The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich Lectures — John Shaqi
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 picture which W. ROBERTSON SMITH draws of the state of society
contemplated by the Book of the Covenant is founded on the assumption
that there was no more of it. The basis of life is agriculture, cattle
and agricultural produce constitute the chief part of wealth, and the
laws of property deal almost exclusively with them. Only we cannot say
that this was all. True, there is no longer preserved any regulation of
the relations between principal and agent, if such ever existed. There
is no widely extended tariff of wages for artificers and workpeople.
Too much cannot be made of the fact that the Code of Hammurabi proves
the existence of such specialized classes in Babylonia. For it does so
without ever mentioning them in just those laws which can best be
compared with the Book of the Covenant. If we were acquainted only with
that part of the Code of Hammurabi which does correspond to the Book of
the Covenant we might similarly construct from it a picture of the state
of society in Babylonia just as simple as the Book of the Covenant
warrants us in recognizing in Israel. Nevertheless it was not so.
The fact is that the Book of the Covenant does not present a complete
picture of the state of society in Israel in the early days of the
monarchy. That may not have been so advanced as in the days of
Hammurabi. But the kings of Israel at any rate had need of skilled
workmen. We read, indeed, that Solomon had to send to Hiram of Tyre for
certain workmen, but this is not enough to prove the entire absence from
his dominions of other classes of artisans. The absence of blacksmiths
in Saul’s time is ascribed to an exceptional cause. In fact, the only
way in which the entire absence in Israel of all but agriculturalists
and shepherds could possibly be accounted for is by supposing that the
Israelites had killed out all the Canaanites. We know they did not. We
may point out other ways in which it would be dangerous to deduce from
the absence of mention in the Book of the Covenant the non-existence of
any particular institution whatever.
It is of more importance to notice that the principles of criminal and
civil justice are those still current among the Arabs of the desert,
namely, retaliation and money compensation. It is precisely the same
with the Code of Hammurabi. If these features in the Book of the
Covenant compel us to consider the Israelites for whom it was compiled
as nomads in much the same state of civilization as the Bedawin, the
same features compel us in the case of the Code to ascribe similar
civilization to the Babylonians of Hammurabi’s period. The fact probably
is that in both cases the dominant folk, Amorites or Hebrews, really
were conservative of customs once in place in the desert if not too
unsuitable for a settled life to retain.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account