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Updated: June 3, 2025
The stern words which are here put into the mouth of God may possibly refer to the actual message recorded in the first verses of the chapter; but, more probably, 'the Lord said' does not here mean any divine communication, but only the divine resolve, conceived as spoken to himself. It embodies the divine lex talionis. The punishment is analogous to the crime.
A great deal of humor may coexist with a great deal of barbarism, as we see in the Middle Ages; but the strongest flavor of the humor in such cases will come, not from sympathy, but more probably from triumphant egoism or intolerance; at best it will be the love of the ludicrous exhibiting itself in illustrations of successful cunning and of the lex talionis as in Reineke Fuchs, or shaking off in a holiday mood the yoke of a too exacting faith, as in the old Mysteries.
An interesting feature, from which it is lucky that we have in these days escaped, is the application of the "lex talionis" an eye for an eye, bone for a bone, and tooth for a tooth, which is a striking feature of the code. Some of the laws of the code may be quoted: Paragraph 215.
De Stuers positively affirms that wherever the institution of the village community has been less encroached upon by the conquerors, the inequalities of fortunes are smaller, and the very prescriptions of the lex talionis are less cruel; while, on the contrary, wherever the village community has been totally broken up, "the inhabitants suffer the most unbearable oppression from their despotic rulers."
"Providence is noted for close observance of the lex talionis" sneered Arthur, "but Dr. Ashton didn't believe in the existence of that functionary, so it really ought to have passed him by. It would certainly have been more dignified." "But, oh!" she cried out, apparently not hearing or not heeding his last words, "into what sort of a world have you brought me, Arthur?
Oh, not that; avoid selfishness at Christmas, if at no other time. Rather no gift at all than a grudging one. Let your offerings represent yourselves and your affections. Indeed if they do not represent you, they are not gifts at all. "The gift without the giver is bare." And above all banish from your mind the principle of reciprocity. The lex talionis has no place in Christmas giving.
This is a principle which has its origin in the relations of the units whereof they are composed, of whom it may be said as of the sons of Ishmael, that every man's hand is against his neighbour. The vendetta, a result of the lex talionis of "eye for eye and tooth for tooth," flourishes still.
The lex talionis was in full force. Nevertheless, in spite of the harsh nature of the punishments, possibly adapted, more or less, to a harsh state of society, though the "proper end of punishments" to "make an end of punishing" was missed, the Chinese evolved a series of excellent legal codes.
Like the Dyaks, the natives of Madagascar never kill a crocodile "except in retaliation for one of their friends who has been destroyed by a crocodile. They believe that the wanton destruction of one of these reptiles will be followed by the loss of human life, in accordance with the principle of lex talionis."
A warrant for his arrest was issued, and he was lodged in jail to await his trial. If now the Hebrew had followed the lex talionis, after the manner of his race in ancient times, it might have fared badly with poor Carl.
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