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
So far we have instituted a comparison between the Hammurabi Code and
the Book of the Covenant without exploiting the subsequent Hebrew
legislation. We have seen great likeness mingled with decided contrasts.
We have followed quite carefully critical views without being able to
exhaust all the ramifications of criticism. We have taken the usual
acceptation of the Hebrew laws. Considerations of time and space prevent
our extending our researches to the limits of exhausting our subject.
Much clearly remains to be done. We could examine most of the points
taken up much more closely. Before we leave this part of our subject let
us look from another point of view at the cases of slavery already dealt
with.
The Book of the Covenant, Exodus xxi, legislates for slaves, both male
and female, but especially for those of Hebrew race. A moment’s
consideration will show that this is not an exhaustive treatment of the
questions relating even to them; only selected points are dealt with.
Now we may ask, Why should just those points be selected? Was it because
the nomads before entering Canaan had no slaves, or were there none of
the Hebrew race, or was it the case that in the desert none could sink
so low? Or were there no slaves under the early kings of Israel? At what
time did the use of slaves arise? Definite ideas on such points are
necessary before theories of the date of the laws can be sustained. The
usual view is that the institution of slavery is long anterior among the
Israelites to the Book of the Covenant, whose regulations introduce no
new regulations, only fix customary usages. On the other hand, a very
frequent view is that a change in habits on entrance into Canaan had
brought new conditions and so had given rise to new sociological
problems. Perhaps the conquest of Canaan added largely to the numbers of
slaves. The older views on the subject of slavery had to be modified in
order to meet new conditions. The Book of the Covenant on this view did
introduce new regulations which aimed at teaching a newly settled folk
how to treat particular cases. Did the lawgiver, then, treat the
subject _de novo_, or merely adopt regulations already in force in
Canaanite cities, or did he seek inspiration from the land to which his
people’s traditions ascribed their origin?
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