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A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.
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Legal Definitions - lex talionis
Definition of lex talionis
Lex talionis refers to a principle of justice where the punishment inflicted should be equivalent to the injury or harm caused. It embodies the idea of "an eye for an eye," meaning that the penalty should directly mirror the offense, ensuring a proportional and reciprocal form of retribution. The core concept is that the punishment should be "in kind" – matching the nature and severity of the crime – but not exceeding it.
Example 1: In an ancient legal code, if a person intentionally destroyed another's valuable farm animal, the punishment might be the destruction of one of their own farm animals of similar value.
This directly illustrates lex talionis because the punishment (destruction of an animal) is precisely "in kind" with the offense (destruction of an animal), and it aims for an equivalent loss suffered by the perpetrator as was inflicted upon the victim.
Example 2: Imagine a fictional community's justice system where someone who commits significant vandalism by spray-painting public buildings is sentenced to not only pay for the cleaning but also to spend an equivalent number of hours performing manual labor to clean and maintain other public spaces.
Here, the punishment is designed to be "in kind" with the offense. Instead of just a fine, the offender must contribute labor that directly addresses the type of harm caused (damage to public property) by restoring similar public assets, reflecting the principle of reciprocal justice.
Example 3: In a highly structured organization with a strict code of conduct, if an employee intentionally leaks confidential company information, a potential application of lex talionis might be to permanently revoke that employee's access to all company data and systems, effectively mirroring the breach of trust and information security.
This example demonstrates lex talionis in a symbolic and functional sense. The harm caused was a breach of information confidentiality. The "in kind" punishment is the removal of the privilege of accessing information, directly mirroring the nature of the original offense and its impact on trust and security.
Simple Definition
Lex talionis is a legal principle meaning the law of retaliation. It dictates that punishment should be proportionate to the harm caused, often summarized as "an eye for an eye," but emphasizes that the punishment should not exceed the original offense.