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
It is most probable that some of the features which Hammurabi’s Code has
in common with the early Hebrew legislation are only slightly modified
from the still earlier codes which date from the time of earlier
Sumerian supremacy in Babylonia. Hence we should remember that a common
Semitic origin may really be only a step towards a reference of both to
an early Babylonian origin. At present we are not likely to find
evidences of early Semitic custom anywhere so early by some thousand
years as in Babylonia; and though we are quite justified in supposing
that Arab customs may be older still, as they certainly are more
primitive, we can never date them with certainty except when we can show
them to arise purely and simply out of local circumstances. Then we may
perhaps affirm that they must always have been the custom in Arabia and
treat them as a witness to early Semitic law. On this side of the
question Mr. S. A. COOK’s work is invaluable.
But the evolutionist or scientific man has a much easier solution. He
has made a comparison of laws among such foreign folk as are wholly
unconnected with Semites or Sumerians. It is found that all men
everywhere do hit upon much the same solution of the same social
problem. We may say that the likenesses we perceive between the Code of
Hammurabi and the Hebrew laws are due to the natural dictates of human
experience. If we take up the laws, one by one, which are common to the
two systems, we can account for almost all the likenesses in this way.
Some very remarkable similarities have been shown by PROFESSOR D. H.
MÜLLER to exist between the Code of Hammurabi and the Twelve Tables of
the Roman Law. PROFESSOR COHN, of Zürich, has pointed out strong
likenesses to the laws of the West Goths. On the other hand, DR. H.
GRIMME has pointed out some very close agreements between the Mosaic
Laws and an ancient Semitic Law of Bogos, which goes back before the
coming of the Amhara into Abyssinia. There are some likenesses even with
the old Indian laws of Manu, and even the laws of the Aztecs have been
compared. We could not expect much assent if we argued for a common
parentage of these widely scattered laws and their descent from the Code
of Hammurabi.
Public-domain text, read in full here on John Shaqi.
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