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
These divisions had no justification on the
stela found at Susa, which divides only lines and even occasionally cuts
a word in two. It shows no indication where a particular law begins or
ends. Hence the Babylonian scribes, as all modern scholars, have had to
divide as their common sense dictated. But the text on the stela was
certainly copied from a clay tablet which may well have shown
division-lines between the laws. At any rate, the divisions adopted by
the Babylonian scribes, even if not original, have great weight as
embodying an independent tradition among scholars who surely knew the
meaning and connexion of the successive regulations in a very
authoritative way. That their ruling does not agree with PROFESSOR
SCHEIL’s where we can compare them shows that his division is not
essential and may be neglected. Unfortunately our fragments of later
copies do not help us often, and are too few to give us a canon upon
which we can rely when we need it most, and we can rarely be sure that
the division we propose was that of the original. Nevertheless there is
great verisimilitude about PROFESSOR LYON’s proposals, and it is a very
striking likeness between the Book of the Covenant and the Code of
Hammurabi that both adopted a division of laws into groups of five. We
cannot press the argument too far, but the Roman Law at any rate shows
that this arrangement is not a logical necessity nor a psychological
demand of early legislation.
The critical account usually given of the Book of the Covenant is that
it embodies the consuetudinary law of the early monarchy. It is regarded
as embracing the formulated decisions which had gradually accumulated
among the people up to that age. It is admitted that it, or at any rate
parts of it, may well be older than the narrative (E.) in which it was
incorporated. Its place in the scale of civilization is estimated by the
fact that it imposes many restrictions on the arbitrary action of the
individual, while it retains the _lex talionis_. Further, prominence is
sometimes given to the fact that God is regarded as the immediate source
of punishment. It is styled theocratic law, but breaks away from the
purest type of such laws. The Code of Hammurabi goes further in the
direction of purely civil enactment.
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