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
It is natural to inquire what were the laws of that earlier people in
Babylonia who preceded the Semites and are now called Sumerians. The
Semites took over their legal phrases, see above, and probably with them
some of their laws. The Semitic scribes drew up long lists of these
Sumerian phrases, many of which they still used in drawing up their
legal documents, just as Latin phrases or Norman-French lingered on in
our law-books. These phrases they translated, in parallel columns with
the Sumerian. Such books of phrases were issued in long series. One such
series, usually called _Ana Ittishu_, was discussed by BR. MEISSNER in
the _Wiener Zeitschrift für die Kunde des Morgenlandes_, iv, pp. 301 ff.
A great deal of it is published by P. HAUPT in vol. i of the
_Assyriologische Bibliothek_; by F. HOMMEL in his _Sumerische
Lesestücke_; by FR. DELITZSCH in his _Assyrische Lesestücke_, 3rd
edition, 1900, pp. 130-2; and by MEISSNER in the _Zeitschrift für
Assyriologie_, 1892, vii, pp. 16-32. PINCHES gives an account of it in
the _Encyclopaedia of Religion and Ethics_, iv, p. 256, 1910, where he
calls it the _Ulutinabishu Series_. Not much law can be made out of this
scrappy source; but one tablet records a set of regulations which seem
to be extracted from a code. They are usually referred to as _The
Sumerian Family Laws_, and are dealt with by T. G. PINCHES in the
_Encyclopaedia of Religion and Ethics_, iv, p. 257, 1910, and by
JEREMIAS in the same work, v, p. 447. A full treatment by P. HAUPT is
_Die sumerischen Familiengesetze in Keilschrift, Transcription und
Übersetzung_ (Leipzig, 1879). WINCKLER, COOK, PEISER, UNGNAD, and most
of the writers on the comparative side have quoted them in their
above-named works.
It may be doubted whether the so-called _Warnings to Kings against
Injustice_, see T. G. PINCHES in his _Encyclopaedia_ article, iv, p.
261, note 1, are so early, or really preserve part of a code. References
to legal reforms may be seen in the inscriptions of Urukagina, see L. W.
KING’S _History of Sumer and Akkad_, pp. 178-84 and the references, but
here again we cannot reconstruct much of the Sumerian law in question.
We have noted the discussion, p. 75, of the way in which Semitic scribes
regarded the Sumerian phrases they used.
The conclusion that Hammurabi codified the earlier legislation was
natural, and similarities in form suggested that he adopted much of the
Sumerian law which was previously in force.
Public-domain text, read in full here on John Shaqi.
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