Preview

Lex Talionis Definition

Good Essays
Open Document
Open Document
2546 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Lex Talionis Definition
All over the world there is crime committed however, justice is only served in some cases. How can an unlawful villain commit a terrifying crime and the victim receives no justice in return? When justice fails, we may turn to an earlier type of justice which is no longer considered a way of punishment in the United States. ‘An Eye for and Eye and a Tooth for a Tooth’ is a saying in the Old Testament. This view means that if one commits a crime then the punishment shall be a mirror image of the crime. We should let punishment be determined by the crime committed and not depend on a justice system to sentence the suspect to the minimum extent. Not all criminals are sentenced for life or put on death row and some commit the crime again therefore, …show more content…
For example Wikipedia says, “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 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. 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.” (Wikipedia, The Free Encyclopedia. 2016).What does it really mean when you take eye for an eye and tooth for a tooth? Eye for an eye, Tooth for a tooth. Are we really taking …show more content…
Is this an act of revenge? Is this legal to do this act? In modern day society people would find this a harsh act or torture, however there is reasons for this kind of punishment.What are the reasons for this type of punishment? Consequences must be enforced so what would make the criminal not do the crime again? He murders a guy for his wallet, therefore he should be killed because he took a life of another human being. Would this be appropriate of doing so? In the bible there are many misunderstood verses. For example, Leviticus 24:18 states “beast for beast” (The November Coalition, 1997). Therefore, Murderer for Murderer. Criminals must be punished because of two reasons. According to Ethics: Theory and Practice, “First, punishment is required in order to reestablish the balance of morality, which is disturbed when someone violates laws or moral rules. Such laws and rules are established in order to achieve a balance in a given society between individual rights and the common good, and when crime is committed, the balance is upset and must be restored. According to the retributivist, punishment is the only way to correct this imbalance. Second, the benefits that a society brings to its members carry with them the burden of self-restraint, and anyone who alleviates himself of this burden acquires an unfair advantage.

You May Also Find These Documents Helpful

  • Good Essays

    Although most Americans agree on what is considered to be a crime, not everyone agrees with punishments. What are common views on crimes? What are common views on punishments? Should the punishment match the crime? Should the punishment be more severe than the crime? What happens to the victim of crimes? American’s ask all these questions on a daily basis all across the United States. The majority of society in the United States says that crimes are “a grave offense especially against mortality”(“Crime”). Many say that criminals’ punishments should be equal to or more severe than the crime that was committed. Patty Hearst not only was a victim of a kidnapping in 1974, but was also brought before the court…

    • 995 Words
    • 4 Pages
    Good Essays
  • Better Essays

    CJA 354 week 1

    • 1541 Words
    • 7 Pages

    Capital punishment has continued to be used as the major punishment for convicted felons for a long time now. However, it has been a subject of controversy in recent years and has been seen as an inhuman mode of punishment in the modern era. This is because of the various legal challenges it faces and the methods used in executing the punishment, which include the use of a firing squad, lethal injections and the electric chair among others. However, those supporting capital punishment argue that revenge is the only way justice can be achieved while those against it see it all wrong for the state to take any citizen’s life (Neubauer and Fradella 391).…

    • 1541 Words
    • 7 Pages
    Better Essays
  • Good Essays

    In the world today, many people mix up the terms Revenge and Justice. Many believe that with revenge comes justice and justice always starts with revenge. “Yet certain overlaps between--and ambiguities within--the two terms do exist.” claims Leon F. Seltzer in Don’t Confuse Revenge With Justice: Five Key Differences article. This description conveys that although there are similarities, there are major differences that override them. For example, “it would be convenient to advance the claim that justice is fair and revenge is not. But as the words “just revenge” suggest, revenge--depending in its underlying conditions, motivations, and execution--might be either just or unjust, fair or (frankly) outrageously out of proportion to the wrong…

    • 459 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The history of the death penalty can be traced back in time all the way to the fifth century B.C. through Roman’s Law of the Twelve Tablets, where people would be put to death through crucifixion, drowning, and even by being burnt alive.. From there it can be found in seventh B.C.’s Draconian Code, and even in eighteenth century B.C. through the Code of King Hammurabi of Babylon, in which twenty-five various crimes would lead to the death penalty (Part I, 2015). Though the crimes punishable under the death penalty and the methods of which the death penalty have changed over time, the ideology behind the method still stands the same: An eye for an eye. The argument for the death penalty stands that those who commit a crime such as capital murder should be punished the same way that they punished their victim: by death. However, while this ethical principle may sound clear and cut on paper, the stance-both for and against-and methodology behind the death penalty is much more complicated than that.…

    • 2028 Words
    • 9 Pages
    Good Essays
  • Good Essays

    pre ap reasearch paper

    • 1120 Words
    • 3 Pages

    “When someone commits a felony, it is a matter of free will. No one is compelled to commit armed robbery, murder, or rape. The average citizen does not have the mind or intentions to become a killer(Ornellas).” This statement by Lori Ornellas, a victim in the brutal murder of her nephew shows us that when someone commits a crime they do it on their own account. In the United States today more than six thousand murder investigations a year go cold or go unsolved(Rein). This means that there are so many murders that get away and are not held accountable for the crimes that they have committed. Today in our society capital punishment is a form of punishment that is implemented in our justice system. Capital punishment should stay implemented in our justice system because, the death penalty can serve as a deterrent for violent crimes, the death penalty is morally permissible in today’s society, and under our Constitution the death penalty legally permissible.…

    • 1120 Words
    • 3 Pages
    Good Essays
  • Better Essays

    In his essay Death and Justice, Edward Koch argues in support of capital punishment, he believes it is just and it saves lives. He successfully delivers an argument laced with true and vivid examples of unforgettable murderous events. His intended audience consists of the opposing voters and readers of the New Republic, the political magazine that published his essay. Prior to reading Edward Koch’s essay I was sure that I would disagree but it became clear to me that he is right. There are seven commonly held views against the death penalty that Koch argues against in his essay. In what follows I discuss a few of his arguments and show that the death penalty is the most viable approach to deal with convicted murderers.…

    • 1282 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Phil 1112 Death Penalty

    • 1930 Words
    • 8 Pages

    The dictionary defines the death penalty as punishment for someone convicted of a capital crime. Dating back to centuries ago, any capital crime such as murder, rape, drug trafficking were not tolerated by any means and were immediately sentenced to death. “An eye for an eye” was the typical argument that defended the side that the punishment should equal the crime. In an article written by Louis Pojman, he defends the death penalty with his own “eye for an eye” theory. His reasoning is that he believes humans are logical creatures who make the logical choice to commit a muder, therefore giving up their right to live. Pojman argues that the death penalty is a good deterrent for potential…

    • 1930 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Sentencing Paper

    • 1042 Words
    • 5 Pages

    One of the types of sentences that can be given to a criminal can be in the form of retribution. Retribution can also be seen as saying an eye for an eye for example if a kid is caught stealing a candy bar from a convenient store then the punishment may be that they have to pay for it somehow. This type of sentence is mostly seen in death penalty cases today such as a life for a life. “The law of "an eye for an eye" is usually called the law of retribution, or "lex talionis" (Latin, lex [law] and talio [like]; the punishment is like the injury), or the law of equivalency.” (Rodríguez, 1998)…

    • 1042 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    When understanding criminal law it is important to consider the positive and negative effects that different punishment alternatives can have. Over the last century the use of capital punishment, the legal process for which an individual is sentence to death when found guilty of committing a crime, has been a subject debated back and forth between government parties on its effectiveness. Many people believe that the issues of fairness, constitutionality, morality of an individual’s life, and potential of convicting the innocent are too important to allow the use of the…

    • 2611 Words
    • 11 Pages
    Powerful Essays
  • Satisfactory Essays

    Criminal sentencing in America has long been guided by one of several different major philosophies of punishment, including retribution, deterrence, incapacitation, and rehabilitation (Spohn, 2000). Retributive sentences involve punishments intended to exact revenge, in line with the biblical idea of “an eye for an eye.” This is based on the belief that some behaviors are unconditionally wrong and therefore justified of punishment. From this perspective, sentences should be equal with the harm done to society. Deterrence, on the other hand, involves a more practical basis for sentencing. It is based on the concept that crime is easily chosen as the result of a rational cost-benefit examination. Individuals will engage in crime when the benefits…

    • 159 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    This is not to say that the justice system is justified in putting our criminals through excruciating torture and interrogations in order to ensure that they never commit a crime out of fear. However, this means that retribution makes more sense than rehabilitation…

    • 1387 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    Crime and Justice Process

    • 1297 Words
    • 6 Pages

    Victims can pursue one or even a combination of three distinct goals. The first is too see to it that hard-core offenders who act as predators are punished, The second is to use the justice process as leverage to compel lawbreakers to undergo rehabilitative treatment. The third possible aim is to get the court to order convicts to make restitution for any expenses arising from injuries and losses. Punishment is what comes to most people’s minds first, when considering what justice entails. Throughout history, people have always punished one another. However, they may disagree about their reasons for subjecting a wrongdoer to pain and suffering. Punishment is usually justified on utilitarian grounds as a necessary evil. It is argued that punishing transgressors curbs future criminality in a number of ways. The offender who experiences unpleasant consequences learns a lesson and is discouraged from breaking the law again, assuming that the logic of specific deterrence is sound. Making an example of a convicted criminal also serves as a warning to would be offenders contemplating the same act, provided that the doctrine of general deterrence really works.…

    • 1297 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    Within “The Rise of Conservatism in America”, Capital Punishment is a chapter that marks a time in history in that Conservatives made a clear stand against the high crime rates due to lack of liberal action being performed in the early 1970s. "An eye for an eye" captures the conservative model of punishment in contemporary western societies. That is, when a wrong is done to an innocent person, the wrongdoer must be severely punished in order to "even the books" and stand as an example to deter other wrongdoers. Its advocates often call this punishment model the "law-and-order" model. Conservatives view was that the death penalty is a punishment that fits the crime of murder; it is neither cruel nor unusual. Executing a murderer is the appropriate…

    • 568 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Just Desserts

    • 892 Words
    • 4 Pages

    The main rationale behind this theory is that committing a crime is wrong therefore a person should be punished for the crime they committed. For some this “eye for an eye” attitude bares a close resemblance to vengeance. Of course this is not the goal of the criminal justice system. Vengeance has no place within the criminal justice system. Therefore, the criminal justice system looks at the crime that was committed rather than the person involved in the crime (Sullivan, 2007). So, essentially we are deciding on the punishment by the severity of the crime committed with no regard to the individual who committed the act. We decide on the punishment according to how much harm was done (McKee, 2007). Unfortunately, this theory disregards other factors that are present which include the circumstances surrounding the crime. Perhaps it is because of this reason that many scholars disagree with the just desert doctrine.…

    • 892 Words
    • 4 Pages
    Better Essays
  • Better Essays

    As well as seeing deterrence as a justifiable reason for the death penalty, individuals believe it is an act of fairness and retribution. They see it as a way of “maintaining the distribution of civic burdens”, and a method of payback, which is the “eye for an…

    • 1980 Words
    • 8 Pages
    Better Essays