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
The questions of guarantee, security, &c., are finely treated by P.
KOSCHAKER in his work, _Babylonisch-assyrisches Bürgschaftsrecht_
(Leipzig, Teubner, 1911).
Business in general is well dealt with by FR. DELITZSCH in his _Handel
und Wandel in Altbabylonien_ (Stuttgart, Deutsche Verlagsanstalt, 1910).
_Die Commenda im islamischen Rechte_, by J. KOHLER (Würzburg, Stahel,
1885), is to be compared.
_Aus dem altbabylonischen Recht_, by BR. MEISSNER, in _Der alte Orient_,
vii, Heft 1, 1905 (Leipzig, Hinrichs), is excellent.
On the whole subject of Babylonian law a valuable treatise is P.
KOSCHAKER’S article, _The Scope and Methods of a History of
AssyrioBabylonian Laws_ in the _Proceedings of the Society of Biblical
Archaeology_, 1913, pp. 230-43. _Babylonian and Assyrian Laws,
Contracts, and Letters_, by the present writer, in _The Library of
Ancient Inscriptions_ (T. & T. Clark, Edinburgh, 1904), and the articles
on _Babylonian Law_, by the same author, in _The Encyclopaedia
Britannica_, vol. iii, 1910, may be consulted, pp. 115-21, and in _The
Encyclopaedia of Religion and Ethics_. The French jurist, ED. CUQ, in
his _Notes d’épigraphie et de papyrologie_, published in the _Nouvelle
Revue historique du droit français et étranger_ (Paris, L. Larose),
1906-1909, discussed many points of _Le Droit babylonien au temps de la
Première Dynastie de Babylone_.
LEXICOGRAPHY OF THE CODE.
Most of the discussions and editions above referred to deal with points
in the lexicography. The edition by UNGNAD in his Band II, named on p.
68, gives the latest results of the investigations in this domain. A few
other works deserving of note will be added here.
The meaning of _amêlu_ was elucidated by H. WINCKLER in his
_Altorientalische Forschungen_, ii, pp. 312-15, 1901 (Leipzig,
Pfeiffer).
The difficult word _mushkênu_, rendered _noble_ by SCHEIL and after him
by DARESTE and others, was given this meaning because the fines and
penalties inflicted on him in the Code seemed to be less than those
inflicted on the ordinary man. The ideogram used in the Code was not
rendered into Semitic Babylonian by SCHEIL, but first in print by H.
ZIMMERN. A crowd of extraordinary guesses as to the meaning of the term
were hazarded, founded on the cognate languages. Thus it was discussed
by E. LITTMANN in _Zur Bedeutung von miskên, Zeitschrift für
Assyriologie_, vol. xvii, pp. 262-5 (Strassburg, K. J. Trübner, 1903),
who made it out to be _leper_ and by ET. COMBE in _Babyloniaca_, vol.
iii, pp. 73-4, who settled the meaning from its use in modern Arabic.
The present writer had already anticipated much of this in his _Oldest
Code_ and the _Notes on the Hammurabi Code_, above, p. 70.
Public-domain text, read in full here on John Shaqi.
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