Lex Talionis Essay

The principle of lex talionis was an appropriate and just manner of maintaining order and civilization in ancient Mesopotamian society. The law suggested appropriate equal and equivalent settlements for civil, criminal and domestic matters. The code delineated suitable redress for a number of issues of the day. As the law of retaliation, lex talionis, reflects the idea that a punishment should fit the crime and that a victim is due equal compensation for his loss. Also referred to as the principle of “an eye for an eye,” under this system specific sentences for specific offenses are clearly defined. The system seeks to deter crime and misconduct as well as to minimize retaliation through ongoing feuding or vendettas where such retaliation …show more content…
(Smarthistory, Art History at Khan Academy, 2011) The law related equally to everyone. Applied with equanimity regardless of your place in society. In fact, sections of the code specifically apply to punishments in cases where someone stronger (or in a position of power or authority) injures someone weaker, in order to ensure equal protection under the law. A poor thief, might be unable to pay the retribution amount due his victim, as would a wealthier man. Under the code, the punishment would mete out an equivalent physical punishment, enforced labor, or death (Fogle, n.d.). In domestic matters, the code proves more just than some modern day rulings. In marital matters, the law minimized either party’s profiting from a dissolved marriage, but protected a woman who had little standing in society. If a man had paid the bride price and through no fault of his own, the father would not give him the daughter, the man’s “purchase price” could be refunded. A woman could retain her dowry and could take it with her in the event of divorce. She may even entitled to an additional payment if she is blameless and the husband simply wanted out of the marriage. (King,