lex talionis TIL

 
lex talionis TIL

(Today I learn) - TIL - lex talionis (Latin)
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 the law of retaliation (Latin: lex talionis)[1] is the principle that a person who has injured another person is to be penalized to a similar degree by the injured party. In softer interpretations, it means the victim receives the [estimated] value of the injury in compensation.[2] The intent behind the principle was to restrict compensation to the value of the loss.[1]

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 specifically formulate penalties for specific crimes, which are thought to be fitting in their severity. 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.[3] 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 a felony. In the famous legal code written by Hammurabi, the principle of exact reciprocity is very clearly used. For example, if a person caused the death of another person, the killer would be put to death.[4]

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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. 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.[5][6] If 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. The retribution might be 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.



source:
       https://en.wikipedia.org/wiki/Eye_for_an_eye
       https://en.wikipedia.org/wiki/Code_of_Hammurabi
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lex talionis

ORIGIN
Latin, from lex ‘law’ and talio(n-) ‘retaliation’ (from talis ‘such’).

    the law of retaliation, whereby a punishment resembles the offense committed in kind and degree.
    "the lex talionis of feud violence and blood money"

    synonyms:
    revenge · vengeance · reprisal · retribution · requital · recrimination · an eye for an eye (and a tooth for a tooth) · getting even · redress · repayment · payback · response · reaction · reply · reciprocation · counterattack · counterstroke · comeback · tit for tat · measure for measure · blow for blow · 

 

source:
       https://www.bing.com/search?q=lex+talionis
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Lex Talionis (Latin for "law of retaliation") is the principle of retributive justice expressed in the phrase "an eye for an eye," (Hebrew: עין תחת עין‎) from Exodus 21:23–27. 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 punishments (which may or may not be proportional).

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Definition

Lex Talionis means in Latin “the law of retaliation.” The concept of “the law of retaliation” refers to the idea that punishment for a misdeed should be based upon some form of equivalence, rather than simply unrestricted or random revenge. The simplest expression of Lex Talionis is the biblical injunction of "life for life, eye for eye, tooth for tooth" in Exodus 21:23.

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Hammurabi’s legal code

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Many of the laws were based on the principle of equal retaliation (Lex Talionis) — for example, a portion of the code reads:

    If a man has caused a man of rank to lose an eye, one of his own eyes must be struck out. If he has shattered the limb of a man of rank, let his own limb be broken. If he has knocked out the tooth of a man of rank, his tooth must be knocked out.

Injuries of a poor man, however, could be atoned for in money:

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    If he has caused a poor man to lose an eye, or has shattered a limb, let him pay one maneh of silver.

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Hammurabi's code of laws is almost entirely based on the principle of equal and direct retribution; it betrays the origin of law in retributive violence. Unlike direct retribution, however, the law is administered by the state or by individuals that cannot be victims of revenge in return. While revenge and retribution threatens to break down society as people take reciprocal revenge one another, revenge as it is embodied in law and administered by the state prevents mutual and reciprocal revenge from tearing the fabric of society.

Thus, the Lex Talionis is the underlying principle of this early effort to establish legal recourse when citizens suffer at the hands of wrongdoers.

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source:
       https://www.newworldencyclopedia.org/entry/Lex_talionis
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  • Cui bono - Latin - "who benefit?"

  • ([  Cui bono, in English "to whom is it a benefit?", is a Latin phrase about identifying crime suspects.  It can also be rendered as cui prodest? ("whom does it profit?") and ad cuius bonum? ("for whose good?").  probable responsibility for an act or event lies with one having something to gain.  a Latin term which literally means ‘as a benefit to whom’.  The translation of qui bono is ‘who with good’.  It refers to the hidden motive or to the indication that the party who is actually caught for a[n] [activity] is not the one who originally [initiated] the [operation]. ]) 
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