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
There is a settled population, engaged in agriculture and pastoral
pursuits, yet with many industries in the hands of guilds of artisans,
recruited by adoption and apprenticeship, but largely hereditary in
families. There is a highly organized system of military service and the
_corvée_ or press-gang for public works, with a feudal tenure, alongside
tenure on payment of tithes and temple dues, and the metayer system by
which the landlord found cattle, agricultural implements and seed for
culture of the fields. Estates bore permanent responsibilities which
went with the land to furnish military service, produce, supplies, &c.,
to the state. Other estates were held of the king, on rent or tribute,
the usual lot of conquered territory. There was a numerous and wealthy
body of merchants who were also bankers or money-lenders and much
controlled by the Code, especially in the interest of the poorer
debtors. They were also afforded state protection and their canvassers
carried trade far and wide to every quarter. There was a highly
developed and rapid postal or messenger system, of which many beside the
king availed themselves.
The land was full of populous towns with fixed areas of dependent
villages, remnants of the old city states, now conterminous over the
whole kingdom; counties we might call them, parishes and boroughs. There
were still traces of borough law, but the Code was supreme and the
king’s justice ran everywhere. Temples, mansions, farms, plantations,
common pasture, feudal estates, existed alongside private ownership in
land.
The state of society bears surprising likenesses to that of Europe in
the Middle Ages.
The law itself is no less advanced. Justice has replaced vengeance.
Self-help is restrained, if not suppressed; wrong must be redressed at
law. There is full protection for the weak, the widows and orphans, as
the lawgiver himself points out with pride. Women are placed in a
position of freedom and independence of their husbands, such as they
have only enjoyed in our land since the Married Women’s Property Acts.
Education was at such a high pitch that Hammurabi assumes that every
injured person would come and read for himself the laws that applied to
his own case, or at least find a neighbour who could do so.
The nature of the legislation is no less surprising from a comparative
point of view.
In many respects we find the most extraordinary medley of ancient and
modern laws. To take but one or two examples. A belief in witchcraft is
not avowed, but recognized as demanding regulation; while purgation of
the charge is referred to ordeal by water, such as lingered on so long
in Europe.
The extraordinary confidence in the power of the oath to secure truthful
witness is remarkable; but has not died out of our law courts yet. The
purgation by oath is in the Saxon form, and applies not only to things
solely within the knowledge of the accused, as loss of entrusted goods,
but also to manslaughter.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account