The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich LecturesJohns, C. H. W. (Claude Hermann Walter)
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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
Now the first thing to deal with is the general similarity of the Code
to the Book of the Covenant, considered as our best witness to the
primitive Hebrew law. It has been calculated that out of forty-five, or
possibly fifty-five judgements preserved in this old Hebrew law,
thirty-five have points of contact with the Hammurabi Code, and quite
half are parallel. Of course, there are also marked differences to be
accounted for. The Hebrew law appears to have legislated for a small
people, among whom human life was precious and property scanty. The
Babylonian law protects property with far severer penalty, and makes
little account of a criminal’s life. This is appropriate to a nation of
commercial instincts and a wealthy populous state. It recognizes grades
of wealth and position. The theft of an ox is punished by a five-fold
restoration in the Hebrew law, in the Babylonian by thirty times its
value, or in the plebeian’s case by a ten-fold penalty. We may estimate
the difference by saying that in the desert five oxen was about all a
man had, and his family would probably have to help him to pay, and so
the penalty was an effective restraint; while in Babylonia, thirty oxen
were to many men not more costly, and even the commoner was twice as
wealthy as an Israelite. It is, however, more likely that the penalties
were not calculated at all upon an estimate of what they meant to the
criminal, but on an artificial system of the value of numbers. For
example, in Israel, five may have been ideally complete. PROFESSOR D. H.
MÜLLER has most ingeniously worked out the possible significance of the
numbers.
It is not particularly profitable to insist upon the superior humanity
of either code. Impartial judges, acquainted with ancient codes, will
perceive that the balance between the rights of the individual and those
of the State is always very difficult to hold level. Severe penalties
may be due to the determination to suppress crime at any cost. The
desire to save the criminal from the results of his crime is not to be
expected of any early legislator. Only when his life was worth more to
the State than the loss he was likely to cause could the criminal hope
for pardon. As Hammurabi put it, the king might wish to save his
servant’s life.
Points of close agreement are numerous. The treatment of sorcery, the
law of deposit, the punishment of kidnapping, injury to a pregnant
woman, regulations as to shepherds, and a score more may be noted as
very similar. These are given in many books, very conveniently in
PROFESSOR S. R. DRIVER’s _Genesis_ in the _Cambridge Bible for Schools_.
Public-domain text, read in full here on John Shaqi.
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