The Laws of Hammurabi: At the Confluence of Royal and Scribal Traditions. By Pamela Barmash. Oxford: Oxford University Press, 2020. Pp. 336. $99.00 (cloth); $97.99 (digital). ISBN: 9780197525401.

IF 0.6 0 RELIGION
Dwight Newman
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引用次数: 4

Abstract

Pamela Barmash’s The Laws of Hammurabi: At the Confluence of Royal and Scribal Traditions is a terrifically energetic new engagement with some very old legal material. This latest work from her is important insofar as it offers new exposition of the Laws of Hammurabi, reinterprets their character in their immediate context and their legacies, and has important implications for other scholarly thinking about ancient Near Eastern law and biblical law. Barmash is a significant expert on biblical law, who has published major reference works,1 but with this book, she expands the reach of her scholarly contribution in ways that matter not just to scholars of ancient Near Eastern law and biblical law but also anyone interested in legal history within the Western tradition generally. She delves many centuries earlier than Roman law to demonstrate the beginnings of sophisticated legal thinking in an earlier phase of history than often realized, and this is the genuinely groundbreaking dimension of the book. Barmash builds this significant contribution gradually through the course of the book. In her introduction, she hints at some of her aspirations, notably offering a “histoire totale” (3) of the Laws of Hammurabi, and considering the text’s origins, immediate reception, and later impacts. Barmash asserts from the outset the claim that the Laws of Hammurabi bestrides a royal tradition of exalting the monarch and a scribal tradition in which it became a classic text ultimately contributing within a tradition of legal thought. She uses the bulk of the introduction to situate her claims within prior accounts of the Laws of Hammurabi, surveying past views that have ascribed a statutory interpretation, a reading of it as pure scholarly literature, a reading of it as royal propaganda, and views that have tried to integrate various past views (6–11). In the later pages of the introduction, Barmash skillfully sketches the argument to come: the Laws of Hammurabi start within a royal tradition and become a classic legal text. In chapter 1, Barmash introduces the physical stela containing the Laws of Hammurabi, offering a helpful introduction for those new to the subject and highlighting the literally
帕梅拉·巴马什的《汉谟拉比的法律:在皇家和抄写传统的交汇处》是对一些非常古老的法律材料的一次非常有活力的新接触。她的这部最新作品非常重要,因为它对《汉谟拉比律法》进行了新的阐释,在其直接背景和遗产中重新诠释了它们的特征,并对其他关于古代近东律法和圣经律法的学术思考产生了重要影响。巴玛什是圣经法方面的重要专家,她出版了许多重要的参考著作,但在这本书中,她扩大了自己学术贡献的范围,不仅对古代近东法和圣经法的学者有影响,而且对任何对西方传统法律史感兴趣的人也有影响。她深入研究了比罗马法早几个世纪的法律,展示了复杂的法律思想在历史上比人们通常意识到的更早阶段的开端,这是这本书真正开创性的方面。Barmash在书中逐渐建立了这个重要的贡献。在她的引言中,她暗示了她的一些愿望,特别是提供了《汉谟拉比律法》的“历史故事”(3),并考虑了文本的起源、即时接受和后来的影响。巴马什从一开始就断言汉谟拉比法超越了赞颂君主的皇室传统和成为经典文本的抄写传统最终在法律思想的传统中做出了贡献。她用引言的大部分内容将她的主张置于先前对《汉谟拉比律法》的描述中,调查了过去的观点,这些观点认为《汉谟拉比律法》是一种法定解释,一种将其解读为纯粹的学术文献,一种将其解读为皇室宣传,以及试图整合各种过去观点的观点(6-11)。在引言的后几页,巴马什巧妙地勾勒出即将到来的论点:《汉谟拉比法》始于王室传统,并成为经典法律文本。在第一章中,Barmash介绍了包含汉谟拉比定律的物理石碑,为那些新的主题提供了有用的介绍,并强调了字面上的意思
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来源期刊
CiteScore
1.30
自引率
0.00%
发文量
55
期刊介绍: The Journal of Law and Religion publishes cutting-edge research on religion, human rights, and religious freedom; religion-state relations; religious sources and dimensions of public, private, penal, and procedural law; religious legal systems and their place in secular law; theological jurisprudence; political theology; legal and religious ethics; and more. The Journal provides a distinguished forum for deep dialogue among Buddhist, Confucian, Christian, Hindu, Indigenous, Jewish, Muslim, and other faith traditions about fundamental questions of law, society, and politics.
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