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
A favourite theory of the resemblances is that they are due to a common
Semitic origin. Let us examine that theory more closely. In support of
it we have to show that the common features are of a Semitic type. This
is more difficult than is generally supposed. When practically the only
pastoral nomads whose customs were at all well known to theologians were
the Arabs and, as usually assumed, the Israelites, many features were
put down as Semitic which are now recognized as rather due to the
exigencies of the nomadic life. The recognition of the Babylonians as a
type of settled Semites led by slow gradations to the admission of other
features as also Semitic, while some things hitherto only known among
Semites have been recognized as the common possession of many unrelated
folk. Gradually, and probably unconsciously, ‘common Semitic origin’ has
become a mere euphemism for ‘Babylonian’. For to what part of the
Semitic world can we look for so advanced a civilization as to be common
both to the Babylonian and Israelite law? It must be at least as
advanced as the things common to those laws and yet not presuppose a
state of society which could not be true of a Semitic people. It would
be interesting if we can find anywhere a clear sketch of what
conceivable state of society the common Semitic origin really implies.
It might then be argued that no such society ever existed. At present
all we can say is that we do not know where to find it. It is really
only a convenient term, like evolution, to conceal our ignorance of
history.
Public-domain text, read in full here on John Shaqi.
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