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
It may be hoped that this side issue has lost its interest, and that a
hearing may now be obtained for a simple attempt to use the two
legislations for mutual understanding. When on the appearance of the
Code in its first edition I lectured upon it at Queens’ College,
Cambridge, it was solely as a new document of human history. When a
month or two later I was privileged to point out its ‘significance for
comparison with the Hebrew legislation’ in a paper read before the
Cambridge Theological Society,[5] of which an abstract appeared in the
_Journal of Theological Studies_ (Jan. 1903), it is probable enough
that the contrasts to the Mosaic Law were more apparent than the
likenesses. In the next few months there was ready for press an
extensive work on the Code, illustrating its meaning from the
innumerable legal documents, most of them contemporary, which had been
my study for years. As bearing on this comparison I soon found that a
baldly literal translation of the Code gave a most Biblical turn to its
phraseology which the easy, lucid, but peraphrastic renderings given by
others perpetually disguised. The general likenesses, Semitic
characteristics, and apparent cases of adaptation were separately
classed and those most suggestive of dependence insisted upon. The index
of subjects compiled from the Code and contemporary legal documents
appeared to constitute a substantial advance in the knowledge of ancient
law.
Of all this work, prepared in 1904, it was not possible to publish more
than the translation, under the title _The Oldest Code of Laws in the
World_ (T. & T. Clark, Edinburgh), with a selection from the index. The
other results were freely communicated to various scholars, but it was
not without some pangs that I saw most of them attained in time
independently. Later an article on the _Code of Hammurabi_ in the
Supplementary Volume of Hastings’s _Bible Dictionary_ and one on
_Babylonian Law_ in the _Encyclopaedia Britannica_ afforded me the
chance of setting out some results of my research upon the Code in its
relation to the ancient civilization of Babylonia, with a rapid glance
at its relations to Israelite Law. When writing a work for the American
public on _Assyrian and Babylonian Laws, Contracts, and Letters_, I
expanded some parts of this treatment.
I trust that I may be pardoned for thus simply stating why, when the
British Academy conferred upon me the great honour of inviting me to
deliver the Schweich Lectures for 1912, I selected the subject of
_Babylonian Law in its relation to the Laws of Moses_. It was a subject
in which I had taken an interest for some years, and I was anxious to
seize an opportunity of making public the work done in 1903-4.
Public-domain text, read in full here on John Shaqi.
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