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
But while the evolutionary theory of human institutions may be appealed
to for satisfying our curiosity when no possible answer can be given by
history, there are things often to be observed which it does not well
account for, and then recourse to it is the reverse of scientific. An
illustration taken from the arts may help to clear our minds on this
point. It may be assumed that all men everywhere may be expected to hit
upon the device of burning clay vessels until they obtain some rude form
of pottery and then develop the potter’s art to some extent. We may call
this evolution. Not only can the making of pots and pans be adduced from
all parts of the globe, but truly astonishing resemblances can be
discovered between pottery from districts so remote that we cannot
believe there can ever have been communication between them. Here an
independent evolution has produced the same results in unconnected
areas. If that were all, the modern science of pottery evidence would be
impossible. We cannot afford time or space even to sketch here the
chief results of the intensive comparative study of pottery, which has
become so powerful a weapon in the hands of the modern archaeologist.
Not only the age of the stratum on which it was found, but even the
nationality of the maker, can frequently be asserted beyond reasonable
question. Every one must be familiar with such statements as that
Mycenaean pottery has been found on some site or other recently examined
in Greece, Asia Minor, or Palestine. We are led to suppose that there is
something distinctive about it which fixes its origin and age quite
unmistakably. Now this is not its special fitness for meeting a want
which could be met no other way, so that every people everywhere must
have produced Mycenaean pottery once they reached the compelling stage
of civilization which demanded it. It is some non-essential feature
which marks its distinction from all other than deliberate imitations of
it. It must be something that appeals to a taste which could only arise
after the thing itself had arisen. The admiration felt for Mycenaean
pottery would lead to a demand for it, and that might lead to imitation
of it, but no conceivable set of circumstances could have led men to
achieve it independently. If this could be conceded, the whole science
built on modern study of pottery comes to an end. The presence of such
pottery in Palestine does not indeed prove that any Mycenaean potter
ever visited the country, but that his wares were brought there, were
valued and in request. Further, the pottery came within fairly definite
limits of time.
Public-domain text, read in full here on John Shaqi.
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