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
The Laws of Moses were once, and in some quarters still are, supposed to
be all contemporary with that great national hero and lawgiver, and to
form a complete body of law imparted to men by Divine inspiration. The
Jewish commentators, however, of old treated this view with considerable
freedom. Modern scholars, who have devoted two centuries to a critical
study of the Pentateuch, have lately gravitated towards a fairly
definite theory implying the existence of several codes, so to speak,
and those of very different dates, all much later than the time of
Moses. As experience shows there is very little permanence about the
critical views, we had best confine ourselves to the latest
presentation. We need not trouble to inquire into the merits of the
earlier critical theories, and may leave their refutation to the last
writer on the subject. We may take two good examples for our purpose.
Mr. S. A. COOK in his excellent work _The Laws of Moses and the Code of
Hammurabi_ assumed the critical view of the Pentateuch as then
presented, and made the most successful defence of the originality of
the Mosaic Law yet attempted. It will be noted that one of the so-called
‘destructive’ critics made a most vigorous defence of the uninfluenced
character of the Mosaic fragments adjudged by that school to be early.
Naturally so; for such critics it is vital to maintain the exclusion of
external influence. There is no criterion of date for them if the
orderly continuous evolution along well-known lines can be supposed to
be overwhelmed by a catastrophic influence from without. The history of
the development being unknown or rejected in favour of a theoretical
reconstruction upon lines evolved out of the supposed results of
comparative law, religion, or the like, it was delightful and easy to
build up a purely imaginary self-consistent view of the order in which
ideas developed or evolved. The consistence of the view impressed its
authors as proof of reality. There was no history to test the
reconstruction by except such as could be brushed aside as unreliable
because inconsistent with the view. But some late things, dated as late
upon this theory, turned out to be a thousand years older than the early
ones, and so the almost forgotten maxim ‘what is primitive need not be
old’ had to be revived. For the evidence of the Hammurabi Code had to be
rebutted anyhow.
It is most remarkable that the champions of the traditional view never
seized upon the Code as a weapon to beat the critics with, while the
Rationalists made a good show of learning and even indulged in argument
on the matter. But after the dust of controversy cleared off it was
perceived that the Code was a new fact to be reckoned with, neither
attacked nor minimized nor exploited, but studied and respected. As it
had surprised and even disconcerted the lawyers, so it had gradually
compelled divines to reconsider.
Public-domain text, read in full here on John Shaqi.
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