The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich Lectures — John Shaqi
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
Now one of Israel’s circumstances was Canaan. The Canaanites had settled
laws, and to some extent those laws must have embodied the results of
experience of what was suitable in Canaan. Israel might have arrived at
the same results, by the same way. It is, however, surely difficult to
deny that they availed themselves of Canaanite experience and adopted
Canaanite laws. If they did so at all, it is mere quibbling to deny
Canaanite influence. Even if they had so framed their laws as to avoid a
likeness to Canaanite laws altogether, that would still show Canaanite
influence. That they did neither, but achieved a totally distinct type
of law, can alone show complete independence. That they did not adopt
all Canaanite customs, but made a selection, shows the best sort of
independence. That there was always a strong tendency to adopt too much
that was Canaanite, is the lament of their best teachers. These also
protested against much that was Israelite custom. But it is not certain
that these protests were always against what had been Canaanite. It may
sometimes have been more primitive custom, properly more Israelite. For,
at any rate, regarded from the point of civilization, we must admit that
the Canaanites were more advanced.
It might now be supposed that the differences of opinion which have been
called forth by comparisons of the Hebrew and Babylonian legislations
resolve themselves into this: that one opinion emphasizes the
independence, the other dwells upon the influence. That is partly true,
but does not cover all the divergence. For when similarities are
accounted for by a common Semitic origin, or an _Urgesetz_, or as the
natural outcome of human intellect acting similarly in similar
circumstances, not all the factors of the problem are taken into
account. These might be adequate solutions if Israel had been separated
from all other Semitic races and entered an empty Canaan. They might
even account for the similarities, such as they are, between the laws of
the Babylonians and the Aztecs. Men everywhere do reach the invention of
pottery, but man anywhere will use the pot he finds ready made.
Public-domain text, read in full here on John Shaqi.
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