The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-09-16


vantage accruing 20 the natural parent Of
the child adopted was an immediate cash
pay me The advantage OF the child
adopted was the share which would come 10
him In the estate Of those who adopted him
Emancipation by q father or widowed
mother unaocompanied by adoption into
another family was a striking feature OF
the Babylonian law. II was a necessary
accompaniment Of the custom Of advancing
TO a son his portion OF thel paternal inheri-
tanoe. A son who was established In
business might desire TO receive from his
parent a portion OF the ancestral estate In
order TO increase his available capital
The other children might consent TO this
II II was clearly understood that II was an
advance and not a gift. and that the son
thus favored was cut OF from sharing In
the family estate on the parents deoease.
Accordingly when a son received his por-
ton, he was emanolpated The solemn
formula. Thou art not my SON. Thou
art not my father. " were employed, and the
son was no longer regarded az a son in
heritinR with the others. Under an ancient
law. severe penalties were attached TO the
RECOMMENDATION OF these formule, but.
by the time OF Hammarabi about 2soO
Il c. the penalties had become dead letters.
40 far as the right OF emancipation vas
concerned.
Wills or document dIsposing OF property after
ones death we're not known 10 the Old Baby
lonians. The earliest known will was that
Of sennachertb. and. when translated. forms
a document OF not more than ten lines. That
q man should have control OF hts property
after his death was a notion antagonistio 10
the conception OF possession which underiay
ancient Babylonian law. and especially the con-
ception Of real property, According 10 this con-
ception, the property belonged TO the family
As has been shown, n son might receive his
share in advance. but, unless that took place
the property might he administered by the
widow Of the decreased, who managed II for her
children, On the Widows death. the property
was divided among the children equally. except
that a slight preference was given TO the first
born. Should a man wish 10 make any other
distribution OF his property than that provided
for by the customary law o. succession, he made
Il during his llfe;lms b. 4 deed n his property
20 the person whom he wished to benefit The
deed Of property might ne either an absolute
gift whereby possession and enjoyment were
then and there conveyed. or. as was not infre-
QuNntlv the case. a mere transfer Of title. coupled
with certain conditions. such a. q life annuity.
20 be paid the person conveying the properly
OF a retention OF the u~sufruct for life by the
grantor In this way all the important results
Of a testament were obtained, and the law. Ia
spite ~ the primitive notions on which II was
founded, as made 10 conform 10 the demands
Of "a more advanced civilization.
The legal ideas set forth by Mr.. Ice seem
70 have been In no respect peculiar 70 the city
OF Babylon. They were the common property
OF all the dwellers In Mesopotamia- The legal
conceptions that undsrlay the customary
law Of Assyria were, so far a. they have been
ascsrtained. Identical with those known 10
have been in foroe In the southern kingdom.
The civilizations Of these two kingdoms were
similar, and. In each case, the whole legal sys-
ten did not consist OF statute law. or law en-
acted by authority, but was the slow and sron-
taneou. outcome OF social conditions. Tho
law Of Babylon did not come 10 nm end with
the fall Of the Ssw Babylonisn Empire. In
Vulnerable tablets OF a later date than the
conquest Of Babylon by tho Persians have
been preserved. The conquerors were in
matters Of law inferior 10 the conquered. not
having been subiected to tho same complex
conditions. Consequently. they adopted the
Babylonian legal system to a large extent.
and especially with regard 70 those fields Of
activity In which the genius Of the BHbvlo-
man. had achieved the greatest results. The
extensive conOuests Of the Persian Empire
dirused a knowledge OF Babylonian COM
mercial jurisprudence throughout a vast tract
OF country. That which had at one time been
the exclusive possession OF one highly favored
city became the property Of the whole known
world. although much had already be-n don.
by tho Phuniciens to spread the law Of Baby
lon among Mediterranean lands. The Phr-
nicians who adopted the Babylonian COM
metcial law had q colony. II should be remem-
bered. at Memphis in very early times. and
also colonies in Cyprus. Rhodes and Crete
and on the coasts Of Greece, italy. Sicily. Africa
and even Spain. The commercial law which they
carried 10 Cahiz had been evolved ages before
on the shores Of the Persian Gulf. NJ. ". II.