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
In speaking of the Laws of Moses then, the use of the word Moses is not
meant to imply any opinion or to prejudice any question as to the
personality or history of the lawgiver or the date of the law. It is
used solely as a convenient periphrasis for the current Hebrew lawgiver,
just as Hammurabi may be taken as a periphrasis for the Babylonian
legislator. That the Babylonian king originated all or even any of the
laws enacted in his Code is not asserted. But the historical case of
Hammurabi does remove all _a priori_ improbability that a Hebrew
legislator could draw up a code of laws at a much later date. Further,
it should make us beware of arguing anything from the absence of mention
in such documents as have come down to us, for, until the excavation of
his monuments, no one among modern scholars had guessed his name or
surmised his existence.
This analogy, while it forbids us to deny the existence of Moses, does
not show that any or all of the laws ascribed to Moses were in any sense
due to him. But that a leader in the position to which tradition
assigned Moses could perfectly well promulgate a code of laws as full
and complete as the whole Mosaic law, even for a people in the primitive
state of society in which Israel is often supposed to have been at the
Exodus, is obvious. He had only to avail himself of the knowledge of
cuneiform, available at that time both in Canaan and in Egypt, and
import copies of the Hammurabi Code from Babylonia if they were not at
hand where he then was. He could exercise his judgement as to what would
be suitable for his people, add what he chose, and reject what he
disliked. That he did this or anything like it is not asserted, but it
would be so natural for any one in his position then that we have no
excuse for surprise if we should find indications of his having done
exactly that.
Still, nothing depends in our comparison of the Laws of Moses with the
Code of Hammurabi on our knowledge of the personality or circumstances
of Moses. Much would depend on how much of the Laws of Moses we should
consider to be his. In a similar way, the use of such terms as the Book
of the Covenant, Leviticus, or Deuteronomy, The Priestly Code, and the
like, neither implies nor denies the appropriateness of the terms nor
any adhesion to any theory of their source or date. They must be
regarded as merely names for more or less definite pieces of
legislation. That the balance of argument is in favour of assigning to
them the extent usually assigned to them by Old Testament critics may be
granted for purposes of comparison. It is an opinion which may not be
shared by all. But it is not by any means essential to our comparison
that any one of the views now held about any of them should be final.
Public-domain text, read in full here on John Shaqi.
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