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Updated: June 3, 2025
He alone enjoys the lex talionis, and glories in carrying it into execution. Fish and potatoes constituted the diet of the following day. What does our "dare devils" do, but reserve all their potatoes to serve as cold shot to fire at the fractious commander of their next neighbor, the Bellauxcean.
"This jest of thine hath a name, in law, wot you what it is?" "I knew it not! Peradventure I have been unwise. I never dreamed it had a name ah, sweet heaven, I thought it was original." "Yes, it hath a name. In the law this crime is called Non compos mentis lex talionis sic transit gloria mundi." "Ah, my God!" "And the penalty is death!" "God be merciful to me a sinner!"
No rule on this subject recommends itself so strongly to the primitive and spontaneous sentiment of justice, as the lex talionis, an eye for an eye and a tooth for a tooth.
The death penalty is the last lingering vestige of the Lex Talionis, of the law which attempts to equalize the penalty with the crime, a conception of justice which in all other respects we have happily outgrown. It does not necessarily follow that the immediate abolition of capital punishment is expedient.
"Are you going to give me back that ten dollars, you old scoundrel?" shouted O'Day. "Stand back! stand back!" answered long Jacob; "the quotient was correct; the lex loci and the lex terræ were argued. The lex talionis " "Take it!" cried the villain, adroitly firing his shot-gun into the merchant's breast, so as not to injure his humaner beast.
If the consequences, to a man, of the slightest descent from virginity were one-tenth as swift and barbarous as the consequences to a young girl in like case, it would take a division of infantry to dredge up a single male flouter of that lex talionis in the whole western world. As things stand today, even with the odds so greatly in his favour, the average male hesitates and is thus not lost.
By the way how did he find that out? He died in his sleep. Or the other story, beast with two backs? What was that? the professor asked. He spoke on the law of evidence, J. J. O'Molloy said, of Roman justice as contrasted with the earlier Mosaic code, the lex talionis. And he cited the Moses of Michelangelo in the vatican. Ha. A few wellchosen words, Lenehan prefaced. Silence! Pause.
Let us look at this question rationally and reverently, free from all sentimental and immoral indulgence for sin and wrong. The first instinct of man is the Lex Talionis. As you do to me says the savage so I have a right to do to you. If you try to kill me or mine, I have a right to kill you in return. Is this notion uninspired? I should be sorry to say so.
With a cry he suddenly vanished and the panel slid back. An instant later his head appeared in the door opposite and said: Meet me at Westland Row station at ten past eleven. He was gone. Tears gushed from the eyes of the dissipated host. The seer raised his hand to heaven, murmuring: The vendetta of Mananaun! The sage repeated: Lex talionis.
What is essential is that beside the decalogue itself there is a considerable body of law chiefly concerned with the position of servants or slaves, the difference between assaults or torts committed with or without malice, theft, trespass, and the regulation of the lex talionis.
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