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
Thus it is enough to grant that the Book of the Covenant is the sole
relic of the earliest Hebrew legislation and that the rest may be
regarded as later development. In that case, however, it is incumbent on
those who hold the theory of this development as an evolution on native
soil to show intelligibly what influenced the particular form which that
development took. Our comparison may suggest that if this supposed later
law be really not of the Exodus period also, and not a product of the
same mind which modified Babylonian law into the Book of the Covenant,
yet its likeness to Babylonian law excludes the idea of a free
uninfluenced development. We may hold further that early or late
Babylonian influence is still there. And we must account for its
persistent influence. On the supposition of its being later than the
Book of the Covenant we may be inclined to hold that it was adopted, not
directly from Babylonia, but from the relics of pre-Israelite Babylonian
influence on Canaanite law.
It may be asked at once—what do we know of Canaanite law? Confessedly
very little; but so far little attempt has been made to inquire into the
subject. Scholars have been too ready to endorse the judgement of the
old Jewish writers who denounced all Canaanite usages. As yet no
documents of Canaanite production have been found, unless we include
those of near neighbours like the Phoenicians, Moabites, and Northern
Syrians. We may deduce something from the Old Testament, but that is a
hostile source. A certain amount of information may be collected from
the Tell-el-Amarna tablets, which supply evidence for times before the
Israelites entered Canaan. Much of the law or custom witnessed to by
later times may really be very old. Some scholars of late have argued
with great force that the First Dynasty of Babylon were not only
Amorites but came into Babylonia from Canaan. There were Amorites left
in Canaan when the Israelites settled there. If these were of the same
stock, much that in the Code of Hammurabi marks change from the old
settled Babylonian Semitic law may be due to a Canaanite source. The
subject of the Amorite characteristics, apart from their peculiar proper
names, has as yet received next to no attention. The researches of
Macalister on Palestinian soil will be awaited with great interest, as
he appears to have recognized such distinct characters about his Amorite
finds as to enable him to identify them as such without hesitation. He
will, it is to be hoped, soon tell us something of their civilization.
Gradually, no doubt, we shall be able to tell what was the exact
character of each of the peoples in Canaan; and in the end the Code of
Hammurabi may prove to be the best witness we have to the Canaanite law.
Public-domain text, read in full here on John Shaqi.
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