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
Many discussions arose as to the meaning of particular sections. Thus C
F. LEHMANN(-HAUPT) wrote in _Klio_, vol. iii, pp. 32-41 (1904), on _Ein
missverstandenes Gesetz Hammurabis_, which was also taken as the title
of an article by F. E. PEISER in _Orientalistische Litteraturzeitung_,
vol. vii, cols. 236-7 (1904). Neither of these scholars can be said to
have quite settled the questions they had raised; but the subject of §§
185-93 was greatly cleared by their thoughtful treatment.
In 1908 M. SCHORR contributed to the _Wiener Zeitschrift für die Kunde
des Morgenlandes_, vol. xxii, pp. 385-92, an article on _Die §§ 280-282
des Gesetzbuches Hammurabis_, followed, pp. 393-8, by an article of D.
H. MÜLLER on _Die §§ 280-282 des Kodex Hammurabis_.
M. SCHORR in 1906 had written in the same journal, vol. xx, pp. 119-23,
an article _Zum § 27 des Hammurabi-Gesetzes_, and in the _Vienna
Oriental Journal_, xx (1906), pp. 314-36, _Der § 7 des
Hammurabi-Gesetzes_.
BR. MEISSNER has discussed the correct word for a builder in the Code in
the _Orientalistische Litteraturzeitung_, vol. xv, cols. 38-59 (1912),
under the title _Zu Hammurapis Gesetz_, xix, R. 93.
_Die Lücke in der Gesetzes-Stele Hammurapis_, by A. UNGNAD, in the
_Beiträge zur Assyriologie_, vi, Heft 5, discussed all the means known
to fill the gap as existing in the text, but the new sources named on p.
66 above will very likely suffice to complete the text.
THE STRUCTURE OF THE CODE.
Considerable weight may ultimately have to be laid on the grouping of
the laws by ‘tens’ or ‘fives’. This aspect had been discussed by D. G.
LYON in the _Journal of the American Oriental Society_, vol. xxv, pp.
248-65, as _The Structure of the Hammurabi Code_ (New Haven, Conn.,
1904).
C. F. KENT in his excellent work on _Israel’s Laws and Legal Precedents_
(London, Hodder & Stoughton, 1907) makes considerable use of a division
of Hebrew laws into groups of five or ten, of which the Ten Commandments
forms a well-known example. Whether or no these divisions command
general assent, we should notice that D. G. LYON finds repeated evidence
of the same grouping in the Code of Hammurabi. This naturally cannot be
pressed too far as evidence of dependence. But it is surely
non-essential that laws should be arranged in pentads unless we are to
suppose that a reference to five fingers as a method of recalling the
separate clauses is involved, and would be natural to expect in such
cases. But that Israelite fondness for the number seven, shown in their
seven-day week as against the Babylonian week of five days, or their
partiality for other sacred numbers, did not affect the numbering of the
laws may well be significant. If it turn out that these groups of five
also correspond in contents, even though they show traces of change, we
have a strong argument for dependence which supports any others pointing
in the same direction.
THE PLACE OF THE CODE IN COMPARATIVE LAW.
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