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There were still in the city a round number of the early Vigilance Committee which had ridden San Francisco of the "Sydney thieves;" some who had also, in 1849, suppressed the "Hounds;" and they were prepared again to meet violence and lawlessness with the stronger arm of organized force and the quick, sharp vengeance of the lex talionis. The occasion soon came.
He did distinctly abrogate the lex talionis, an eye for an eye and a tooth for a tooth; but he left the laws of slavery exactly as he found them, and in this he was followed by Peter and Paul, and by all the Fathers of the Church. Mr.
Not satisfied with this, they proposed the Lex Talionis; and called 'Duck him! 'Duck him! They took care, however, to turn their backs; imagining that, amid the hubbub, I should not distinguish their voices. My antagonist, though but a journeyman carpenter, had too much of the hero in him to admit of this mean revenge.
In cases where the home is not henceforward inaccessible, it is at least occupied by a strange egg and the door is securely fastened. To this reverse of fortune the ousted ones retort with the brutal lex talionis: an egg for an egg, a cell for a cell. You've stolen my house; I'll steal yours. And, without much hesitation, they proceed to force the lid of a cell that suits them.
This sort of revenge differs clearly from the avenging of blood, which has already been spoken of; while the latter keeps more or less within the limits of retaliation the 'ius talionis' the former necessarily goes much further, not only requiring the sanction of the sense of justice, but craving admiration, and even striving to get the laugh on its own side.
"Surely, son Michael," said the abbot, "you do not mean to insinuate that the noble earl will turn freebooter?" "A man must live," said brother Michael, "earl or no. If the law takes his rents and beeves without his consent, he must take beeves and rents where he can get them without the consent of the law. This is the lex talionis."
Among savages, the 'Lex talionis' the law of retaliation is the law of nature and of right; to abstain from avenging the death of a relative would be considered, by the tribe of the deceased, an act of unpardonable neglect. Their own customs, which are to them as laws, point out the mode of vengeance. The nearest relative of the deceased must spear his slayer.
Now the punishment is insufficient for those who defy it; useless for those who are already morally dead; excessive for those who repent with sincerity. Let us repeat it: society does not kill the murderer to cause him suffering, or to inflict the lex talionis; it kills him to prevent him from doing harm; it kills him that the example of his punishment may serve as a warning to murderers to come.
As some one has remarked, "the lex talionis the law of retaliation is hers. Society has made her what she is, and must now be governed by her potent influence." Surely the weight of this influence baffles computation! View it in shattered domestic ties, in the sacrifice of family peace, in the cold desolation of once happy homes!
Mendelssohn, who in his letters repeatedly alludes to his sterility in the matter of new pianoforte passages, allowed himself to be persuaded by Hiller to rewrite the pianoforte part, and was pleased with the result. It is clear from the above that if Mendelssohn failed to give Chopin his due, Chopin did more than apply the jus talionis.
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