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
Now on such a view of the general similarities many have expressed the
opinion that the Hebrew laws are a more or less revised adaptation of
the Babylonian law, perhaps as locally already modified in Canaan to
suit the prejudices of the invaders while they were changing their
habits of life and became a settled people. But this view is not vivid
enough for others. There is a certain delight which some feel in
propounding views calculated to shock some one. The cruder view that the
Hebrew lawgiver, call him Moses or some higher critical periphrasis for
the same thing, sat down with a cuneiform copy of the Code before him
and copied out the Babylonian laws with some adaptations, may have been
enunciated with some such amiable wish, but was too crude to disturb any
one. It is barely worth record. The differences between the Codes are
too important for us to adopt it. If he made a copy it was a very bad
copy. Some allowance for the difference in age must also be made. Such a
length of time as five hundred to a thousand years must have been marked
by great changes in Babylonia or in Canaan. The advent of the
Israelites must have introduced new forces into the life of Palestine.
Here we have to weigh carefully our evidence, which points on the whole
to the Israelite contribution being more primitive in type, and in some
degree a return to early conditions which held before the time of
Hammurabi in Babylonia. Dear as these changes were to the later Jewish
mind, they were not what we should call improvements.
But when merely considering such general resemblances, along with such
marked differences, we can readily see that a theory of common origin
will suffice to account for the likenesses; while many subordinate
theories can be put forward to account for the differences. Between the
theories of these differences it must be impossible to decide until we
know more accurately the exact circumstances of the Israelites at, or
soon after, their conquest of Canaan. We may, for example, have to
regard the conquest as extending over a long period and admitting of
many gradations of supremacy in different parts. It is not likely that a
clean sweep was made of the old inhabitants and their customs at any one
epoch or place. We may have to extend this period of conquest down to
the end of the time of the Judges. Parallels are not wanting in the
history of Babylonia. The so-called Amorites had been some centuries in
the land before Hammurabi’s supremacy, even before they appear as
founding a dynasty.
Public-domain text, read in full here on John Shaqi.
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