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
A work which freely accepts the critical division of the Hebrew laws is
PROFESSOR C. F. KENT’S book—_Israel’s Laws and Legal Precedents_ in the
_Old Testament Student Series_. If any modification of critical views
may have been thought necessary as a result of the new material provided
by the Code of Hammurabi, it is here tacitly but fully allowed for.
Further study may be expended on the comparison and somewhat modified
views may have to be taken, but the nature of the questions involved is
clearly and concisely shown in this work.
Were it possible to institute the comparison between the Code of
Hammurabi and the whole Hebrew legislation treated as one indivisible
body of laws, it would be much less difficult than when a set of
regulations are picked out as early and treated as the only rules which
deserve to be regarded as in the remotest sense Mosaic, while all else
is treated as later and scarcely to be regarded as law at all, but
merely pious wishes or aspirations. By such a careful selection there is
not only very little to compare, but the very things ruled out as late
or unhistorical aspiration on account of their relatively high tone are
just those most like the Babylonian. On such principles with criteria so
carefully selected to rule out all disagreeing evidence a verdict is
easy to attain. It is the fact that these criteria were invented before
the Code of Hammurabi was dreamt of, but it does afford a very strong
test of them and should lead to some revision. The critical theory is
now so firmly rooted in the minds of all scholars who are not allowed in
youth to imagine any alternative that we too must accept it or be lost
in a perfect morass of unintelligibility. Only we ought to remember that
in so doing we make the comparison as difficult and complicated as
possible.
Accepting the present division of the Hebrew laws it is possible to
divide the periods of Babylonian influence on Israel correspondingly.
The conclusion to be drawn is that Babylonian influence was strong in
the case of the earliest Israelite law perhaps through common Semitic
custom, recalling that Abraham traditionally came from Ur of the
Chaldees through Haran, a Babylonian Province, to settle there under
strong Babylonian influence where Babylonian language and writing were
still used down to the time of the Exodus. The impression of Babylonian
is said to be less prominent in later codes until after the Assyrians,
whose civilization was specifically of Babylonian origin and type, had
held Palestine vassal for two centuries. The Exile was to Babylon
itself, and Babylonian influence is naturally strongest after the Return
from the Exile, and even more powerful on the Jewish doctors of later
days, many of whom continued to live in Babylonia.
Public-domain text, read in full here on John Shaqi.
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