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
While we are comparing the laws as to assaults and their penalties, we
may pause to note one conspicuous difference between the legislations.
The Babylonian lawgiver made a considerable allowance for class
distinctions. His was eminently class legislation. Some at once feel
that this fact places his law on a lower level than the law of God. Such
is a grotesque misapprehension. In Babylonia there was what we have not
yet attained nor can do until the State bears all law expenses and gives
a poor man justice free of cost. There was one and the same law for both
rich and poor. But the aristocrat was treated differently from the
commoner. In the eyes of some this is a far worse crime than favouring
the rich against the poor, which is the vice of all democracy. But
Hammurabi was in this much finer than we might expect, for he treated
the aristocrat more severely in every respect than the man of humble
birth. I do not attempt to defend that method, but it does need a little
explanation.
The facts are these, the aristocrat in Babylonia took a very high view
of his personal dignity as one of the conquering race. On his continued
support and loyalty the safety of the throne, and consequently the
welfare of all Babylonia, depended. The commercial-minded Babylonians,
rich or poor, like any other commercial group in the history of the
world, could never defend for long even their own money-bags, and for
all their industry, brains, and wealth could only pay for protection so
long as the pay they were willing to offer exceeded the spoil their
mercenaries could wring from them. The aristocrat was actually of a
lower civilization, as conquerors were always apt to be, but he held the
land by force of arms. Hammurabi was as dependent on his noble Amorites
as William the Conqueror was on his Normans. He held them to his
allegiance in practically the same feudal manner as did William and his
successors hold the Barons.
Now the aristocratic _amêlu_ or patrician of Babylonia was very
sensitive to a personal injury. He would accept no compensation for a
blow as might a commercial plebeian. The exact retaliation ’eye for eye,
tooth for tooth, limb for limb’ was his sole satisfaction. The
_mushkênu_ or commoner had to be content with a money payment. So far
for the contemporary public opinion. We say that the proud patrician was
conservative of a more primitive type of law, which we find to be that
of a nomad Semitic folk, the Bedawin Arabs, still. So far as the Hebrew
clung to the same law we discern aristocratic views with a lower type of
civilization.
Public-domain text, read in full here on John Shaqi.
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