The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich LecturesJohns, C. H. W. (Claude Hermann Walter)
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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 it is this sort of non-essential, for the most part useless but
approved, characteristic which shows conscious imitation, adoption, or
adaptation, that proves influence, indebtedness, or copying. In this
case instanced, in the absence of all documentary evidence, by its
frequency of occurrence, by its adaptation to local circumstance or
other local appropriateness, we also fix the locality of its origin.
Conclusions of this kind are accepted as legitimate in most modern
researches into prehistoric times.
So if we could fasten upon just such a point in the Code of Hammurabi
which appears so artificial or arbitrary, so purely local in its
character that we cannot imagine it to have independently arisen
elsewhere, we could use it as a test case to decide whether the great
amount of common matter found in that Code and also the Laws of Moses
may be set down as due to common Semitic origin, or to common human
genius faced by similar needs. There is no question as to the relative
age of the codes to be compared; we know definitely which is older and
more original.
Let us then consider a case which, like the need for pottery, might
arise anywhere when men had reached the same stage of civilization. A
man has lent money to another, or its equivalent in goods. The debtor,
as is commonly the case among men, finds himself unable to repay the
loan, for he has consumed the goods and been unable to acquire what will
replace them. His labour is probably of some value; it should be worth
more than his keep; the surplus value, if he can find employment and
wages, should in time enable him to repay the debt. Now in his area
employment may be scarce, wages low; but at any rate he may offer to
work for his creditor. The custom of making such an offer, which differs
little from taking service for wages, except that the wage has already
been prepaid, may arise almost anywhere. It is probably universal
amongst civilized peoples. The creditor soon can count on it as his
right to demand his debtor’s labour to repay the loan. He probably
calculates upon it as his security when he lends, and, if prudent, lends
no more than he can reasonably expect to be repaid in this fashion.
Public-domain text, read in full here on John Shaqi.
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