The Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples: The Schweich Lectures — John Shaqi
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 Canaanites adopted exactly what suited them, they submitted to what
was imposed, just so long as they were obliged. That they adopted all
the Babylonian laws is absurd to suppose. Just as absurd as to suppose
that under Israelite rule, they adopted all Israelite law or custom. If
they had, there would then be nothing left for Israel to select or
reject. Let us give them credit for some independence even when
conquered. Their law was a Canaanite version of Babylonian or Israelite
law, in any case. If they had it written down in cuneiform even, it was
probably translated into Canaanite. Some would maintain that that was
Hebrew. At any rate, what we know of it is very similar. But that they
could have escaped Babylonian influence on their laws is almost
inconceivable. What we know of the Laws of Moses either proves that they
were, in some cases, practically the same as Babylonian, or else shows
direct Babylonian influence. We may turn this evidence the other way and
say that the Code of Hammurabi shows Canaanite influence, from what we
can see in it to be like the Laws of Moses. There are not lacking some
to call the dynasty of Hammurabi ‘Canaanite’. But the evidence rather
goes to show that what Hammurabi’s race contributed to his Code was more
like what Israel contributed to the Laws of Moses and not at all like
what a settled folk, such as the Canaanites, would contribute. We may
perhaps concede that the Canaanites were Semitic and of the same race as
those who conquered Babylon and founded Hammurabi’s Dynasty. At that
time they may have been nomads, as the Israelites were later when they
came into Canaan. But if, in Canaan, they retained a primitive type of
law and evolved a settled law or adopted it from some previous
inhabitants, so that their law also, like the Code of Hammurabi and the
Laws of Moses, was a blend of the two types; then we have no longer the
means to separate their particular blend from the other two.
It is of great importance to discern what was Canaanite law, and we
shall find some traces of it. But on the whole, we can only infer it by
separating from Israelite law what they are likely to have contributed
to it. It is not a very safe method, but we have no other yet. Some
contributions are made by the Tell-el-Amarna tablets. More may be
expected from fresh discoveries. There is another indirect method. The
laws of Phoenicia and Carthage may give some help. Even the Roman Laws
of the XII Tables may be of use. They do show surprising likenesses to
the Code of Hammurabi. How these laws could find their way from
Babylonia to Rome is not easy to imagine. Phoenicia may be thought of as
an intermediary. If this be tolerated as a solution, then we may assume
that where Babylon agrees with Rome, especially if Phoenicia can be
shown to agree also, it is probable that Canaan was also very similar.
If then Israel is the same as well we can hardly doubt whence the
original motive came.
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