An Eye For An Eye

The phrase "an eye for an eye, a tooth for a tooth" expresses a principle of Retributive Justice also known as ''lex talionis'' ( Latin for "law of retaliation"). The basis of this form of law is the principle of proportionate punishment, often expressed under the motto " Let The Punishment Fit The Crime ", which particularly applies to Mirror Punishment s (which may or may not be proportional). At its root is the belief that one of the purposes of the law is to provide retaliation for an offended party. This early belief is reflected in the code of Hammurabi and in the laws of the Old Testament (e.g., Exod. 21:23-25. Lev. 24:18-21, Deut. 19:21).

The Old Testament prescription "an eye for an eye, etc." has often been interpreted, notably by Jews, to mean equivalent monetary compensation, even to the exclusion of mirror punishment.

DEFINITION AND METHODS

The term ''lex talionis'' does not always and only refer to literal eye-for-an-eye codes of justice (see rather , the principle of exact reciprocity is very clearly used. For example, if a person caused the death of another person's child, that person's child would be put to death.

The simplest example is the "eye for an eye" principle. In that case, the rule was that punishment must be exactly equal to the crime. Conversely, the twelve tables of Rome merely prescribed particular penalties for particular crimes. Under the British Common Law, successful plaintiffs were entitled to repayment equal to their loss (in monetary terms). In the modern Tort law system, this has been extended to translate non-economic losses into money as well.

ANTECEDENTS

Various ideas regarding the origins of ''lex talionis'' exist, but a common one is that it developed as early civilizations grew and a less well-established system for retribution of wrongs, Feud s and Vendetta s, threatened the social fabric. Despite having been replaced with newer modes of legal theory, ''lex talionis'' systems served a critical purpose in the development of social systems — the establishment of a body whose purpose was to enact the retaliation and ensure that this was the only punishment. This body was the state in one of its earliest forms.

The principle is found in or Laesa Maiestatis (against a god, viz., monarch, even today in certain societies), crimes against one's social 'better' were systematically punished as worse.

BIBLICAL TRADITIONS

The being strictly reserved for the social magistrate (usually in the form of regional judges).

Christian interpretation of the biblical passage has been heavily influenced by the quotation of this verse in Jesus ' Sermon On The Mount , on which see below.

Lex talionis in Judaism

The Oral Law of Judaism holds that this verse cannot be interpreted as mandating exact physical retribution. The rabbis of the Talmud ask, "How can any person be certain that the punishment they inflict is definitely no worse than the initial injury?" They answer that this is one indication that the Bible, when stating "an eye for an eye," does not refer to physical retribution. They proceed to cite several more indicators for this thesis.

:The Oral Law explains, based upon the biblical verses, that the Bible mandates a sophisticated five-part monetary form of compensation, consisting of payment for "Damages, Pain, Medical Expenses, Incapacitation, and Mental Anguish" - which underlie many modern legal codes. Some rabbinic literature explains, moreover, that the expression, "An eye for an eye, etc." suggests that the perpetrator deserves to lose his own eye, but that biblical law treats him leniently. - (Paraphrased from Union Of Orthodox Congregations website {Link without Title} )

It should be noted that Judaism, while not allowing physical retribution for torts, does contain provisions for corporeal and capital punishment to be carried out for certain crimes by a designated civil entity.

Lex talionis in Christianity

In the Expounding Of The Law (part of the Sermon On The Mount ), Jesus Of Nazareth urges his followers to Turn The Other Cheek when confronted by violence:

:You have heard that it was said, "An eye for an eye and a tooth for a tooth". But I say to you, do not resist an evildoer. If anyone strikes you on the right cheek, turn to him the other also. ()

The passage continues with the importance of showing Forgiveness to enemies and those who harm you. This saying of Jesus is frequently interpreted as Criticism of the Old Testament teaching, and often taken as implying that "an eye for an eye" encourages excessive vengeance rather than an attempting to limit it.

Most Christian scholars and commentators have agreed that such an interpretation is a misunderstanding of this section of Matthew. They have discerned a series of six Antitheses , in each of which Jesus quotes with approval the provisions of the Jewish Law , but then calls on his followers to go further. They have understood that Jesus was criticizing the misuse of the Law, not the Law itself. In other words, criticizing the attempt to justify personal vengeance outside the proper civil channels, or disproportionate vengeance, or personal hatred, and calling on his followers to not only refrain from such abuses, but to go to the opposite extreme by exercising forgivness and love — even when one has a just claim to vengeance.

ALTERNATIVES

Alternative types of sanction are often based on another rationale for Punishment .

For exemple the "correctional" Prison system (first instituted in the USA in the early 20th century) is based on the idea that the purpose of law enforcement is, rather than retribution, to correct the deviant nature of criminals by compelling them to reflect and regret their crimes during a lengthy incarceration; another alternative, the Reformatory , was invented to "reform", i.e. reeducate, young offenders etcetera.

CRITICISM

Many modern moralists have felt that merely limiting vengeance is not enough as even limited retaliation continues a potentially endless cycle of violence.

Some say that retaliation is unethical and that two wrongs do not make a right.

Even though it may be hard to do in practice, certain belief systems such as of Ethics rather than any law of retaliation.

Mahatma Gandhi remarked on the ''lex talionis'': "An eye for an eye and a tooth for a tooth and the whole world would soon be blind and toothless."

TRIVIA

The Creedence Clearwater Revival song " Bad Moon Rising ", after recounting the narrator's Parade Of Horribles , says, "one eye is taken for an eye".

A character from the Australian soap opera Neighbours , Harold Bishop , uses the expression "an eye for an eye" when confronting tyrant Paul Robinson .

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An Eye For An Eye