But granting that ordinary ancient law is not to be taken in our rigorous modern sense, yet the fact that what we are dealing with here is Divine law may seem to some to imply that in all its details it was meant to be fulfilled to the letter. If not, then in what sense is it inspired, and how can we be justified in regarding it as Divinely given? The reply to that is, of course, simply this, that inspiration makes free use of all forms of expression which are common and permissible at the time and place at which it utters itself. From all we know of the Divine methods of acting in the world, we have no right to suppose that in giving inspired laws God would create entirely new and different forms for Himself. On the contrary, legislation in ancient Israel, though Divine in its source, would naturally take the ordinary forms of ancient law. Moreover in this case it could hardly have been otherwise. As has already been pointed out, a large part of the Mosaic legislation must have been adopted from the customs of the various tribes who were welded into one by Moses. It cannot be conceived that the laws against stealing, for example, the penalties for murder, or the prescriptions for sacrifice, can have been first introduced by the great Lawgiver. He made much ancient customary law to be part and parcel of the Yahwistic legislation by simply taking it over. If so, then all that he added would naturally, as to form, be moulded on what he found pre-existing. Consequently we may apply to this law, whether Divinely revealed or adopted, the same tests and methods of interpretation as we should apply to any other body of ancient Eastern law.
Now of ancient Eastern codes the laws of Manu are the nearest approach to the Mosaic codes, and their character is thus stated by themselves (chap. i., ver. 107): "In this work the sacred law has been fully stated, as well as the good and bad qualities of human actions and the immemorial rule of conduct to be followed by all." That means that in the code are to be found ritual laws, general moral precepts, and a large infusion of immemorial customs. And its history, as elicited by criticism, has very interesting hints to give us as to the probable course of legal development in primitive nations. It is sometimes said that the results of the criticism of the Old Testament, if true, present us with a literature which has gone through vicissitudes and editorial processes for which literary history elsewhere affords absolutely no parallel. However that may be as regards the historical and prophetical books, it is not true with regard to the legal portions of the Pentateuch. The very same processes are followed in Professor Buhler's Introduction to his translation of the _Laws of Manu_, forming Vol. XXV. of _The Sacred Books of the East_, as are followed in the critical commentaries on the Old Testament law codes. Pages lxvii. _seq._ of Buhler's Introduction read exactly like an extract from Kuenen or Dillmann; and the analysis of the text, with its resultant list of interpolations, runs as much into detail as any similar analysis in the Old Testament can do. Moreover the conjectures as to the growth of Manu's code are, in many places, parallel to the critical theories of the growth of the Mosaic codes. The foundation of Manu is, in the last resort, threefold--the teaching of the Vedas, the decisions of those acquainted with the law, and the customs of virtuous Aryas. At a later time the teachers of the Vedic schools gathered up the more important of these precepts, decisions, and customs into manuals for the use of their pupils, written at first in aphoristic prose, and later in verse. These, however, were not systematic codes at all. As the name given them implies, they were strings of maxims or aphorisms. Later, these were set forth as binding upon all, and were revised into the form of which the _Laws of Manu_ is the finest specimen.