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
If it could be shown that just those features which are common to the
Hammurabi Code and the Israelite, and therefore presumably existed in
the common Semitic origin, are unlike anything in the Sumerian or
pre-Semitic laws of Babylonia, then the fact of a common Semitic origin
might have to be admitted without our being able to fix upon a locality
for it. In Babylonia a predominance of Semites, at least in the north,
may be dated, perhaps a thousand years before Hammurabi, under Sargon of
Akkad. But while we know of Sumerian Family Laws and have references to
legal reforms under the Sumerian Kings of Babylonia even in pre-Sargonic
times, we have not yet sufficient material from those early days to know
exactly how far Hammurabi’s Code was really an advance upon older
Sumerian law. Slowly but surely we are learning that precisely the same
legal forms were in use, long before Hammurabi, among the Sumerians of
the south. The legal documents of Hammurabi’s age are full of the old
Sumerian words and phrases, used just as dog-Latin or Norman-French was
in our deeds of early English times. We could not claim a common use of
Teutonic translations of Roman law terms in England and Germany, if such
existed, as proof of a common Teutonic origin for the laws. But the
Hammurabi Code is full of Semitic translations of Sumerian terms. This
would be quite fatal to the theory of common Semitic origin but for the
fact that the Sumerians had been conquered so long before by Sargon, and
we cannot yet clearly sift out what may have been due to his Semitic
followers from what may have been imposed on them by the subject
Sumerians. The conquest of Babylonia by Elam may have affected its laws
more than we think. The barbarous Elamite punishments survived in
Babylonia, in Mesopotamia, even in Israel, two thousand years or more.
But one can hardly argue much from that. The early history of Babylonian
law is still very obscure, and we can only state probabilities of more
or less cogency.
The Semitic origin seems afflicted by lack of cogency. One must respect
it for the attachment which certain estimable divines show to it. One
rather wonders whether Noah was a Semite as well as his eldest son, and
whether these laws really go back as early as Shem. Elam had claims to
be a Semite, and an early Semitic kingdom in Elam seems to have been
long predominant there. Was Elam the real common Semitic home both of
Amorites and Israelites? There was a district not far from the border of
Elam over which Kudur-Mabuk, the father of Rîm-Sin, once ruled, and
which was known as the land of the Amorites. Thence the First Dynasty of
Babylon may have come. Whether the ancestors of Abraham in Ur of the
Chaldees were once Amorites or earlier Elamites we cannot yet decide.
But with all these speculations scientific folk show small patience: for
they have another way of solving the problem.
Public-domain text, read in full here on John Shaqi.
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