By KELSEN HANS
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Extra info for Ensayos sobre jurisprudencia y teología
While CC has moved the homicide law from its location in Hammurabi’s series, it left the injury law in its original position, just before the laws on striking one of a lower class (LH 208 // Exod 21:20–21) and miscarriage (LH 209–214 // Exod The Casuistic Laws 37 21:22–24) and, as noted, not far after the laws on the child rebellion (LH 192– 193, 195 // Exod 21:15, 17). As for the laws that intervene between Hammurabi’s child rebellion and injury laws, CC moved the talion laws from its source (LH 196–201) into the miscarriage laws (Exod 21:23–25; see topics 7 and 8), and it omitted the laws on humiliating striking (LH 202–205), a marginal topic for CC.
Preiser: “A direct literary dependence Introduction: The Basic Thesis and Background 17 on Hammurabi’s ‘law’ or on any other of the law collections from the near east . . 27 More recently, Ralf Rothenbusch and Eckart Otto have criticized arguments of literary dependence as simplistic and uninformed. 28 In specific reaction to John Van Seters’s claim of a literary connection to LH and other cuneiform literature, though in the Neo-Babylonian period, Otto observed:29 A better knowledge of cuneiform legal material could have shown Van Seters that the hypothesis of direct reception of the Codex Hammurabi (CH) by J is a far too simple solution for the complex legal transfers between cuneiform and biblical law.
Ittanaššīši) to summarize the threefold means of support that the sister is to receive. The same verb form appears in LH 148 to describe the support the second wife is to receive. CC could have accessed the motif of threefold support in LH 178 through the common verb in the two Akkadian laws—a case of cross-referencing—to fill out its law. Both Exodus 21:11 and LH 149 end with a condition under which the woman may leave, with a grant of some economic benefit: “if he does not do these three things she may leave without further obligation; no (redemption or debt) payment is due” (“ ;)ואם שלש אלה לא יעשה לה ויצאה חנם אין כסףif that woman does not agree to dwell in her husband’s house, he shall restore the dowry that she brought .
Ensayos sobre jurisprudencia y teología by KELSEN HANS