ocial, and religious development: (1) The Decalogue; (2)
the Book of the Covenant; (3) the {196} Deuteronomic Code; (4) the Code
of Holiness; (5) the Priestly Code. Of these five codes the last two
are almost entirely religious and ceremonial, and as the similarities
between the Babylonian and Hebrew ceremonial have already been pointed
out, they need not be considered in this connection. The other three
contain much legislation concerning social, civil, and criminal
relations, just like the Babylonian legal provisions, and therefore may
be considered somewhat more in detail. In connection with the
Deuteronomic Code, however, it may be noted that three fourths of the
laws in the earlier codes are reproduced in some form in Deuteronomy;
so that for purposes of comparison, the Deuteronomic Code does not
furnish many new elements. It is seen, therefore, that for a
comparative study, the Code of Hammurabi on the one hand, and the
Decalogue and the Book of the Covenant on the other, furnish the most
important material; and since the Code of Hammurabi contains no
religious and ceremonial provisions, the material of that nature in the
Hebrew codes may be omitted in this connection.
That there exist similarities between the legislations of the two
nations even a superficial reading will show. One is immediately
struck, for example, by the similarity in the application of the _lex
talionis_: Ham. 196, "If a man destroy the eye of another man, they
shall destroy his eye"; 197, "If one {197} break a man's bone, they
shall break his bone"; 200, "If a man knock out the tooth of a man of
his own rank, they shall knock out his tooth." With this compare Exod.
21. 23-25, "Thou shalt give life for life, eye for eye, tooth for
tooth, burning for burning, wound for wound, stripe for stripe"; or
Deut. 19. 21, "Thine eyes shall not pity; life shall go for life, eye
for eye, tooth for tooth, hand for hand, foot for foot." Compare also
Lev. 24. 19, 20, "If a man cause a blemish in his neighbor; as he hath
done, so shall it be done to him: breach for breach; eye for eye, tooth
for tooth; as he hath caused a blemish in a man, so shall it be
rendered to him." This principle is applied very extensively in both
codes in providing restitution for damage done.
The use of "the oath of innocence" is also enjoined in both codes: Ham.
249, "If a man hire an ox and a god strike it and it die, the man who
hired the ox shall swear before god and s
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