs
are being welded into a unity. There is still local government and
district responsibility, but the king’s judges are over the local
elders, and there is appeal to higher courts, ultimately to the king
himself. The family is the unit, with great measure of family solidarity
and complete indefeasible right over family estate, devolving its rights
to individuals as they form new family units, but retaining rights of
reversion amounting to a strict entail.
Public-domain text, read in full here on John Shaqi.
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