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
Seeing, however, that there is not yet full and final acceptance of
critical views as to the exact classification of the Hebrew laws into
separate codes, and that my audience is probably not completely familiar
with either the separate codes in themselves or their dates, anything
like a complete comparison of the Laws of Moses with the Code of
Hammurabi is impossible without first at least sketching the character
of each separate code. For comparative purposes we may begin with the
earliest and see how it compares with Babylonian law, for the rest what
has already been compared need not be repeated, but as it is necessary
to limit our time I must leave all critical reasons for assigning a
passage to a particular stratum to be consulted in PROFESSOR KENT’S
volume and the extended literature which he names.
The usually accepted critical views of the sources of the Pentateuch
regard the Book of the Covenant as the oldest code of Hebrew law now
preserved to us. What law the people obeyed before we are not told, but
it is obvious that they were not without law. Some scholars, attaching
great weight to the traditions of the patriarchs and the implications of
their story as to the growth of the people of Israel, assume that before
the adoption of the Book of the Covenant they were nomad pastoral folk,
and obeyed much the same customs as the Bedawin Arabs of the present
day. For such a standpoint the late PROFESSOR W. ROBERTSON SMITH’S works
on Semitic civilization, religion, and law are simply indispensable.
Here, if anywhere, we can find a clear idea of common Semitic custom, so
often appealed to to account for the similarities between Jewish law and
the Hammurabi Code. But other scholars look on these narratives of the
patriarchal life with deep suspicion as being a late attempt to sketch,
in the light of a writer’s knowledge of what the nomads of his day were
like, an instructive and edifying ancestral background for a set of very
dissimilar tribes or clans, whom some political necessity led to
amalgamate into the Hebrew people. A great deal in our research
naturally depends upon our attitude to the questions, ‘Was Israel ever
in Egypt?’ or ‘Was only one party of them ever there?’ Or again, ‘Was
the Book of the Covenant promulgated at the unification of the component
clans, or did it grow up long after?’ All such and many similar
questions we must lay aside, as we start with the Book of the Covenant
as accepted Israelite law.
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