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40 However, this tradition consisted not so much of the laws themselves but of “standard problems” or “school problems” that were considered and answered independently by each society. 45 As for the development of the text of CC, Westbrook has argued that the models of textual growth suggested by scholars such as Otto or Schwienhorst-Schönberger are inconsistent with the editorial evidence of cuneiform analogues. One must assume that the text is coherent and consistent. 46 Schwienhorst-Schönberger’s study, like Otto’s, is concerned with charting CC’s redactional history.
Yet another reader may wish to split the single topic 8 into two: talion and injury to a slave. Whether one counts twelve, thirteen, fourteen, or fifteen topics, the individual points of similarity remain. Furthermore, the descriptions of the topics themselves, such as “child rebellion” or “crop destruction,” are only to facilitate comparison. They are not definitive or comprehensive legal categories, as modern jurisprudence or broader comparative legal analysis might choose for description. They certainly are not proposed to mask differences or assimilate categories that are incomparable.
99 Second to Chirichigno in the number of observed sequential similarities is Van Seters’s recent study, noted previously. 100 He also recognizes that the second half of CC’s casuistic laws (21:37–22:14) has a thematic connection to the first half of LH, which correlates in part with the conclusions of this study (see part II). In contrast to Chirichigno, he claims that sequential similarities are evidence of literary dependence on LH. But Van Seters presents the data very schematically, without detailed commentary.