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
The scientific view is that the common laws are due to common human
experience, which is much the same everywhere. It is closely allied with
the doctrine of evolution as applied to human institutions. If we could
only assume that the nations developed each separately and
independently, without mutual intercourse, it might suffice. But for
ages before the institutions we are considering, both Babylonia and
Palestine had been the meeting-place of many peoples. We cannot tell by
any _a priori_ method which race introduced which custom. All we know is
that an improvement is often readily adopted by people from those with
whom they come in contact, even when not forced upon them by conquest.
But we also know that even superior usefulness or comfort is not always
sufficient to keep a custom alive. We now know that without much
apparent reason even an essential craft may die out. In fact, this
common humanity origin of common customs is very useful, like the theory
of evolution, to account for observed results when we have no knowledge
of what preceded them and can only guess at the previous history. One
can then, without fear of contradiction, assert what we consider most
likely to have led up to them as their antecedents. But these easy
explanations do not absolve us from careful research where history can
be produced to work upon. The evolution of human institutions, if such
be a legitimate expression to use, has many a set-back or reaction, and
we may very well at any time be comparing progress in one history with
reaction in another.
Public-domain text, read in full here on John Shaqi.
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