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
In 1890, F. E. PEISER published in his thesis _Iurisprudentiae
Babylonicae quae supersunt_ (Cöthen, P. Schettler’s Erben) a number of
fragments of Babylonian Codes of Laws, and aptly illustrated them by
relevant legal documents. In 1902, BR. MEISSNER published what proved to
be some fragments of the Code of Hammurabi, from copies made for
Ashurbanipal’s Library at Nineveh, now preserved in the British Museum.
These appeared in the Third Volume of the _Beiträge zur Assyriologie_
(Leipzig, Hinrichs, 1898), under the title _Altbabylonische Gesetze_
(pp. 473-523), and were commented upon by FR. DELITZSCH in the next
volume (pp. 78-87) in an article entitled _Zur juristischen Litteratur
Babyloniens_ and regarded as _Bruchstücke eines altbabylonischen
bürgerlichen Gesetzbuchs_. Judging from the early forms of words and the
old Babylonian measures used in these texts the writer called the laws
the Code Hammourabi (1902). In his lecture before the German Emperor,
which created so much stir in theological circles and excited such
general interest in Germany and then over the whole world, FR. DELITZSCH
stated that Hammurabi, after his conquest of Elam and expulsion of the
Elamite power from Babylonia, was able to promulgate a great
_Gesetzessammlung_, which should unify the civilizations of the united
kingdom and fix the _bürgerliche Recht_ in all essential points. _Babel
und Bibel_ (Leipzig, Hinrichs, p. 25, 1902: delivered Jan. 13).
II. THE ACTUAL CODE
was first published by V. SCHEIL in the Fourth Volume of the _Mémoires
de la Délégation en Perse_, pp. 11-162, with transcriptions,
translation, and some notes (Paris, E. Leroux, 1902). Fragments of a
second example of the Stele were also given by V. SCHEIL in the Tenth
Volume of the _Mémoires_, pp. 81-84 (1908).
All subsequent editions of the text are based upon this edition. The
original monument being now in the Louvre at Paris and a superb cast of
it in the Babylonian Room of the British Museum, it is open to any
competent scholar to appreciate the extraordinary accuracy of V.
SCHEIL’s work. The transcription and translation have naturally been
somewhat improved by the intensive study devoted to them by the many
scholars who have worked upon the text, especially as the result of
comparison with the contemporary legal documents. But the highest praise
must be awarded to the genius which so successfully accomplished such a
task as that of editing an entirely new text involving so many new words
and expressions and such unexpected subjects.
RE-EDITIONS OF THE CUNEIFORM TEXT ITSELF.
Public-domain text, read in full here on John Shaqi.
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