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
One type is that which is perhaps best seen in the customs of the Arabs,
as still surviving among the modern Bedawin, and known to us from the
ancient Arabic writers. This has been called primitive Semitic custom.
The Israelites, before their entrance into Canaan, as a nomad pastoral
people, would be governed by such law, if it can be called law. The
dynasty to which Hammurabi belonged was foreign to Babylonia. It owed
its rise to an incursion of a Semitic people. That Semites were in
Babylonia long before is true, but this was a fresh invasion by a
probably nomad pastoral race. They had previously obeyed the same
primitive laws as it is assumed the Israelites did before their
settlement in Canaan. Forming as they did the ruling race in Babylonia,
they yet clung with Oriental conservatism to their ancient customs. Even
such a powerful ruler as Hammurabi could not, or at any rate did not see
fit to, entirely change those customs. In the period when the Laws of
Moses were instituted, the Israelites were similarly the ruling race in
Canaan. Their earlier laws, as known to us, show the same conservation
of primitive custom, and that of the same type.
The other type of law is that due to a settled community. In Babylonia
it may have been evolved through long ages. It may have been, and
probably was, largely due to a non-Semitic people, usually called
Sumerians, whose racial affinities are not yet well made out. These were
conquered by the Semites of Hammurabi’s race. In Canaan too the invading
Israelites found a long-settled people in possession. They were governed
by very similar laws to those of the settled Babylonians. That these
laws had been imported from Babylonia is open to question. Much that is
common to the laws of the two settled communities may have arisen
independently. There is as yet no evidence that the Canaanites were of
the Sumerian stock.[7] But Babylonian influence on the Canaanite law is
quite conceivable, and is supported by historical evidence of
long-continued intercourse between Babylonia and the West. As the
Israelites became a settled population many of their nomad customs must
have become inappropriate. They might have evolved new laws. They might
have taken over the laws of the Canaanites, so far as these were
innocent, or not too obnoxious to Hebrew prejudices. Exactly which
course they followed in each case is a matter of history. The historical
evidence may be inconclusive. We must make the best of it.
Public-domain text, read in full here on John Shaqi.
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