The phrase "an eye for an eye", (Hebrew: עין תחת עין) is a quotation from Exodus 21:23–27 in which a person who has taken the eye of another in a fight is instructed to give his own eye in compensation. Exodus ( Greek: έξοδος eksodos = "departure" is the second book of the Jewish Torah and of the Christian Old Testament. At the root of the non-Biblical form of this principle is the belief that one of the purposes of the law is to provide equitable retaliation for an offended party. It defined and restricted the extent of retaliation. This early belief is reflected in the Code of Hammurabi and in the laws of the Hebrew Bible (e. The Code of Hammurabi ( Codex Hammurabi) is the best-preserved ancient Law code, created ca The term Hebrew Bible is a generic reference to those books of the Bible originally written in Biblical Hebrew (and the related Biblical Aramaic g. , Ex 21:23–25, Lv 24:18–20, Dt 19:21). Exodus ( Greek: έξοδος eksodos = "departure" is the second book of the Jewish Torah and of the Christian Old Testament. Leviticus (from Greek Λευιτικός, "relating to the Levites " Deuteronomy (Greek deuteronomion, Δευτερονόμιον "second law" is the fifth book of the Hebrew Bible and of the Old Testament
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"Eye for an eye"
The term lex talionis does not always and only refer to literal eye-for-an-eye codes of justice (see rather mirror punishment) but applies to the broader class of legal systems that specify formulaic penalties for specific crimes, which are thought to be fitting in their severity. A mirror punishment is a penal form of Poetic justice which reflects the nature or means of the crime in the means of (often physical punishment as a form of Retributive Some propose that this was at least in part intended to prevent excessive punishment at the hands of either an avenging private party or the state. The most common expression of lex talionis is "an eye for an eye", but other interpretations have been given as well. Legal codes following the principle of lex talionis have one thing in common: prescribed 'fitting' counter punishment for an offense. In the famous legal code written by Hammurabi, the principle of exact reciprocity is very clearly used. Hammurabi ( Akkadian from Amorite ˤAmmurāpi, "the kinsman is a healer" from ˤAmmu, "paternal kinsman" and Rāpi For example, if a person caused the death of another person's child, that person who killed the child (the guilty party) would be put to death for killing the child.
Under the right conditions, such as the ability for all actors to participate in an iterative fashion, the "eye for an eye" punishment system has a mathematical basis in the Tit for tat game theory strategy. Tit for tat is a highly effective strategy in Game theory for the Iterated prisoner's dilemma.
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. The Anglo-Saxon legal code substituted payment of wergild for direct retribution: a particular person's life had a fixed value, derived from his social position; any homicide was compensated by paying the appropriate wergild, regardless of intent (there was no distinction between accidental manslaughter and deliberate murder). Weregeld (alternative spellings wergild, wergeld, weregeld, etc Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries 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. Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties
A curious result of the tort system is that after a person is acquitted of a crime, a civil trial may find them responsible. A civil trial requires a much lower burden of proof (probability or likelihood as deemed by jurors or judge rather than certainty). This does not count as double jeopardy under the Bill of Rights. Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India A Bill of Rights is a list or summary of rights that are considered important and essential by a group of people One's in jeopardy of "life and limb" in a criminal case; in a civil case, only one's money or property is in jeopardy.
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, feuds and vendettas, threatened the social fabric. A feud (ˈfjuːd (referred to in more extreme cases as a blood feud or vendetta) is a long-running argument or fight between parties&mdashoften through Guilt A feud (ˈfjuːd (referred to in more extreme cases as a blood feud or vendetta) is a long-running argument or fight between parties&mdashoften through Guilt 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 Babylonian Law, see Code of Hammurabi. Archaeological material for the study of Babylonian law is singularly extensive The Code of Hammurabi ( Codex Hammurabi) is the best-preserved ancient Law code, created ca It is surmised that in societies not bound by the rule of law, if a person was hurt, then the injured person (or their relative) would take vengeful retribution on the person who caused the injury. Revenge (also vengeance, retribution, or vendetta amongst others consists primarily of retaliation against a person or group in response The retribution might be much worse than the crime, perhaps even death. Babylonian law put a limit on such actions, restricting the retribution to be no worse than the crime, as long as victim and offender occupied the same status in society, while punishments were less proportional with disputes between social strata: like blasphemy or laesa maiestatis (against a god, viz. Blasphemy is the disrespectful use of the name of one or more gods. Lèse majesté ( French expression from the Latin Laesa maiestas or Laesae maiestatis (crimen, (crime of injury to the Majesty in English , monarch, even today in certain societies), crimes against one's social better were systematically punished as worse.
The Torah's first mention of the phrase "an eye for an eye, an ear for an ear" appears. term " Torah " ( Hebrew: תּוֹרָה "teaching" or "instruction" sometimes translated as "Law" most commonly refers to
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 underlies 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 the Union of Orthodox Congregations[1]
However, the Torah also discusses a form of direct reciprocal justice, where the phrase "An eye for an eye, an ear for an ear" makes another appearance (Dt 19:16–21). The Union of Orthodox Jewish Congregations of America (UOJCA more popularly known as the Orthodox Union, or OU, is one of the oldest Orthodox Jewish Deuteronomy (Greek deuteronomion, Δευτερονόμιον "second law" is the fifth book of the Hebrew Bible and of the Old Testament Here, the Torah discusses false witnesses who conspire to testify against another person. The Torah requires the court to "do to him as he had conspired to do to his brother" (Dt 19:19). Deuteronomy (Greek deuteronomion, Δευτερονόμιον "second law" is the fifth book of the Hebrew Bible and of the Old Testament Assuming the fulfillment of certain technical criteria (such as the sentencing of the accused whose punishment was not yet executed), wherever it is possible to punish the conspirators with the exact same punishment through which they had planned to harm their fellow, the court carries out this direct reciprocal justice (including when the punishment constitutes the death penalty). Otherwise, the offenders receive lashes (Makot 1:1; ibid. For Jewish law on damages see Damages (Jewish law Nezikin ( Hebrew: נזיקין Damages) or Seder Nezikin , Bab. Talmud 2a based on critical exegesis of Dt 25:1–3). Exegesis (from the Greek 'to lead out' involves an extensive and critical interpretation of an authoritative text, especially of a Holy Deuteronomy (Greek deuteronomion, Δευτερονόμιον "second law" is the fifth book of the Hebrew Bible and of the Old Testament
Since there is no form of punishment in the Torah that calls for the maiming of an offender, there is no case where a conspiratorial false witness could possibly be punished by the court injuring to his eye, tooth, hand, or foot. (There is one case where the Torah states "…and you shall cut off her hand…" Dt 25:11–12. Deuteronomy (Greek deuteronomion, Δευτερονόμιον "second law" is the fifth book of the Hebrew Bible and of the Old Testament The sages of the Talmud understood the literal meaning of this verse as referring to a case where the woman is attacking a man in potentially lethal manner. This verse teaches that, although one must intervene to save the victim, one may not kill a lethal attacker if it is possible to neutralize that attacker through non-lethal injury {Sifrei; Maimonides' Yad, Nezikin, Hil. Sifre ( סִפְרֵי siphrēy, Sifre Sifrei, also Sifre debe Rab or Sifre Rabbah) refers to either of two Moses Maimonides ( March 30 1135 – December 13 1204) also known as the Rambam, was a Rabbi, Physician, and Rotze'ach u'Sh'mirat Nefesh 1:7}. Regardless, there is no verse that even appears to mandate injury to the eye, tooth, or foot. ) Thus, it is impossible to read "an eye for an eye, a tooth for a tooth" literally in the context of a conspiratorial witness.
Numbers 35:9–30 discusses the only form of remotely reciprocal justice not carried out directly by the court, where, under very limited circumstances, someone found guilty of negligent manslaughter may be killed by a relative of the deceased who takes on the role of "redeemer of blood". The Book of Numbers, ( Bamidbar, meaning in the wilderness) is the fourth book of the Torah, the Tanakh, and the Old Testament. In such cases, the court requires the guilty party to flee to a designated city of refuge. While the guilty party is there, the "redeemer of blood" may not kill him. If, however, the guilty party illegally forgoes his exile, the "redeemer of blood", as an accessory of the court, may kill the guilty party. Nevertheless, the provision of the "redeemer of blood" does not serve as true reciprocal justice, because the redeemer only acts to penalize a negligent killer who forgoes his exile. Furthermore, intentional killing does not parallel negligent killing and thus cannot serve directly as a reciprocal punishment for manslaughter, but as a penalty for escaping punishment (Makot 7a–13a). (According to traditional Jewish Law, application of these laws requires the presence and maintenance of the biblically designated cities of refuge, as well as a conviction in an eligible court of 23 judges as delineated by the Torah and Talmud. The latter condition is also applicable for any capital punishment. These circumstances have not existed for approximately 2,000 years. )
Based on the literal reading of Exodus 21:23-25, Obadiah Shoher argues that "an eye for an eye" punishment only applies for harming the pregnant women. Exodus ( Greek: έξοδος eksodos = "departure" is the second book of the Jewish Torah and of the Christian Old Testament. Taken literally, Exodus 21:18-19prescribes only reimbursement of medical costs and work income for the harm done to men. Exodus ( Greek: έξοδος eksodos = "departure" is the second book of the Jewish Torah and of the Christian Old Testament. [2]
The Talmud discusses the concept of justice as measure-for-measure retribution (middah k'neged middah) in the context of divinely implemented justice. Regarding reciprocal justice by court, however, the Torah states that punishments serve to remove dangerous elements from society ("…and you shall eliminate the evil from your midst," Deut. 19:19) and to deter potential criminals from violating the law ("And the rest shall hear and be daunted, and they shall no longer commit anything like this wicked deed in your midst", Dt 19:20). Deuteronomy (Greek deuteronomion, Δευτερονόμιον "second law" is the fifth book of the Hebrew Bible and of the Old Testament Deuteronomy (Greek deuteronomion, Δευτερονόμιον "second law" is the fifth book of the Hebrew Bible and of the Old Testament Additionally, reciprocal justice in tort cases serves to compensate the victim (see above).
The ideal of vengeance for the sake of assuaging the distress of the victim plays no role in the Torah's conception of court justice, as victims are cautioned against even hating or bearing a grudge against those who have harmed them. The Torah makes no distinction between whether the potential object of hatred or a grudge has been brought to justice, and all people are taught to love their fellow (Lv 19:17–18). Leviticus (from Greek Λευιτικός, "relating to the Levites "
Christian interpretation of the biblical passage has been heavily influenced by the quotation from Leviticus (19:18 above) in Jesus of Nazareth's Sermon on the Mount. A Christian is a person who adheres to Christianity, a monotheistic Religion centered on the life and teachings of Jesus of Nazareth Jesus of Nazareth (7–2 BC / BCE —26–36 AD / CE) In the Gospel of St Matthew, the Sermon on the Mount is a compilation of Jesus' sayings epitomizing his moral teaching. In the Expounding of the Law (part of the Sermon on the Mount), Jesus 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". The Expounding of the Law ( KJV: sometimes called the ''Antithesis of the Law'', is a highly structured ("Ye have heard. Turning the other cheek is to respond to an aggressor without violence (in every sense of the word But I say to you, do not resist an evildoer. If anyone strikes you on the right cheek, turn to him the other also. (Matthew 5:38–39, NRSV)
The passage continues with the importance of showing forgiveness to enemies and those who harm you. The Gospel of Matthew (Gk Κατά Ματθαίον Ευαγγέλιον is one of the four Canonical gospels in the New Testament and is a Synoptic gospel The New Revised Standard Version ( NRSV) of the Bible, released in 1989, is a thorough revision of the Revised Standard Version (RSV Forgiveness doesn't mean that you deny the other person's responsibility for hurting you and it doesn't minimize or justify the wrong This saying of Jesus is frequently interpreted as criticism of the Hebrew Bible teaching, and often taken as implying that "an eye for an eye" encourages excessive vengeance rather than an attempting to limit it. For the term in politics describing socialist movements see Autonomism Antinomianism (from the Greek ἀντί, "against" The term Hebrew Bible is a generic reference to those books of the Bible originally written in Biblical Hebrew (and the related Biblical Aramaic But it need not be interpreted so.
It was one of the points of 'fulfilment or destruction' of the Hebrew law which the Church father St. Augustine already discussed in his Contra Faustum, Book XIX. The Church Fathers, Early Church Fathers, or Fathers of the Church are the early and influential theologians and writers in the Christian Church [3]
Most Christian scholars and commentators have agreed that such an interpretation is a misunderstanding of this section of Matthew. The "Expounding of the Law" includes a series of six sayings in similar format, known as the " antitheses". Antithesis ( Greek for "setting opposite" from against + position) is a counter- Propositions and denotes a direct Contrast In each of them Jesus quotes the provisions of the Jewish Law without criticism — indeed, the passage is prefaced by a ringing endorsement of the Law as whole. Halakha ( הלכה; alternative transliterations include Halocho and Halacha) is the collective body of Jewish Religious law However he then calls on his followers to go further than the Law demands, in order to "Be perfect". It seems clear Jesus was not criticising the law, but calling on his followers not only to refrain from the abuses the Law condemns, but to go to the opposite extreme by exercising forgiveness and love — even when one has a just claim to vengeance.
In Islam the Quran permits exact and equivalent retribution. This is a sub-article of Islamic criminal jurisprudence and Blood money (term. For other meanings including people named 'Islam' see Islam (disambiguation. The Qur’an ( القرآن, literally "the recitation" also sometimes transliterated as Qur’ān, Koran, Alcoran The Quran, however, softens the law of an eye for an eye by urging mankind to accept less compensation than that inflicted upon him or her by a Muslim, or to forgive altogether. In other words, Islam does not deny Muslims the ability to seek retaliation in the equal measure. But it does, however promote forgiveness and the acceptance of blood money not as a mandatory requisite, but rather as a good deed that will be eventually rewarded (Quran 5:45).
Some alternative penalty systems exist which primarily concern the impact of the punishment on the sanctioned offender and/or on society, while demanding non-parallel penalties.
For example 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 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. A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of Reformatory is a term that has had varied meanings within the penal system depending on the jurisdiction and the era e. re-educate, young offenders etcetera. —
The vengeance-based non-biblical forms of Lex Talionis have been criticized; its critics maintain that merely limiting vengeance is not enough as even limited retaliation continues a potentially endless cycle of violence. Mahatma Gandhi remarked: "An eye for an eye will make the whole world blind. Mohandas Karamchand Gandhi ( Gujarati: મોહનદાસ કરમચંદ ગાંધી moɦən̪d̪äs kəɾəmʧən̪d̪ gän̪d̪ʱi (2 October 1869 – 30 January "
Even though it may be hard to do in practice, certain belief systems (such as Christianity) teach individuals to forgive those who wrong them, rather than seek retribution for a wrong. Christianity ( Greek Χριστιανισμός from the word Xριστός ( Christ)is a monotheistic Religion centered on the life and teachings Forgiveness doesn't mean that you deny the other person's responsibility for hurting you and it doesn't minimize or justify the wrong Other belief systems adhere to similar concepts, such as the Taoist wu wei which encourages a wronged individual to simply accept the infraction and to take the least "resistive" action to correct it, if any action need to be taken at all. Taoism (pronounced /ˈdaʊɪzəm/ or /ˈtaʊɪzəm/ also spelled '''Daoism''') refers to a variety of related Philosophical and Religious traditions Wu wei ( is an important tenet of Taoism that involves knowing when to act and when not to act Buddhism stresses the weight of karma: one can take retributive action, but that retributive action is not without its consequences, and living on a finite planet guarantees that the suffering incurred by a retributive action will return to the individual who was wronged (as well as the one who did the wrong-doing). Buddhism is a family of beliefs and practices Karma ( Sanskrit: कर्म, kárman - "act action performance" Pali: kamma) is the concept of "action" Some subscribe to the Golden Rule of ethics rather than any law of retaliation. The ethic of reciprocity is a fundamental moral Value which " refers to the balance in an interactive system such that each party has both rights and Ethics is a major branch of Philosophy, encompassing right conduct and good life
It can also be seen as an extension of the informal logical fallacy, two wrongs make a right. A fallacy is a component of an Argument which being demonstrably flawed in its Logic or form renders the argument invalid in whole Two wrongs make a right is a Logical fallacy that occurs when it is assumed that if one wrong is committed another wrong will cancel it out