lex talionis


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lex talionis

the law of retribution in kind: ‘an eye for an eye, a tooth for a tooth’.

LEX TALIONIS. The law of retaliation an example of which is given in the law of Moses, an eye for an eye, a tooth for a tooth, &c.
     2. Jurists and writers on international law are divided as to the right of one nation punishing with death, by way of retaliation, the citizen's or subjects of another nation; in, the United States no example of such barbarity has ever been witnessed but, prisoners have been kept in close confinement in retaliation for the same conduct towards American prisoners. Vide Rutherf. Inst. b. 2, c. 9; Mart. Law of Nat. b. 8, c. 1, s. 3, note 1 Kent, Com. 93.
     3. Writers on the law of nations have divided retaliation into vindictive and amicable: By the former are meant those acts of retaliation which amount to a war; the latter those acts of retaliation which correspond to the acts of the other nation under similar circumstances. Wheat. Intern. Law, pt. 4, c. 1, Sec. 1.

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Is not the lex talionis the stuff of primitive societies obsessed with honor and vengeance and thus unpromising for developing a compelling social theory?
The two kingdoms and the social order: political and legal theory in light of God's covenant with Noah
This same legal principle appears again at Deuteronomy 19:15-21, a section of laws concerning trial procedure in which the lex talionis sanctions penalties against witnesses.
Capital punishment, covenant justice and the cross of Christ: the death penalty in the life and death of Jesus
An additional point to consider is that this seems an unusual case, and as such an odd place to state so fundamental a rule as Lex Talionis.
At the crossroads of Halakha and narrative
Simply put, the relationship between the crime committed and the punishment imposed can never be clearly determined, even if one applies a strict principle of lex talionis.
Crimes beyond justice? Retributivism and war crimes
So committed is he to this holistic vision that he includes aspects of the lex talionis and the Anselmian atonement theory--both of which prioritize retribution--in his discussion of the theological and political aspects of reconciliation.
Reconciliation: Restoring Justice
Retributive justice is known as lex talionis in the European legal tradition.
Man who blinded woman with acid let out of prison
The lex talionis (law of retribution) of Exodus 21 restrains our passion for vengeance by instructing the Hebrews to take only one eye for an eye, instead of the sevenfold slaughter expected by tribal vengeance.
Men with a vengeance: Jesus encourages us to forgive our persecutors--but our Hollywood heroes must have missed that chapter
Lex talionis - the law of "measure for measure" - was the cornerstone of ancient legal systems, and the idea that punishment should be proportional to the severity of the crime remains a guiding principle of this nation's legal system.
Let punishment fit crime
Because however genuine the desire for vengeance may be, the primitive justice of lex talionis (the law of retaliation) would ultimately demean us all.
Victor Lewis-Smith Column: Rabble rousing bile is a sick jerk
It is impossible to build a systematic schedule of punishments for crimes by relying on some version of lex talionis, "a life for a life.
The minimal invasion argument against the death penalty
Taken literally, lex talionis is an absurd doctrine--no one thinks we should rape rapists, assault assailants, or burgle the homes of burglars.
Death and retribution
This is the "moral equivalence" ("nearest") form of lex talionis.
A sound retributive argument for the death penalty

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