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
A. T. CLAY in the _Orientalistische Litteraturzeitung_, xvii, January,
1914 (Leipzig, Hinrichs), writing on _A Sumerian Prototype of the
Hammurabi Code_, has made it clear that some of the laws existed in a
Sumerian dress. Hammurabi, as we have already contended, modified the
previously existing Sumerian laws, and taking some over bodily, changed
others to suit the peculiar prejudices of his subjects and the
circumstances of his time. We may soon be able to judge whether CLAY’S
_Sumerian Code_, as we may call it, was really early, or only the dress
in which Hammurabi’s law appeared in his Sumerian provinces.
We may pass on to notice briefly the chief sources from which it is
possible to deduce much of the local customary law throughout the
history of Babylonia. It may formally be divided into Temple accounts
and contracts, but a detailed classification would demand much more
space than we can here afford.
THE TEMPLE ACCOUNTS.
At all times the great temples of Assyria and Babylonia kept extensive
accounts of even daily revenue and expenditure. These accounts were most
carefully preserved, being written with special care on well selected
clay, and have reached us as a rule in exceptionally fine condition.
They give us an immense mass of information, largely consisting of dry
and disconnected items, but helping to build up knowledge. The French
explorations made by DE SARZEC at Telloh resulted in the discovery of an
enormous number of documents, mostly accounts kept of the daily expenses
and revenues of the vast temples there, from the earliest times down to
the Dynasty of Ur. One huge find of some 30,000 tablets of the latter
period were stolen by Arabs, and have been sold in large quantities to
European and American Museums, or to private collectors. Few of them are
legal documents, or concerned with other than Temple business, but
their contents illustrate the state of society in the times before the
First Dynasty of Babylon. They are most important for determining the
extent to which the Code of Hammurabi was dependent on, or influenced
by, the Sumerian Law of earlier days.
Of those which reached Constantinople, the products of the season of
1894 consisted entirely of tablets of the Dynasty of Ur, and were
classified by V. SCHEIL. The tablets found in 1895 were catalogued by
THUREAU-DANGIN, and are mostly of the Dynasty of Akkad. The finds of
1900 are all of the Dynasty of Ur. These are all now catalogued and
largely published in the _Inventaire des Tablettes de Tello conservées
au Musée Ottoman_ (Paris, E. Leroux, 1910), by FR. THUREAU-DANGIN and H.
DE GENOUILLAC.
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