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.

The meaning and status of the _rîdtsâbê_ was discussed by S. DAICHES,

_Zur Erklärung des Hammurabi-Codex_, in _Zeitschrift für Assyriologie_,

1904-1905, pp. 202-22. Many useful hints will be found in _Semitica:

Sprach-und rechtsvergleichende Studien_, in the _Sitzungsberichte der

philosophisch-historischen Klasse der kaiserlichen Akademie in Wien_,

1906, cols. 1-88 (Wien, A. Hölder).

The exact way in which the Semitic people of the Hammurabi period

exploited the stores of legal knowledge acquired by the Sumerians is

still much discussed. So by M. SCHORR in his _Die altbabylonische

Rechtspraxis_, published in _Wiener Zeitschrift für die Kunde des

Morgenlandes_, vol. xxiv, pp. 431-61, and again in the _Revue

Sémitique_, 1912, pp. 378-97, _Zur Frage der semitischen und sumerischen

Elemente im altbabylonischen Rechte_. See also _Das Sumerische in den

Rechtsurkunden der Hammurabi-Periode_, by M. SCHORR, in the _Hilprecht

Anniversary Volume_, pp. 20-32.

The question whether the Sumerian phrases in the contemporary contracts

were read as Semitic or Sumerian has been discussed by A. POEBEL in the

_Orientalistische Litteraturzeitung_, 1911, cols. 241-7, under the title

_Zur Aussprache der sumerischen Phrasen in den altbabylonischen

Rechtsurkunden_, and in cols. 373-4 A. UNGNAD wrote, under the same

title, _Eine Berichtigung_. M. SCHORR replied, cols. 559-61.

The question how far the Hammurabi Code was operative was soon raised.

The existence of a very large number of legal documents relating to all

manner of transactions seemed likely to afford a ready answer. In 1905

BR. MEISSNER wrote his _Theorie und Praxis im altbabylonischen Recht_

for the _Mitteilungen der Vorderasiatischen Gesellschaft_, pp. 257-303.

The need of a more extended examination made the promise of KOHLER and

PEISER’S _Hammurabi-Gesetz_ so welcome, see p. 67. KOHLER and UNGNAD

have now fulfilled this by publishing in Heft III-V the whole available

material as _Übersetzte Urkunden_ with most valuable _Erläuterungen_

(Leipzig, Hinrichs, 1909-1911). A similar enterprise was undertaken by

M. SCHORR in _Kodeks Hammurabiego a owezesna praktyka prawna, Das

Gesetzbuch Hammurabis und die zeitgenössische Rechtspraxis_, in the

_Bulletin de l’Académie des Sciences de Cracovie_, followed by

_Altbabylonische Rechtsurkunden aus der Zeit der I. babylonischen

Dynastie_ in the _Sitzungsberichte der kaiserlichen Akademie der

Wissenschaften in Wien, philosophisch-historische Klasse_, 155. Band, 2.

Abhandlung, 1907, 160. Band, 5. Abhandlung, 1909, and 165. Band, 2.

Abhandlung, 1910 (Vienna, A. Hölder), with transcription, translation,

and commentary. Together with UNGNAD’S work this should enable any

scholar to form a well-founded and independent judgement.

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.

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 Relations between the Laws of Babylonia and the Laws of the Hebrew Peoples The Schweich Lectures · 第 18 / 27 题