Lex Talionis and Roman Law: Retribution and Justice History
Lex Talionis: An Eye for an Eye
The term lex talionis (Latin) refers to a principle of retributive justice where the offender suffers damage equal to that caused to the victim. The most famous expression is “an eye for an eye, a tooth for a tooth,” from Exodus. Many systems have been inspired by this law. Although seemingly primitive, its spirit emphasizes proportionality of punishment, avoiding disproportionate private revenge.
The Code of Hammurabi (17th century BC) codified lex talionis, establishing proportional vengeance. While seemingly barbaric today, it was a milestone in legal history, containing revenge. For example, if an architect built a faulty house that collapsed and killed the homeowner, the architect was put to death. If the homeowner’s son died, the architect’s son was killed. Mutilation was also used, such as cutting off the hand of a child who struck their father.
Aristotle mentions Rahadamante, a Syrian king known for severity, who applied lex talionis strictly. Hebrews used it for blood crimes. However, in the Talmudic era, Rabbis transformed sentences into financial compensation. Christians, with the Sermon on the Mount (Matthew 5:38-39), advocated turning the other cheek. Romans established equality between crime and punishment in the Law of the Twelve Tables (450 BC), reflecting lex talionis. Germanic peoples used Blutrache (blood revenge). The law fell into disuse during the Middle Ages, except for cases of falsehood and slander. Edward III of England attempted to reintroduce it but repealed it after a year. Some legal systems, especially in Muslim countries, still use lex talionis.
Expiatory Period and the Law of the Twelve Tables
The expiatory period in Rome, from the beginning of the republic to the end of the 17th century, featured disproportionate punishments to maintain power. Penalties aimed to expiate guilt and intimidate citizens. If the offender persisted, punishments escalated, affecting their families. Disparity was evident; for example, in England, killing a swan was punishable by death. Judges had arbitrary power, influenced by the defendant’s status.
The Law of the Twelve Tables (451-449 BC)
Considered the first Roman legal reference, it was inspired by the Code of Solon. It codified existing customs and accepted lex talionis, though not mandatorily. The original tables were lost in a fire (390-387 BC) but were reproduced and displayed in the Roman Forum. Roman children memorized and recited them.
Importance of the Law of the Twelve Tables:
- Applied equally to patricians and plebeians, providing procedural rules.
- Limited private revenge, even with lex talionis.
- Separated religion from law, with the state administering punishment.
- Distinguished public offenses from private ones.
The Law of the Twelve Tables lasted a millennium and formed the basis for European criminal law until the 19th century.