Eye-for-an-Eye (Talion)
The concept of "Eye-for-an-Eye," also known as talion or lex talionis, is rooted in the principle of proportional justice, asserting that the punishment for a wrongdoing should correspond directly to the offense. This idea is famously encapsulated in the ancient legal codes, particularly Hammurabi's Code from Babylon, which dates back to the eighteenth century BCE. Variations of this principle are found in significant religious texts such as the Jewish Torah, the Christian Bible, and the Islamic Koran, each contextualizing talion within their moral and ethical frameworks.
While initially interpreted as a justification for vengeance, a deeper understanding suggests that the purpose of talion was to limit retribution and ensure that punishments are fair and measured. The Torah and the Bible promote similar ideas, with the New Testament even advocating for forgiveness over retribution. In contemporary society, the principle of proportional punishment remains relevant, evident in legal systems that uphold the notion that penalties should match the severity of crimes, as reflected in legal protections like the Eighth Amendment of the U.S. Constitution. This enduring concept invites ongoing discussion about justice, morality, and the balance between retribution and forgiveness across cultures and eras.
Eye-for-an-Eye (Talion)
The phrase "eye for an eye" refers to the law of retaliation, also known as talion or lex talionis. The phrase is most often associated with a legal code written by an ancient Babylonian king. Variations appear in many religious texts, including the Jewish Torah, the Christian Bible, and the Islamic Koran. At first glance, "eye for an eye" seems to promote the idea of legalized vengeance. However, deeper examinations suggest that the intention of talion was to limit excessive vengeance and ensure that punishments fit crimes, an idea that still exists in modern times.
Origins of Talion
The most well-known iteration of talion is the old saying "an eye for an eye, and a tooth for a tooth." The inherent idea is that a wrong deed should be met with a comparable amount of punishment. Often credited directly to Hammurabi, who ruled Babylon in ancient Mesopotamia during the eighteenth century BCE, the saying is actually a paraphrase of some of the laws Hammurabi created to unify the various lands under his control.
Hammurabi's Code
In 1901, archaeologists unearthed an ancient stone pillar inscribed with 282 laws now known as Hammurabi's Code. Hammurabi used these laws to bring order to his empire. Among the laws, two stand out as likely sources for the popularized version of talion: "If a man put out the eye of another man, his eye shall be put out…. If a man knock out the teeth of his equal, his teeth shall be knocked out." At first, these lines suggest a brutal world filled with vengeance. Even at the time of their writing, however, softer interpretations of the law existed. For example, the code states that a wealthy man who injures a poor man could atone for his wrongdoing by paying the poor man as compensation for his injury. By creating a set of laws that identified punishments proportionate to specific crimes, Hammurabi encouraged his subjects to consider the consequences of their actions before acting.
The Torah
The Torah is the holy book of Judaism. It forms the basis of Jewish law. Authorship of the Torah is attributed to Moses, who, according to religious tradition, received the words directly from God. The exact start and end dates of the Torah's writing are difficult to pinpoint and have been the subject of much debate. However, scholars think that it likely had been completed by the time Babylon collapsed, around the middle of the sixth century BCE. The Torah includes five books—Genesis, Exodus, Leviticus, Numbers, and Deuteronomy.
Three books within the Torah include wording very similar to the law of retaliation in Hammurabi's Code. Exodus 21:24, Leviticus 24:20, and Deuteronomy 19:21 all include the phrase "eye for eye, tooth for tooth." Scholars point out that while the phrase appears in the Torah numerous times, its intention was more likely to reinforce the idea that punishments should be equal to injuries than to promote actual physical retribution.
The Bible
In the Christian Bible, the first five books of the Old Testament are the same as those that make up the Torah; therefore, the same references to talion can be found in Exodus, Leviticus, and Deuteronomy. However, the phrase also appears in the New Testament as part of the Gospel of Matthew, which scholars believe was written toward the end of the first century CE.
Jesus explains that the phrase "eye for eye, tooth for tooth" should not be taken literally. Matthew 5:38–39 reads, "38Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: 39But I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also." Jesus's teachings indicate that Christians should not seek any form of retribution against wrongdoers—physical or otherwise—but should instead turn the other cheek and offer forgiveness.
The Koran
The Koran (also spelled Qur'an or Quran) is the holy book of Islam. The Koran is arranged in chapters called surahs (also spelled suras) and verses. Muslims, followers of Islam, believe that the Koran is a record of God's revelations to the prophet Muhammad. Muhammad lived between the late sixth and early seventh centuries CE. Like the holy books of other prominent religions, the Koran includes references to talion.
Surah 5:45 of the Koran reads, "And We ordained for them therein a life for a life, an eye for an eye, a nose for a nose, an ear for an ear, a tooth for a tooth, and for wounds is legal retribution. But whoever gives [up his right as] charity, it is an expiation for him. And whoever does not judge by what Allah has revealed—then it is those who are the wrongdoers." Scholars interpret this to mean that the law of retaliation, as described in the Koran, may be taken literally (physical retribution) or figuratively (compensation proportionate to the wrong committed). In addition, they suggest that when this verse is combined with other verses and teachings, a third option, forgiveness, reveals itself as a possibility.
Talion in Modern Times
Ancient religious texts reveal the historical evolution of talion. However, the premise behind "eye for an eye" is still evident in legal systems today. For example, the United States has proportionality laws, which state that punishments must match crimes. The Eighth Amendment of the Constitution guarantees citizens protection from extreme or unnecessary punishments. It reads, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." Like Hammurabi's Code, the Torah, the Bible, and the Koran, the Constitution recognizes that a person guilty of wrongdoing should receive a punishment proportional to the crime committed.
Bibliography
Davis, James. "17. Jesus and the Law of Retaliation [Lex Talionis] (Matthew 5:38–42." Studies in the Gospel of Matthew. Bible.org. Web. 9 July 2015. https://bible.org/seriespage/17-jesus-and-law-retaliation-lex-talionis-matthew-538-42
"Hammurabi's Code of Laws." Exploring Ancient World Cultures. Exploring Ancient World Cultures. Web. 9 July 2015. http://eawc.evansville.edu/anthology/hammurabi.htm
"Koran and Tradition." Islam: Empire of Faith. Public Broadcasting Service (PBS). Web. 7 July 2015. http://www.pbs.org/empires/islam/faithkoran.html
"Retaliation." International Encyclopedia of the Social Sciences. Ed. William A. Darity, Jr. 2nd ed. Vol. 7. Detroit: Macmillan Reference USA, 2008. 215–216. Print.
Schniedewind, William M. "Origins of the Written Bible." NOVA—PBS Online. WGBH Educational Foundation. 18 Nov. 2008. Web. 9 July 2015. http://www.pbs.org/wgbh/nova/ancient/origins-written-bible.html
UShistory.org, "4c. Hammurabi's Code: An Eye for an Eye." Ancient Civilizations Online Textbook. Independence Hall Association. Web. 9 July 2015. http://www.ushistory.org/civ/4c.asp