Kenyon, in Hastings' Dict., art.: Writing, dates the Proverbs of Ptah-hotep, the first recorded literary composition in Egypt, at 3580–3536 BC, and asserts the free use of writing among the Sumerian inhabitants of Babylonia as early as 4000 BC The statutes of Hammurabi king of Babylon compare for extent with those of Leviticus, yet they date back to the time of Abraham, 2200 BC—indeed Hammurabi is now regarded by many as the Amraphel of Gen. 14:1. Yet these statutes antedate Moses by 700 years. It is interesting to observe that Hammurabi professes to have received his statutes directly from the Sun-god of Sippar, his capital city. See translation by Winckler, in Der alte Orient, 97; Johns, The Oldest Code of Laws; Kelso, in Princeton Theol. Rev., July, 1905:399–412—Facts “authenticate the traditional date of the Book of the Covenant, overthrow the formula Prophets and Law, restore the old order Law and Prophets, and put into historical perspective the tradition that Moses was the author of the Sinaitic legislation.”
As the controversy with regard to the genuineness of the Old Testament books has turned of late upon the claims of the Higher Criticism in general, and upon the claims of the Pentateuch in particular, we subjoin separate notes upon these subjects.
The Higher Criticism in general. Higher Criticism does not mean criticism in any invidious sense, any more than Kant's Critique of Pure Reason was an unfavorable or destructive examination. It is merely a dispassionate investigation of the authorship, date and purpose of Scripture books, in the light of their composition, style and internal characteristics. As the Lower Criticism is a text-critique, the Higher Criticism is a structure-critique. A bright Frenchman described a literary critic as one who rips open the doll to get at the sawdust there is in it. This can be done with a sceptical and hostile spirit, and there can be little doubt that some of the higher critics of the Old Testament have begun their studies with prepossessions against the supernatural, which have vitiated all their conclusions. These presuppositions are often unconscious, but none the less influential. When Bishop Colenso examined the Pentateuch and Joshua, he disclaimed any intention of assailing the miraculous narratives as such; as if he had said: “My dear little fish, you need not fear me; I do not wish to catch you; I only intend to drain the pond in which you live.” To many scholars the waters at present seem very low in the Hexateuch and indeed throughout the whole Old Testament.
Shakespeare made over and incorporated many old Chronicles of Plutarch and Holinshed, and many Italian tales and early tragedies of other writers; but Pericles and Titus Andronicus still pass current under the name of Shakespeare. We speak even now of “Gesenius' Hebrew Grammar,” although of its twenty-seven editions the last fourteen have been published since his death, and more of it has been written by other editors than Gesenius ever wrote himself. We speak of “Webster's Dictionary,”though there are in the “Unabridged” thousands of words and definitions that Webster never saw. Francis Brown: “A modern writer masters older records and writes a wholly new book. Not so with eastern historians. The latest comer, as Renan says, ‘absorbs his predecessors without assimilating them, so that the most recent has in its belly the fragments of the previous works in a raw state.’ The Diatessaron of Tatian is a parallel to the composite structure of the O. T. books. One passage yields the following: Mat. 21:12a; John 2:14a; Mat. 21:12b; John 2:14b, 15; Mat. 21:12c, 13; John 2:16; Mark 11:16; John 2:17–22; all succeeding each other without a break.” Gore, Lux Mundi, 353—“There is nothing materially untruthful, though there is something uncritical, in attributing the whole legislation to Moses acting under the divine command. It would be only of a piece with the attribution of the collection of Psalms to David, and of Proverbs to Solomon.”
The opponents of the Higher Criticism have much to say in reply. Sayce, Early History of the Hebrews, holds that the early chapters of Genesis were copied from Babylonian sources, but he insists upon a Mosaic or pre-Mosaic date for the copying. Hilprecht however declares that the monotheistic faith of Israel could never have proceeded “from the Babylonian mountain of gods—that charnel-house full of corruption and dead men's bones.” Bissell, Genesis Printed in Colors, Introd., iv—“It is improbable that so many documentary histories existed so early, or if existing that the compiler should have attempted to combine them. Strange that the earlier should be J and should use the word ‘Jehovah,’ while the later P should use the word ‘Elohim,’when ‘Jehovah’ would have far better suited the Priests' Code … xiii—The Babylonian tablets contain in a continuous narrative the more prominent facts of both the alleged Elohistic and Jehovistic sections of Genesis, and present them mainly in the Biblical order. Several hundred years before Moses what the critics call two were already one. It is absurd to say that the unity was due to a redactor at the period of the exile, 444 BC He who believes that God revealed himself to primitive man as one God, will see in the Akkadian story a polytheistic corruption of the original monotheistic account.” We must not estimate the antiquity of a pair of boots by the last patch which the cobbler has added; nor must we estimate the antiquity of a Scripture book by the glosses and explanations added by later editors. As the London Spectator remarks on the Homeric problem: “It is as impossible that a first-rate poem or work of art should be produced without a great master-mind which first conceives the whole, as that a fine living bull should be developed out of beef-sausages.” As we shall proceed to show, however, these utterances overestimate the unity of the Pentateuch and ignore some striking evidences of its gradual growth and composite structure.
The Authorship of the Pentateuch in particular. Recent critics, especially Kuenen and Robertson Smith, have maintained that the Pentateuch is Mosaic only in the sense of being a gradually growing body of traditional law, which was codified as late as the time of Ezekiel, and, as the development of the spirit and teachings of the great law-giver, was called by a legal fiction after the name of Moses and was attributed to him. The actual order of composition is therefore: (1) Book of the Covenant (Exodus 20–23); (2) Deuteronomy; (3) Leviticus. Among the reasons assigned for this view are the facts (a) that Deuteronomy ends with an account of Moses' death, and therefore could not have been written by Moses; (b) that in Leviticus Levites are mere servants to the priests, while in Deuteronomy the priests are officiating Levites, or, in other words, all the Levites are priests; (c) that the books of Judges and of 1 Samuel, with their record of sacrifices offered in many places, give no evidence that either Samuel or the nation of Israel had any knowledge of a law confining worship to a local sanctuary. See Kuenen, Prophets and Prophecy in Israel; Wellhausen, Geschichte Israels, Band 1; and art.: Israel, in Encyc. Brit., 13:398, 399, 415; W. Robertson Smith, O. T. in Jewish Church, 306, 386, and Prophets of Israel; Hastings, Bible Dict., arts.: Deuteronomy, Hexateuch, and Canon of the O. T.
It has been urged in reply, (1) that Moses may have written, not autographically, but through a scribe (perhaps Joshua), and that this scribe may have completed the history in Deuteronomy with the account of Moses' death; (2) that Ezra or subsequent prophets may have subjected the whole Pentateuch to recension, and may have added explanatory notes; (3) that documents of previous ages may have been incorporated, in course of its composition by Moses, or subsequently by his successors; (4) that the apparent lack of distinction between the different classes of Levites in Deuteronomy may be explained by the fact that, while Leviticus was written with exact detail for the priests, Deuteronomy is the record of a brief general and oral summary of the law, addressed to the