The law of retaliation is the name of a principle that indicates that when a person inflicts damage on another, he must receive exactly the same damage that he has caused. The etymological origin of "talión" is found in a word of the Latin language, which is talis or tale and means "identical". It is popularly known as "An eye for an eye, a tooth for a tooth" since that phrase appears written in the Bible.
This law was implemented in ancient societies to regulate revenge. In this way, the injured party was given a limit on the damage that could be done to the one who had acted against him.
Currently, the use of the talion law does not apply in the Western world. However, it is in force in some Islamic countries.
In Mexico and Venezuela it is also known by the name of retaliation, which according to the Dictionary of the Royal Spanish Academy is equivalent to the word “retaliation”.
Origin of the term
It is known as the law of the talion, but it is also popularly called "An eye for an eye, a tooth for a tooth." The first name derives from the Latin word "lex talionis".
In the Roman principles of jurisprudence this term was coined to refer to a punishment proportional to the damage committed by an individual, although its antecedents can be traced back to Babylon.
The law of Talion is mentioned in Table VIII of the Law of XII Tables. It was related to criminal offenses. It was applied when someone inflicted physical harm on another; then, he was condemned to suffer the same thing he had done.
Jacques Godefroy (1587–1652). via Wikimedia Commons
Despite this, in the Principles of Roman Law, which were written in later centuries, the application of the law of retaliation disappeared. This modality fell into disuse because it was not practical for society.
Babylon
The application of the law of talion can be found in the Code of Hammurabi, which was written in the 18th century BC, in the time of King Hammurabi, from whom it takes its name. There it is stated, in addition to reciprocity in the penalty, that there must be the presumption of innocence.
The Babylonian king considered it wise to establish the legal order to please one of his gods. Then, all the information was compiled in documents written in popular language, so that it could be understood by everyone who could read.
Louvre Museum. via Wikimedia Commons
In that text equivalences were established between crimes and punishments, for example when someone inflicted physical damage received the same one, but also when an individual committed a robbery, their hands had to be cut off as compensation.
Mosaic Law
The laws of the people of Israel were collected in the Torah, which translates as "the law," a text that was written during the millennium preceding the birth of Christ. They are known by the name of Mosaic Law; the principles of the law of retaliation are found there on several occasions.
Exodus 21: 23-25
Leviticus 24: 18-20
Deuteronomy 19:21
Then the talion law became an economic compensation that was canceled to the injured party and that had to be paid by whoever committed the crime.
Bible
Carl Bloch. via Wikimedia Commons
Beginning with the Sermon on the Mount, the use of the talion law for Christians fell into disuse, as Jesus stated:
Present
Countries in which Sharia or Islamic religious law applies File: 2013 Freedom House world map.svg: * derivative work Voland77File: Freedom House world map 2009.png: Voland77derivative work: AlphaSlyderivative work: Underlying lk via Wikimedia Commons
In the 21st century, some countries continue to apply the law of retaliation, since it is established as one of the Islamic precepts of Sharia. The name given to this principle in the Quran is Qisas:
Currently, the application of this law has sparked controversy, as in the case of the Iranian woman who was attacked with acid in 2009 and decided to forgive her attacker.
However, in some countries that follow the Islamic religion, the practice of all the precepts of Sharia is widely preferred by its population.
There have been deep debates about the compatibility of the application of religious laws with democracy, women's rights, thought, religion or sexual identity.
Countries in which it is applied
Currently, the law of retaliation is applied in several countries in which religion and state are closely related, such as the following nations:
- Iran
- Pakistan
- Nigeria
- Saudi Arabia
- Kenya
-Afghanistan
- Qatar
- Arab Emirates
References
- En.wikipedia.org. (2019). Eye for an eye. Available at: en.wikipedia.org.
- Encyclopedia Britannica. (2019). Talion - law. Available at: www.britannica.com.
- RAE (2019). Retaliation. «Dictionary of the Spanish language» - Edition of the Tricentennial. Available at: dle.rae.es.
- Tahir Wasti (2009). The Application of Islamic Criminal Law in Pakistan. Brill. p. 49.
- Daily Mail Online. (2013). Saudi man who paralysed his best friend in knife attack faces having his spinal cord severed in 'eye-for-an eye' punishment. Available at: dailymail.co.uk.
- BBC News. (2011). Iran man 'pardoned' from blinding. Available at: bbc.com.